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USER AGREEMENT Page 2 of 3
6. Intellectual Property; Software
6.1. 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.
6.2. 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.
6.3. 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.
6.4.
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) Which is likely to cause harm or damage to the computer systems, network or equipment of any third party.
6.5.
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.
6.6.
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.
6.7. 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.
7. Representations, Warranties and Covenants
7.1.
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].
7.2. 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.
7.3.
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.
8. Warranties, Liability and Indemnity
8.1.
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.
8.2. 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.
8.3. 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.
8.4.
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.
8.5. 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.
8.6. 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.
