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USER AGREEMENT Page 3 of 3
9. Termination
9.1. 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.
9.2. 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.
9.3. You may terminate this Agreement at any time by providing written notice to the Operator.
9.4. 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.
9.5. 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.
9.6. The Operator shall have no liability to you in respect of an event of force majeure, 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.
10. Amendments to this Agreement
10.1. 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.
10.2. 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.
11. Governing Law; Jurisdiction
11.1. This Agreement shall be governed by the laws of the Games Jurisdiction as in force and effect from time to time.
11.2. 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.
12. Miscellaneous
12.1. 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.
12.2. 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.
12.3. 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.
12.4. 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.
12.5. 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: info@DominoesStars.com
12.6. 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.
12.7. 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.
12.8. 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.
12.9. 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.
12.10. 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.
12.11. 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.
12.12. 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.
