1.1. It is necessary for the Operator to collect personal information and data ("Personal Data") from you in order to allow you to access and use the Games and Software. By using the Games and Software and communicating electronically with the Operator, you acknowledge and agree to the Operator processing your Personal Data in the ways set out in this Agreement.
1.2. The Operator will primarily process Personal Data for the
purposes of providing you with access to the Games and Software. In addition,
the Operator may make Personal Data available to its affiliates, parents and
subsidiary companies for the purposes of statistical and market analysis and for
informing you about products and services offered by such undertakings. If you
do not want to receive any marketing communications, please contact the Operator
using the contact details set out below.
1.3. The Operator may disclose Personal Data to other
companies within its group of companies, their affiliates, business partners,
government bodies and law enforcement agencies, successors in title to their
businesses and third party suppliers engaged to process Personal Data on their
behalf or to other third parties for the purposes of providing you with the
Games and Software. You have a right to access the Personal Data held about you.
To obtain a copy of such Personal Data, please contact the Operator using the
contact details set out below.
1.4. In order to operate effectively, the Operator relies on
the collection, storage and use of information about individuals in all
countries and territories where they operate. The collection and storage of this
information and its further use by the Operator, its affiliates, parents,
subsidiaries and operating companies on a global basis (including via the
Internet) involves regular transfers of Personal Data from one country to
another.
1.5. The Operator may search your own individual record at a
credit reference agency. It will add to your record details of this search and
your application and this will be seen by other organizations that make
searches. Information held about you by the credit reference agencies may
already be linked to records relating to one or more of your partners. For the
purposes of this application you may be treated as financially linked and your
application will be assessed with reference to any "associated" records. The
Operator may use a credit scoring or other automated decision-making system when
assessing your application. The Operator may also add to your record with the
credit reference agency details of your agreement with the Operator, the
payments you make under it and any default or failure to keep to its terms. It
is important that you give the Operator accurate information. The Operator will
check your details with fraud prevention agencies, and if you give it false or
inaccurate information and it suspects fraud, it will be recorded. These records
will be shared with other organizations and used by the Operator and such other
organizations to help make decisions about credit and credit related services
for you and members of your household, and also to trace debtors, recover debt,
prevent money laundering and fraud, and manage your accounts.
1.6. Fraud prevention agency records will also be shared with
other organizations to help make decisions on motor, household, credit, life and
other insurance proposals and insurance claims, for you and members of your
household. If you require details of those credit reference and fraud prevention
agencies from which the Operator obtains, and with which the Operator records,
information about you, then please write to the Operator at the address below.
1.7. The Operator uses cookies to (i) identify you when you
visit the Site, (ii) keep track of your browsing patterns, (iii) present a
personalized version of the Site to regular users, and (iv) allow users to carry
out transactions and access information about their account. A cookie is a small
piece of information sent by a web server to a web browser, which enables the
server to collect information from the browser (more about the use of cookies
can be found on http://www.cookiecentral.com). Most browsers allow you to turn off cookies
(if you want to know how to do this, please look at your browser's help menu),
but switching off cookies will restrict your use of the Site.
2. Intellectual Property; Software
2.1. All intellectual property or other proprietary rights in
the Games and Gaming Software (including title and ownership) belong to the
Operator, including any images, photographs, animations, video, audio, music and
text that may be part of the Gaming Software. The Gaming Software in source code
form is the trade secret and confidential information of the Operator. You shall
not acquire any rights, interest in or title to any such intellectual property
rights in the Games. All rights not expressly granted to you under this
Agreement in respect of the Gaming Software are reserved to the Operator. The
Gaming Software is protected by all applicable intellectual property laws and
international treaty provisions.
2.2. All intellectual property or other proprietary rights in
the Clearing Software (including title and ownership) belong to the Clearers.
The Clearing Software in source code form is the trade secret and confidential
information of the Clearers. All rights not expressly granted to you under this
Agreement in respect of the Clearing Software are reserved to the Clearers. The
Clearing Software is protected by all applicable intellectual property laws and
international treaty provisions.
2.3. The copying, redistribution or publication of any part of
the Software is strictly prohibited. You will not sell, assign, sub-license,
transfer, distribute, rent or lease the Software and you will be solely liable
for any and all damages, costs and expenses arising from such unauthorized sale,
assignment, distribution, renting or leasing thereof. You will not make the
Software available on a computer network or otherwise make the Software
available to any third parties without the prior consent of the owner and/or
licensor of the Software. You will not copy, reverse engineer, decompile,
disassemble, modify, translate, or make any attempt to discover the source codes
of the Software or create derivative works based on the Software, and you will
be solely liable for any damages, costs or expenses arising from the above. You
will only use the Software for the purposes contemplated by, and in accordance
with the terms of, this Agreement. If you become aware that the Software is
being used in any manner not authorized by this Agreement, you will immediately
notify the Operator.
2.4. You agree that you will not use the Software for any
unlawful purposes or for the purposes of sending or transmitting any data or
other material:
(i) In a manner that constitutes a violation or infringement
of the rights of any third party (including but not limited to intellectual
property rights);
(ii) That has harmful or damaging properties;
(iii) That may constitute any form of collusion; or
(iv) That is likely to cause harm or damage to the computer
systems, network or equipment of any third party.
2.5. You acknowledge and agree that the Software and any
related documentation or other materials provided by the Operator are the
confidential information of the Operator. You agree not to disclose such
confidential information to outside parties without the consent of the Operator.
You shall only use confidential information for the purposes of this Agreement.
Your obligations with respect to confidential information shall survive
termination of this Agreement.
2.6. The Operator may develop or issue upgraded versions of
the Software from time to time and may make such upgraded versions available to
you in their sole discretion. All such upgrades shall be deemed to be Software
for the purposes of this Agreement.
2.7. If you are involved in collusion, use multiple browsers,
use a "robot" player, play not through the user interface, or attempt to
manipulate or ascertain information concerning the Software, you will forfeit
all money and be deactivated as a player.
3. Representations, Warranties and Covenants
3.1. In consideration for the rights granted to you to use the
Games and the Software, you warrant, represent and covenant to the Operator (and
acknowledge that the Operator is relying on such warranties, representations and
covenants) that:
(i) You are legally allowed to use the Games in the Local
Jurisdiction (including being of legal age).
(ii) Your use and interest in the Games is strictly personal
and for your own private entertainment, and you acknowledge that any other
access or use of the Games is prohibited.
(iii) You are solely responsible for recording, reporting,
paying and accounting to any relevant governmental or taxation authority for any
tax or other amount that may be due on your winnings from the Games.
(iv) You acknowledge that you will not provide any information
or make any statement to the Operator or Clearers that is untrue, false,
incorrect or misleading, including (but not limited to) information relating to
your identity and contact details. All information that you have provided to the
Operator is and will continue to be true in every respect throughout the term of
this Agreement, and you agree to duly notify the Operator of any changes to such
information immediately.
(v) You will not use the Software to (i) engage in any
activity which you know, or reasonably ought to know, may be illegal or
deceptive, including colluding with other players in an attempt to commit fraud,
or (ii) facilitate or enable transactions the main purpose of which (as
determined solely by the Operator) is to effect a transfer of funds from you or
your Clearing Account to another end user or Clearing Account.
(vi) You are solely responsible for the acquisition, supply
and maintenance of all of the computer equipment, communication networks,
Internet access services and all other consents and permissions that you need to
use in order to access the Games or use the Software.
(vii) You fully understand the methods, rules, and procedures
of the Games and, when appropriate, will seek advice or help when using the
Software or the Games.
(viii) All funds used by you in the Games are lawfully yours
and not obtained from an illegal source or through illegal activity.
(ix) You acknowledge that although the Games are skill-based,
there exists a risk of losing money when using the Games.
(x) By accepting any winnings, you consent to the Operator's
use of your name for advertising and promotional purposes without additional
compensation except where prohibited by law.
(xi) Your Clearing Account is not a bank account and is
therefore not insured, guaranteed, sponsored or otherwise protected by any
deposit or banking insurance system or by any other similar insurance system of
any jurisdiction.
(xii) You will treat all funds in your Clearing Account with
the same care and security precautions as you would cash money.
(xiii) You will immediately report to the Operator any errors
or unrecognized transactions on your credit card statement or bank statement
originating from a Money Transfer. You will discontinue using the Clearing
Software immediately upon discovering any unrecognized transactions. If you
fail, neglect or refuse to report unrecognized transactions to the Operator
within a thirty (30) day period, or continue to use the Clearing Software, this
will be conclusive evidence that the unrecognized transactions are accurate you
will be deemed to have approved them, save that the Operator may reverse any
unrecognized transactions which are in your favor at any time.
(xiv) You accept and agree to abide by both the terms and
conditions of this Agreement, as amended from time to time, the rules of the
Games and any rules and terms for any promotions or loyalty schemes in which you
participate, each as set out on the Site from time to time. You may find
information regarding the rules at
Help Page
3.2. You agree to fully indemnify and hold harmless the
Operator from and against all and any losses, costs, expenses, claims, demands,
liabilities and damages however caused that may arise as a result of your use of
the Games, receipt of winnings or breach of this Agreement.
3.3. If you breach this Agreement, or the Operator has any
reasonable grounds for suspecting that you have breached the Agreement, then the
Operator (in addition to any other remedies available to it) may withhold
payment of your winnings, or retain the balance in your Clearing Account,
against any damages or other amounts owed by you to the Operator.
4. Warranties, Liability and Indemnity
4.1. THE GAMES AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS",
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE
OPERATOR DOES NOT WARRANT THAT THE OPERATION OF THE GAMES OR THE SOFTWARE WILL
MEET YOUR REQUIREMENTS, BE ERROR FREE OR SECURE, OR THAT ANY DEFECTS ARE
CORRECTABLE OR WILL BE CORRECTED. THE ENTIRE RISK AS TO THE USE, QUALITY AND
PERFORMANCE OF THE GAMES AND THE SOFTWARE LIES WITH YOU.
4.2. THE OPERATOR'S MAXIMUM LIABILITY TO YOU OR TO ANY THIRD
PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE GAMES, WHETHER FOR BREACH
OF CONTRACT, EQUITABLE DUTY OR IN TORT OR OTHERWISE, AND YOUR SOLE REMEDY IN
CONNECTION THEREWITH, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS
THE GAMES. NOTHING IN THIS AGREEMENT SHALL LIMIT THE OPERATOR'S LIABILITY FOR
DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.
4.3. IN NO EVENT WILL THE OPERATOR, ITS LICENSEES,
DISTRIBUTORS, PARENTS, SUBSIDIARIES, AFFILIATES AND ALL OF THEIR OFFICERS,
DIRECTORS AND EMPLOYEES, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR
DELIVERING THE GAMES OR SOFTWARE, BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES. THIS DISCLAIMER AND LIMITATION
APPLIES REGARDLESS OF THE CAUSE OR NATURE OF THE LOSSES OR DAMAGES INCLUDING,
WITHOUT LIMITATION, LOST PROFITS (WHETHER DIRECT OR INDIRECT), INTERRUPTIONS,
LOSS OF DATA, INACCURATE RESULTS, OR DELAYS, HOWEVER ARISING AND REGARDLESS OF
THEORY OF LIABILITY, EVEN IF THE OPERATOR RECEIVED PRIOR NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES.
4.4. ANY ALLOWABLE CLAIM, IF ANY, WHICH YOU MAY BRING AGAINST
THE OPERATOR MUST BE BROUGHT NO LATER THAN SIXTY DAYS AFTER THE DATE OF THE
EVENT GIVING RISE TO THE CLAIM, AND YOU HEREBY WAIVE ANY RIGHT TO BRING ANY
CLAIM NOT BROUGHT WITHIN SUCH PERIOD.
4.5. IF YOU ARE USING ANY THIRD PARTY EQUIPMENT, SOFTWARE OR
SERVICES IN CONNECTION WITH YOUR USE OF THE GAMES, THE SOFTWARE OR THE CLEARING
SOFTWARE, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH THIRD PARTY
GOODS OR SERVICES RESTS WITH YOU. SHOULD SUCH THIRD PARTY GOODS OR SERVICES
PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR
CORRECTIONS.
4.6. YOU SHALL DEFEND, INDEMNIFY, AND HOLD THE OPERATOR, ITS
PARENTS, SUBSIDIARIES, PARTNERS (INCLUDING ANYONE ELSE INVOLVED IN CREATING,
PRODUCING OR DELIVERING THE GAMES AND SOFTWARE), AFFILIATES, DIRECTORS,
OFFICERS, EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL
CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING
LEGAL FEES, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR
MISUSE OF THE GAMES OR SOFTWARE, ANY BREACH OF THIS AGREEMENT BY YOU, YOUR ACTS
OR OMISSIONS, THE ENFORCEMENT OR PROTECTION OR CLARIFICATION OF THE OPERATOR'S
RIGHTS UNDER THIS AGREEMENT.
5. Termination
5.1. This Agreement is effective from the date on which you
state that you have read this agreement and agree to be bound by its terms (by
clicking the "I accept" button), and until terminated in accordance with its
terms.
5.2. The Operator may terminate this Agreement at any time and
for any reason whatsoever, at its sole and absolute discretion, with or without
notice to you. In particular, the Operator may immediately terminate this
Agreement without notice if:
(i) You fail or refuse to pay any amount due to the Operator;
(ii) You breach any of the terms of this Agreement in any way,
including your representations, warranties or covenants given in this Agreement;
(iii) Your agreement with the Clearers is terminated, or your
Clearing Account is suspended or deactivated, for any reason;
(iv) Any statement or information you provide to the Operator
is untrue, false or misleading whether now or at any time that you play the
Games;
(v) You commit any legal offence; or
(vi) You cause any (actual or potentially) defamatory,
offensive, racist, harmful or obscene language or material to be published or
sent through the Games or Software.
5.3. You may terminate this Agreement at any time by providing
written notice to the Operator.
5.4. On termination of this Agreement, you shall immediately
discontinue use of the Software and the Games; pay all amounts due and owing to
the Operator; and on request, return to the Operator, or certify destruction of,
all copies of the Software and related documentation and materials in your
possession or control.
5.5. On termination of this Agreement, any balance in your
Clearing Account will be returned to you within a reasonable time of your
request, subject always to the Operator's right to deduct any amounts owed by
you to the Operator and any applicable transaction charges from such balance
before remittance to you. If this Agreement is terminated as a result of your
default, you will be liable to the Operator for damages suffered by it.
5.6. The Operator shall have no liability to you in respect of
an event of force major, meaning, for the purposes of this Agreement, any event
outside the reasonable control of the Operator negatively affecting its ability
to perform any of its obligations under this Agreement.
6. Amendments to this Agreement
6.1. The Operator may modify, restate or amend the terms and
conditions of this Agreement, or the rules and terms applicable to the Games or
promotions, from time to time, by posting a copy of such change or modification:
(i) In a user message which may pop up on your screen from
time to time when you log on to use the Games;
(ii) On the "read me" notice which pops up on your screen when
you download and install the Software; or
(iii) On the Site, and a copy of this Agreement, as updated
from time to time, is available for your review at any time on the Site.
6.2. If you use or continue to use the Games or the Software
after the posting of the change to this Agreement, the Games and their rules, or
the terms for promotions or loyalty schemes, you will be deemed to have accepted
the change whether or not you have chosen to read the user message, "read me"
notice and/or web site notices.
7. Governing Law; Jurisdiction
7.1. This Agreement shall be governed by the laws of the Games
Jurisdiction as in force and effect from time to time.
7.2. By accepting this Agreement, you agree to submit to the
exclusive jurisdiction of the location selected by the Operator, at its sole
discretion, with respect to any disputes arising out of, or connected with, this
Agreement. Nothing in this paragraph shall prevent the Operator from applying to
the courts of any jurisdiction for such provisional or protective measures as
are available under the laws of that jurisdiction.
8. Miscellaneous
8.1. The relationship between you and the Operator under this
Agreement is a business relationship, and shall not at any time be construed as
a partnership, joint venture, trust arrangement, agency or fiduciary
relationship of any kind. Nothing in this Agreement shall be construed so as to
grant you any security interest whatsoever in the assets of the Operator.
8.2. You permit the Operator to audit your compliance with
this Agreement, as the Operator deems necessary at its sole discretion at any
time for any reason.
8.3. If you are importing the Software (or any part of it)
from another jurisdiction, you agree to indemnify and hold harmless the Operator
from and against any import or export duties or other costs and expenses in
connection with such import.
8.4. The rights and obligations of the parties under this
Agreement shall not be governed by the United Nations Convention on Contracts
for the International Sale of Goods or any local implementing legislation, the
application of which is expressly excluded.
8.5. You will send all communications required in connection
with any matter relating to this Agreement and/or any services provided
hereunder by the Operator by regular mail to the address below, or by electronic
mail to the email address below. Any such communication shall be deemed to have
been received by the Operator upon actual receipt thereof:
support@DominoesStars.com
8.6. The terms and conditions of this Agreement that by their
meaning and context are intended to survive after performance hereunder shall
survive the termination or expiration of this Agreement.
8.7. Any provision of this Agreement that is invalid, illegal
or unenforceable in any jurisdiction will be ineffective in that particular
jurisdiction, without affecting the validity, legality or enforceability of that
provision in other jurisdictions, or invalidating the remaining provisions of
this Agreement.
8.8. This Agreement constitutes the entire agreement between
you and the Operator, and supersedes any prior understandings, agreements or
commitments, whether written or oral between you and the Operator.
8.9. If the Operator needs to contact you or give you formal
notice under this Agreement, it will make such contact or give notice by any
reasonable means in the circumstances based on the information that it holds
about you or that you have provided it with. Such contact or notice may be by
email, letter, fax, other electronic communication or otherwise. If the Operator
uses the details that it holds on you to serve notice, then you will be deemed
to have received the notice within a reasonable time after the Operator sends
it. You agree that you will notify the Operator if your contact details change.
8.10. The Operator shall not be liable to you for any failure
to comply with its obligations under this Agreement to the extent that such
failure is beyond its reasonable control.
8.11. You may not assign this Agreement to any third party
without the Operator's prior written consent. Subject to that restriction, this
Agreement will be binding on and inure to the benefit of, each of the parties'
respective successors and assigns. The Operator may assign, transfer or novate
any or all of its rights and obligations under this Agreement to any third party
at anytime without notice to you.
8.12. The original text of this Agreement is in English, and
any interpretation of this Agreement will be based on the original English text.
If this Agreement or any documents or notices related to it are translated into
any other language, the original English version will prevail.


