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.
5.1. 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.
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.