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USER AGREEMENT Page 1 of 3
Date of last update: February 18, 2009
This User Agreement (the "Agreement") constitutes a legally binding agreement between you (the "End User") and P4SMedia (the "Operator"), and contains binding terms and conditions with respect to accessing the online skill games (the "Games") which are located at DominoesStars.com, or alternate or associated URLs that contain the "P4SMedia" brand name (the "Site").
The Games operate based on an underlying software system owned by the Operator (the "Gaming Software"). Funds are received from players into a special electronic cash account (the "Clearing Account"), operated by one or more third parties selected by the Operator from time to time (the "Clearers"), using a software system owned and operated by the Clearers (the "Clearing Software", and together with the Gaming Software, the "Software").
The Operator possesses all required authority and licenses to operate the Games and offer the Games to the public under the jurisdiction of Las Vegas (the "Games Jurisdiction"). The Games take place, and the Games server is located, in the Games Jurisdiction, and all transactions in connection with the Games take place in the Games Jurisdiction.
The purpose of this Agreement is to regulate the legal relationship between you and the Operator in relation to your use of the Games and the Software.
By checking the box stating that you have read this agreement and agree to be bound by its terms, you will legally bind yourself to the entire terms and conditions of this Agreement. If you have any questions, the Operator encourages you to seek independent legal advice under the law of the country in which you live and/or access the Games (the "Local Jurisdiction"), prior to your acceptance of this Agreement.
If you do not agree with any of the terms of this Agreement, you must not check the box stating that you agree to be bound by its terms, quit the installment process, and delete any executable file downloaded or containing the Software from your hard drive or other storage device.
Please direct any unresolved complaints with respect to this Agreement to support@DominoesStars.com.
1. The Games
1.1. The Operator may (i) alter, modify or withdraw
any game or part thereof, (ii) alter prices, features, specifications,
capabilities, functions and/or other characteristics of the Games, including
the rules of play, (ii) refuse or limit any game or amount of money, or (iv) terminate
your access or prohibit you from participating in the Games, all at any time and
for any reason, at its sole discretion.
1.2 The Operator may, where situations warrant,
freeze the Clearing Account of any player suspected of cheating in any form.
The Operator further reserves the right to prohibit players from playing in a
particular game, including restricting players from playing together at the
same game.
1.3. The Operator reserves the right to change your alias
(nickname) if, at its absolute discretion, it considers or believes the alias to
be defamatory, offensive, pornographic in nature or intended to impersonate a
real person or brand name.
1.4. You may not use the Games, except for the
version playable for fun or practice and not for real money, in any of the
following circumstances: (i) if you have not reached the legal age of majority,
as determined by the Local Jurisdiction, or (ii) if you are under 18 years of
age, in any circumstances, or (iii) if you are prohibited from using the Games under
the law of the Local Jurisdiction, for any reason.
1.5. You may only use the Games if permitted in the
Local Jurisdiction. The availability of the Games does not constitute an offer
or invitation by the Operator to use the Games in any country in which such use
is illegal. Use of the Games and participation therein is void wherever
prohibited by any applicable law. Without limiting the generality of the
aforesaid, you may not use or access the Games in any of the following Local
Jurisdictions, in which the Games are or may be prohibited, or in w : Arizona,
Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland,
Montana, Ohio, South Dakota, Tennessee and Vermont.
1.6. It is your sole responsibility to determine
whether you are allowed to access the Games under the Local Jurisdiction, by
making appropriate inquiries. If your use of the Games is illegal you will
not be entitled to collect any winnings, and the Operator reserves the right to
recover any winnings already received by you and/or by anyone acting on your
behalf and to report you to the relevant authorities.
2. Errors and Omissions
2.1. The Operator shall use reasonable commercial
efforts to ensure that the Games and Software are available on a seven days a
week, twenty-four hours a day basis, and that help services and other services
which are typically provided off-line shall be available on a five days a week,
eight hours a day basis. Notwithstanding the aforesaid, the Operator shall not
be liable for any damages and losses that you or any third party may incur as a
result of the Operator's failure to provide the Games or Software.
2.2. If there is any discrepancy between the results for
the Games on your computer and the results on the game server, the results on
the game server shall be final and binding. If there is any discrepancy between
your on-screen display and the Site's server with respect to balance in your Clearing
Account, the balance held on the Site's server is deemed to be the balance in
your Clearing Account, and this determination shall be final and binding. You
will forfeit any amounts shown to be in your Clearing Account that result from
human error, technical default or fraud.
2.3. If you are incorrectly awarded any winnings as a
result of (i) any human error on the part of the Operator or its agents, or (ii)
any defect or error in the Software, or (iii) the failure of the Software to
operate in accordance with the rules of any of the Games through technical
error, fraud or otherwise, then the Operator will not be liable to pay you any
such winnings and you agree to refund any such winnings that may have been paid
to you by the Operator as a result of such error or mistake.
2.4. The Operator and its licensees, distributors,
parents, subsidiaries, affiliates and all of their officers and directors and
employees will not be liable for any damages which may be caused by the
interception or misuse of any information transmitted over the Internet.
3. Clearing Terms
3.1. The Operator and Clearers have agreements
allowing the Clearers to provide you with the Clearing Software. As a condition
of entering into this Agreement, you will be required to sign a separate
agreement with the Clearers, to install the Clearing Software and, if you play
for money, to open a Clearing Account with the Clearers.
3.2. You must not play for amounts greater than the
balance in your Clearing Account. Any winnings will be placed back into your Clearing
Account. By using the Games, you authorize the Operator to deal with the
Clearers, including relaying deposit and withdrawal instructions on your
behalf.
3.3. The Operator reserves the right to instruct the
Clearers (i) to refuse any application for a Clearing Account; (ii) to freeze
funds in your Clearing Account (which are subject to reclamation by the
Operator) depending on the conclusion relating to any activity that is determined
to be illegal, deceptive or fraudulent; or (iii) to close any existing Clearing
Account at any time for any reason. If the Operator elects to instruct the
Clearers to close your Clearing Account, the balance will be paid to you,
except for the following amounts, which may be set off and subtracted by the
Operator prior to payment: (i) any amounts in dispute or review, and (ii) any expenses
and costs incurred by the Operator, such as commissions to the Clearers or
other processing companies.
4. User Information
4.1. You are solely responsible for the security and
protection of your (gaming and clearing) user name, password and personal
identification number and financial information (collectively, the "User
Information"). You will take all necessary and reasonable steps to
protect the User Information from disclosure, and will not divulge the User
Information to any third party. You will not permit any third party to use your
User Information in order to access the Software or the Games.
4.2. You are solely responsible, liable and
accountable for any use or access of the Games or the Software (including all funds
risked) through your User Information and you will be solely liable for any
losses, damages, costs or expenses that occur due to the disclosure of the User
Information to others, or its use by others, whether authorized by you or not.
4.3. The Operator will not generally provide details of your Clearing Account to third parties. However, The Operator reserves the right to:
- Release any information with respect to your Clearing Account and/or your use of the Clearing Software in response to a request by a financial institution, credit agency, governmental agency, regulatory body or court of law, whether such request is made pursuant to a court order or otherwise;
- Provide details of your Clearing Account to the police or other investigatory agency pursuant to a verifiable request;
- Provide details of your Clearing Account to your credit card issuer, bank or credit reporting company for the purpose of conducting a credit investigation or rating your credit worthiness or the Operator's desire to conduct business with you;
- Provide details to a credit reporting agency in case you failed to pay for a disputed transaction, and evidence exists to substantiate the transaction;
- Seek verification of any information provided by you in relation to your Clearing Account or your use of the Clearing Software; or
- Provide details of your Clearing Account and/or your use of the Operator's services to a third party for the purposes of providing you with the Clearing Software, or to a successor in title to the Operator's business.
5.0 Privacy Policy
5.1. 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.
5.2. 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.
5.3 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.
5.4. 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.
5.5. 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.
5.6. 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.
5.7. 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.
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