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TERMS AND CONDITIONS ::
The following describes the Terms on which Global
Lottery Center, hereafter referred to as GLC offers
you access to our services.
Welcome to the user agreement (the "Agreement"
or "User Agreement") for GLC Inc. If
you reside outside of the United States, the party
you are contracting with is GLC International.
This Agreement describes the Terms and Conditions
applicable to your use of our services available
under the domain www.globallotterycenter.com (the
"Site") and the general principles for
the websites of our subsidiaries and international
affiliates. If you do not agree to be bound by
the terms and conditions of this Agreement, do
not use or access our services.
You must read, agree with and accept all of the
terms and conditions contained in this User Agreement
and the Privacy Policy, which include those terms
and conditions expressly set out below and those
incorporated by reference, before you may become
a member of GLC. We strongly recommend that, as
you read this User Agreement, you also access
and read the information contained in the other
pages and websites referred to in this document,
as they may contain further terms and conditions
that apply to you as an GLC user. Please note,
underlined words and phrases are links to these
pages and websites. By accepting this User Agreement,
you also agree that your use of other GLC websites
will be governed by the User Agreement and Privacy
Policy posted on those websites.
We may amend this Agreement at any time by posting
the amended terms on the Site. Except as stated
below, all amended terms shall automatically be
effective after 30 days they are initially posted
on the Site. In addition, we will notify you in
accordance with your Notification Preferences.
This Agreement may not be otherwise amended except
in a writing signed by you and GLC Inc. This Agreement
is effective upon acceptance in registration for
new registering users and is otherwise effective
on 1st November' 2004 for all users.
Membership Eligibility.
Our services are available only to, and may only
be used by individuals who can form legally binding
contracts under applicable law. Without limiting
the foregoing, our services are not available
to children (persons under the age of 18) or to
temporarily or indefinitely suspended GLC members.
If you are under 18 years, you can use this service
only in conjunction with and under the supervision
of your parents or guardians. If you do not qualify,
please do not use our Site. Further, your GLC
account (including feedback) and User ID may not
be transferred or sold to another party. If you
are registering as a business entity, you represent
that you have the authority to bind the entity
to this Agreement.
Fees and Services.
Joining and raffling items on GLC is free. We
do charge fees for listing items for raffle through
our Site and when you list an item you have an
opportunity to review and accept the fees that
you will be charged. Our Fees and Credits Policy
is available (at will ad url here) and is incorporated
into this Agreement by reference. We may change
our Fees and Credits Policy and the fees for our
services from time to time. Our changes to the
policy are effective after we provide you with
at least fourteen (14) days notice of the changes
by posting the changes on the Site. However, we
may choose to temporarily change our Fees and
Credits Policy and the fees for our services for
promotional events (for example, free listing
days) and such changes are effective when we post
the temporary promotional event on the Site. We
may in our sole discretion change some or all
of our services at any time. In the event we introduce
a new service, the fees for that service are effective
at the launch of the service. Unless otherwise
stated, all fees are quoted in U.S. Dollars. You
are responsible for paying all fees associated
with using our services and the Site and all applicable
taxes.
GLC is a Venue.
Although we are commonly referred to as an online
RAFFLE auction web site, it is important to realize
that we are not a traditional "Auctioneer."
Instead, the Site acts as a venue to allow anyone
to offer, sell, raffle and buy just about anything,
at anytime, from anywhere, in a variety of pricing
formats, including a fixed price format and an
auction-raffle style format commonly referred
to as "online auctions" or "auctions."
We are involved in the actual transaction between
buyers and sellers. As a result, we have control
over the quality, safety or legality of the items
advertised, the truth or accuracy of the listings,
the ability of sellers to sell items or the ability
of buyers to pay for items. We can ensure that
a buyer or seller will actually complete a transaction.
Fixed Price Marketplace. We also offer you the
availability to purchase items at a fixed price
from a service on an area of our Site. This area
is a venue that allows users to find and purchase
items from other users at a fixed price. Specific
terms and conditions apply to your use of the
area that you can read by going to our main website.
Identity Verification. We use many techniques
to verify the accuracy of the information our
users provide us when they register on the Site.
However, because user verification on the Internet
is difficult, GLC can and does confirm each user's
purported identity. Thus, we have established
a user-initiated feedback system to help you evaluate
with whom you are dealing. We also encourage you
to communicate directly with potential trading
partners through the tools available on the Site.
You may also wish to consider using a third party
escrow service or services that provide additional
user verification.
Release. Because we are a venue, in the event
that you have a dispute with one or more users,
you release GLC (and our officers, directors,
agents, subsidiaries, joint ventures and employees)
from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising
out of or in anyway connected with such disputes.
If you are a Wyoming resident, you waive Wyoming
Civil Code §1542, which says: "A general
release does not extend to claims which the creditor
does not know or suspect to exist in his favor
at the time of executing the release, which if
known by him must have materially affected his
settlement with the debtor."
Information Control. We will control the information
provided by other users that is made available
through our system. Please use caution, common
sense and practice safe trading when using the
Site. Please note that there are also risks of
dealing with underage persons or people acting
under false pretense. Additionally, there may
also be risks dealing with international trade
and foreign nationals. By using this Site, you
agree to accept such risks and GLC is not responsible
for the acts or omissions of users on the Site.
Bidding and Buying and Raffling.
As a buyer, you are obligated to complete the
transaction with the seller:
By bidding on an item for raffle you agree to
be bound by the conditions of sale included in
the item's description as long as those conditions
of sale are not in violation of this Agreement
or unlawful. Bids are not retractable except in
exceptional circumstances, such as: when the seller
materially changes the item's description after
you bid; a clear typographical error is made;
you cannot authenticate the seller's identity
or when the seller does not confirm your purchase
in the area of our services. If you choose to
bid on mature audience items or items that are
restricted to adult use, you are certifying that
you have the legal right to purchase such items.
Listing
and Selling.
Listing Description.
You must be legally able to sell, raffle, the
item(s) you list for sale on the Site. You must
describe your item and all terms of sale or raffle
on the listing page of the Site. Your listings
may only include text descriptions, graphics,
pictures and other content relevant to the sale
of that item. All listed items must be listed
in an appropriate category. All items in multiple
item listings must be identical.
Binding Raffles. Except for items listed in a
category under the Non-binding Bid Policy, if
you receive at least one bid at or above your
stated minimum price (or in the case of reserve
raffle, at or above the reserve price), you are
obligated as the seller to complete the transaction
with the highest bidder upon the raffle completion,
unless there is an exceptional circumstance, such
as: (a) the buyer fails to meet the terms of your
listing (such as payment method), or (b) you cannot
authenticate the buyer's identity.
Fraud. Without limiting any other remedies, GLC
may suspend or terminate your account if we suspect
that you (by conviction, settlement, insurance
or escrow investigation or otherwise) have engaged
in fraudulent activity in connection with the
Site.
VeRO Program. GLC Verified Rights Owner (VeRO)
program works to ensure that listed items do not
infringe upon the copyright, trademark or other
rights of third parties. VeRO program participants
and other rights owners can report listings offering
infringing items and request that such items be
removed. VeRO program participants and other rights
owners may have limited access to some of your
personal information as described in the Privacy
Policy.
Manipulation. Neither
you, bidders nor sellers may manipulate the price
of any item nor may you interfere with other user's
listings or transactions.
Your Information.
Definition. "Your Information" is defined
as any information you provide to us or other
users in the registration, bidding, raffling or
listing process, in any public message area (including
the Café or the feedback area) or through
any email feature. You are solely responsible
for Your Information, and we act as a passive
conduit for your online distribution and publication
of Your Information.
Restricted Activities. Your Information (or any
items listed) and your activities on the Site
shall not: (a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit
or stolen items; (c) infringe any third party's
copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity
or privacy; (d) violate any law, statute, ordinance
or regulation (including, but not limited to,
those governing export control, consumer protection,
unfair competition, antidiscrimination or false
advertising); (e) be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography or,
if otherwise adult in nature or harmful to minors,
shall be posted only in the Mature Audiences section
and shall be distributed only to people legally
permitted to receive such content; (g) contain
any viruses, Trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming
routines that may damage, detrimentally interfere
with, surreptitiously intercept or expropriate
any system, data or personal information; (h)
create liability for us or cause us to lose (in
whole or in part) the services of our ISPs or
other suppliers; and (i) link directly or indirectly
to or include descriptions of goods or services
that: (aa) are prohibited under this Agreement;
(bb) are identical to other items you have up
for raffle but are priced lower than your item's
reserve or minimum bid amount; (cc) are concurrently
listed for sale on a web site other than GLC (this
does not prevent linking to or advertising an
GLC item from another web site); or (dd) you do
not have a right to link to or include. Furthermore,
you may not list any item on the Site (or consummate
any transaction that was initiated using our service)
that, by paying to us the listing fee or the final
value fee, could cause us to violate any applicable
law, statute, ordinance or regulation, or that
violates our current Prohibited, Questionable
and Infringing Items.
License. Solely to enable GLC to use the information
you supply us with, so that we are not violating
any rights you might have in that information,
you agree to grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the
copyright, publicity, and database rights (but
no other rights) you have in Your Information,
in any media now known or not currently known,
with respect to Your Information. GLC will only
use Your Information in accordance with our Privacy
Policy.
Access and Interference.
The Site contains robot exclusion headers. Much
of the information on the Site is updated on a
real time basis and is proprietary or is licensed
to GLC by our users or third parties. You agree
that you will not use any robot, spider, scraper
or other automated means to access the Site for
any purpose without our express written permission.
Additionally, you agree that you will not: (i)
take any action that imposes, or may impose in
our sole discretion an unreasonable or disproportionately
large load on our infrastructure; (ii) copy, reproduce,
modify, create derivative works from, distribute
or publicly display any content (except for Your
Information) from the Site without the prior expressed
written permission of GLC and the appropriate
third party, as applicable; (iii) interfere or
attempt to interfere with the proper working of
the Site or any activities conducted on the Site;
or (iv) bypass our robot exclusion headers or
other measures we may use to prevent or restrict
access to the Site.
Feedback.
Integrity. You may not take any actions that
may undermine the integrity of the feedback system.
We may limit the number of raffles and listings
you may place on the Site based upon the level
of your feedback. If you earn a net feedback rating
of -4 (minus four), your membership may be suspended,
and you may be unable to list or bid.
Export. You acknowledge that your feedback consists
of comments left by other users and a composite
feedback number compiled by GLC, and that the
composite number without the comments does not
convey your full user profile. Because feedback
ratings are not designed for any purpose other
than for facilitating trading between GLC users,
you agree that you shall not market or export
your GLC feedback rating in any venue other than
an GLC operated website.
Import. We do not provide you the technical ability
to import feedback from other (non-GLC operated)
websites to GLC because a composite number, without
the corresponding feedback does not reflect your
true online reputation within our community.
Breach.
Without limiting other remedies, we may limit
your activity, immediately remove your bids or
item listings, warn our community of your raffle,
issue a warning, temporarily suspend, indefinitely
suspend or terminate your membership and refuse
to provide our services to you if: (a) you breach
this Agreement or the documents it incorporates
by reference; (b) we are unable to verify or authenticate
any information you provide to us; or (c) we believe
that your actions may cause financial loss or
legal liability for you, our users or us.
Privacy.
We do not sell or rent your personal information
to third parties for their marketing purposes
without your explicit consent and we only use
your information as described in the Privacy Policy.
We view protection of users' privacy as a very
important community principle. We understand clearly
that you and your information is one of our most
important assets. We store and process your information
on computers located in the United States that
are protected by physical as well as technological
security devices. We use third parties to verify
and certify our privacy principles. Our current
Privacy Policy is available. If you object to
your Information being transferred or used in
this way please do not use our services.
No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES
AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES
"AS IS" AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE,
OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES
AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not
apply to you. This warranty gives you specific
legal rights and you may also have other legal
rights that vary from state to state.
Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE
FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT
(HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS,
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE
IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF
FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE
RAFFLE GIVING RISE TO LIABILITY, AND (B) $100.
Some States do not allow the exclusion or limitation
of incidental or consequential damages, so the
above limitation or exclusion may not apply to
you.
Indemnity.
You agree to indemnify and hold us and (as applicable)
our parent, subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from
any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising
out of your breach of this Agreement or the documents
it incorporates by reference, or your violation
of any law or the rights of a third party.
Legal Compliance.
You shall comply with all applicable domestic
and international laws, statutes, ordinances and
regulations regarding your use of our service
and your raffle on, listing, purchase, solicitation
of offers to purchase, and sale of items.
No Agency.
You and GLC are independent contractors, and
no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended
or created by this Agreement.
Notices.
Except as explicitly stated otherwise, any notices
shall be given by postal mail to GLC. Attn: Legal
Department P.O.Box 97, Mills, Wy 82644 (in the
case of GLC) or to the email address you provide
to GLC during the registration process (in your
case). Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified
that the email address is invalid. Alternatively,
we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address
provided to GLC during the registration process.
In such case, notice shall be deemed given 3 days
after the date of mailing.
Resolution of Disputes. In the event a dispute
arises between you and GLC, our goal is to provide
you with a neutral and cost effective means of
resolving the dispute quickly. Accordingly, you
and GLC agree that any claim or controversy at
law or equity that arises out of this Agreement
or our services ("Claims") shall be
resolved in accordance with one of the subsections
below or as otherwise mutually agreed upon in
writing by the parties. Before resorting to these
alternatives, we strongly encourage you to first
contact us directly to seek a resolution and we
will consider reasonable requests to resolve the
dispute through alternative dispute resolution
procedures, such as mediation, as an alternative
to litigation.
Binding Arbitration. For any Claim (excluding
Claims for injunctive or other equitable relief)
where the total amount of the award sought is
less than $1,000, you or GLC may elect to resolve
the dispute through binding arbitration conducted
by telephone, on-line and/or based solely upon
written submissions where no in-person appearance
is required. In such cases, the arbitration shall
be administered by the American Arbitration Association
or JAMS in accordance with their applicable rules,
or any other established ADR provider mutually
agreed upon by the parties. Any judgment on the
award rendered by the arbitrator may be entered
in any court having jurisdiction thereof.
Court. Alternatively, any Claim may be adjudicated
by a court of competent jurisdiction located in
Natrona County, Wyoming or where the defendant
is located (in our case Mills, Wyoming, and in
your case your home address or principal place
of business). You and GLC agree to submit to the
personal jurisdiction of the courts located within
the county of Natrona, Wyoming.
Alternative Dispute Resolution. Alternatively,
GLC will consider use of other alternative forms
of dispute resolution, such as binding arbitration
to be held in Natrona County, Wyoming or another
location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive
or equitable relief) between the parties must
be resolved using the dispute resolution mechanism
that is selected in accordance with this Section
by the first party to file a Claim. Should either
party file an action contrary to this Section
17, the other party may recover attorneys' fees
and costs up to $1000, provided that the party
seeking the award has notified the other party
in writing of the improperly filed Claim and the
other party has failed to withdraw the Claim.
Additional Terms.
The following policies are incorporated into
this Agreement by reference and provide additional
terms and conditions related to specific services
offered on the Site:
Privacy Policy:
Listing Policy:
Investigations Policy:
Prohibited, Questionable & Infringing Item
Policy:
Real Estate Policy:
and Non-Paying Bidder Policy:
Each of these policies may be changed from time
to time and are effective immediately after we
post the changes on the Site, except for the Privacy
Policy for which we will provide you with thirty
days prior notice. In addition, when using particular
services on the Site, you agree that you are subject
to any posted policies or rules applicable to
services you use through the Site, which may be
posted from time to time. All such posted policies
or rules are hereby incorporated by reference
into this Agreement.
General.
This Agreement shall be governed in all respects
by the laws of the State of Wyoming as such laws
are applied to agreements entered into and to
be performed entirely within Wyoming between Wyoming
residents. We do not guarantee continuous, uninterrupted
or secure access to our services, and operation
of the Site may be interfered with by numerous
factors outside of our control. If any provision
of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining
provisions shall be enforced. You agree that this
Agreement and all incorporated agreements may
be automatically assigned by GLC in accordance
with "Notices", in our sole discretion,
Headings are for reference purposes only and in
no way define, limit, construe or describe the
scope or extent of such section. Our failure to
act with respect to a breach by you or others
does not waive our right to act with respect to
subsequent or similar breaches. This Agreement
sets forth the entire understanding and agreement
between us with respect to the subject matter
hereof. (Fees and Services) with respect to fees
owed for our services, (Release), (License), (Access
and Interference), (Liability Limit), (Indemnity)
and (Resolution of Disputes) shall survive any
termination or expiration of this Agreement.
Disclosures.
The services hereunder are offered by GLC Inc.,
located at 760 S0 3RD AVE. Mills, Wy 82644. If
you are a Wyoming resident, you may have this
same information emailed to you by sending a letter
to the foregoing address with your email address
and a request for this information. If you reside
outside of the United States, the services are
offered by GLC International.
Commercially available parental control protections
(such as computer hardware, software or filtering
services) are commercially available that may
assist you in limiting access to material that
is harmful to minors. If you are interested in
learning more about these protections, information
is available at http://www.safetysurf.com or
other analogous sites providing information on
such protections. The preceding link is provided
for information purposes only and is not intended
as an endorsement of SafetySurf.com's Internet
site, services or policies. GLC is not affiliated
with SafetySurf.com.
Disputes between you and GLC regarding our services
may be reported to Customer Support by going to
http://www.send-sa-raffle.us We in courage you
to report all user-to-user disputes to your local
law enforcement, postmaster general or a certified
mediation or arbitration entity.
Additionally, you may report complaints to the
Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs
may be contacted in writing at 400 R Street, Sacramento,
CA 95814 or by telephone at (800) 952-5210.
Official Raffle Contest Rules
By participating, you
agree that:
These Official Contest Rules may not be waived,
modified, or supplemented except by the Send-Sa-Raffle.
No modification of these official contest rules
shall be enforceable unless made by the Send-Sa-Raffle.
The raffle drawing shall be held at the Mills
Fire Department in Mills, Wyoming. All tickets
must be received by the drawing date to be eligible
for the drawing. Each ticket will be entered separately
in the drawing. Each ticket is a separate and
equal chance to win the Property.
Winner has 30 days to take possession of said
Property.
Due to postal regulations, raffle ticket stubs
cannot be returned by mail for purchases over
the Internet, through the mail or by telephone.
When an order is placed, we will complete the
ticket by filling in the name, address and phone
number and we will drop the ticket in the barrel
at Send-Sa-raffle. At the drawing, the winner
will be contacted based on the name and information
on the ticket. To pick up the vehicle or take
possession of real estate property, you must have
two forms of identification, one of which must
be a photo ID will be required to prove that this
person is the person on the winning ticket.
Purchasers do not need their ticket stubs for
any reason. However, the stubs will be kept on
file at the GLC. Purchasers can call the GLC or
email rafflesales@send-sa-raffle.us to check when
the order was processed and obtain their ticket
number if so desired. Tickets can be picked up
at the GLC during the hours of 8:00 am to 5:00
pm form Monday to Friday.
Winner notification will be made by telephone
and mail. Successive alternate backup winners
will be drawn and held by the GLC Inc. judges,
but not announced in case the first winner does
not claim the Property in 30 days or is otherwise
ineligible. Participant must be at least 18 years
old.
Winner may be required to sign an affidavit of
eligibility at the discretion of the Send-Sa-Raffle.
Winner is solely responsible for all taxes, registration,
title, transfer fees, license duties, insurance
and all expenses in claiming, registering and
using the Property. This may include sales taxes
and property taxes. The GLC has no liability with
regard to taxes and fees for the Property.
In the event the Property is lost, damaged, destroyed
or otherwise not available, Send-Sa-Raffle liability
shall be limited to refund of ticket price to
participants.
Send-Sa-Raffle liability for any other claim
is limited to refund of ticket prices.
Winner agrees to the use of his/her name, address,
photograph or videotape likeness and statements
for publicity purposes by Send-Sa-Raffle and agrees
to sign a publicity release without any further
compensation. Send-Sa-Raffle reserves the right
to cancel this contest at any time, in which event
its liability is limited to refund of ticket prices
to participants. Model year and vehicle, real
estate, options advertised are based on availability.
Ticket sales to Send-SA-Raffle employees, board
members and their immediate families are prohibited.
Immediate family includes spouse and parents-in-law,
parents and grandparents, children and their spouses
and siblings and their spouses.
Any person who engages in conduct designed to
corrupt the outcome of a charitable gaming activity
with the purpose to defraud, or knowing that he
is facilitating a fraud, is guilty of a Felony.
(Being Fraudulent in anyway to obtain said property
or to raffle said property).
CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE
AND LOCAL LAWS AND IS VOID WHERE PROHIBITED, TAXED
OR OTHERWISE RESTRICTED.
All proceeds benefit the Jigsaw Puzzle Tournament,
a private non-profit foundation:
Due to postal regulations, raffle ticket stubs
cannot be returned by mail for purchases over
the Internet, through the mail or by telephone.
When an order is placed, we will complete the
ticket by filling in the name, address and phone
number and we will drop the ticket in the barrel
at the Send-sa-Raffle. At the drawing, the winner
will be contacted based on the name and information
on the ticket. To pick up any Vehicle, Aircraft,
Recreational Vehicle, ATVs, Classic Cars or take
possession of any real estate property you must
have two forms of identification, one of which
must be a photo ID will be required to prove that
this person is the person on the winning ticket.
Purchasers do not need their ticket stubs for
any reason. However, the stubs will be kept on
file at the GLC. Purchasers can call the GLC or
email rafflesales@send-sa-raffle.us to check when
the order was processed and obtain their ticket
number if so desired.
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