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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.
