I. INTRODUCTION
These Terms and Conditions (hereinafter, Terms) constitute a legally binding agreement, together with all the documents referred to in it, made between you (hereinafter ‘you’, ‘User’, he/she, him/her, his/her) and Live Domino (hereinafter, ‘we’, ‘us’ or ‘our’), concerning your access to and use of the “Domino Games” software application (hereinafter ‘App’). The collection, use, and disclosure of Users’ information (including personal information) are detailed in the Privacy Policy available at Go To The Moon Web Site which you should read and familiarize yourself with. You understand that by using the App and/or accepting these Terms, You are also accepting our Privacy Policy.
These Terms govern the relationship between User and Domino Games regarding the use of the App. By downloading, installing, accessing or using any part of the App, User agrees to these Terms and accepts to be bound by them. User should read these Terms carefully before downloading, installing or using the App. If User disagrees with any of these Terms, he/she is expressly prohibited from downloading, installing, accessing and using the App.
II. WHO CAN USE THE APP
So as to download, install or use the App, User must be 18 years of age or older.
The use of App by minors (below the age of 18) is subject to the consent of their parents or guardians. In order to do that, all Users who are minors must assure that their parents or guardians have read, understood and agreed to these Terms before using the App. Besides, User may use the App only if he/she can legally form a binding contract, and only in compliance with these Terms and all applicable laws. If you are the parent or legal guardian of a minor, you agree to these Terms on behalf of yourself and your child(ren).
Any person under the age of 13 is prohibited to download, install, access or use the App. It is incumbent on the parents to avoid their child(ren) under the age of 13 using the App.
We reserve the right, in its sole discretion, to terminate or to suspend Users’ account and/or prohibit him/her from using or accessing the App at any time, with or without notice, if we believe that User is under the age of 13.
III. ACCOUNT CREATION AND MAINTENANCE
In order to use some features of the App, User will need to register with Domino Games and create an account. Creating an account is optional, but without an account User will not be able to save or publish projects or game data/records on Domino Games. When registering for a personal account, User will be asked to provide certain personal information, such as his/her email address, gender, birth month and year, and country. Please see Domino Games’ Privacy Policy for our data retention and usage policies.
User is responsible for maintaining the security of his/her account. Users should not share details with others or allow others to access or use his/her account. User is solely responsible for any activity in his/her account whether or not authorized by User, including purchases made using any payment instrument.
User admits that he/she is the sole responsible from any data you submit to us and you warrant their accuracy, completeness and trueness.
Users’ account will be considered active until we receive Users’ request to deactivate or delete it or in the event that the Domino Games decides to temporarily or permanently limit, suspend or terminate Users’ account. Nonetheless, we reserve the right to terminate an account that has been inactive for at least 365 consecutive days. User will not receive real money or other compensation for unused virtual items or virtual goods when an account is closed, whether such closure is voluntary or involuntary.
User may cancel his/her account at any time and also cease use of a paid membership at any time. However, paid memberships are not transferable. Users’ cancellation of an account, or his/her cessation of use of any paid will not entitle User to any refund, including of any subscription fees.
IV. VIRTUAL CURRENY AND MEMBERSHIP PLANS
Access to some services and/or further features within the App requires paid memberships. The complete list of membership plans and pricing is given on the App’s page. An auto-renewing membership period will start on a regular basis after the current membership period expires. We suggest User to pay attention to that he/she will be charged automatically if User does not cancel his/her membership 24 hours before the end of the current membership period. Please mind that removing the App from device does not mean that User deactivates his/her membership and cancellation of the current membership during active membership period does not grant User any payment, refunds, or compensation. User is responsible to manage his/her membership.
User may choose different membership options. Prices will be in U.S. dollars and may differ in countries other than U.S. User will access all essential information about membership plans on the signup screen before the purchase.
We have the right to revise, suspend or end offered membership plans at any time.
The App may include also an opportunity to purchase Virtual Currency that may require User to pay a fee using real money to get the Virtual Currency. The App may also include virtual items that may be purchased from Domino Games for real money or for Virtual Currency. Users’ purchase of Virtual Currency and/or Virtual Goods is not refundable, exchangeable, and transferable, except in Domino Games’ sole discretion. It is promptly prohibited to not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the App. Accordingly, User may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without Domino Games’ written permission.
Domino Games retains the right to modify, manage, improve or terminate Virtual Currency and/or Virtual items at its sole discretion. Prices and availability of Virtual items are subject to change without notice.
User agrees to pay all fees and applicable taxes incurred by User or anyone using an account registered to User. User acknowledges that Domino Games is not required to provide a refund for any reason, and that he/she will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.
V. PROHIBITED BEHAVIOUR
User agrees not to use the App in any way that:
- violates any applicable local, national or international law,
- is harmful, defamatory, threatening, abusive, harassing, offensive or vulgar, invasive of another’s privacy, tortuous, pornographic,
- interferes with any other party’s use and enjoyment of the App,
- contains explicit or graphic descriptions or accounts of sexual acts, obscene photos, videos, or images,
- links to pages containing viruses or malware,
- victimizes or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability,
- infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights,
- attempts to collect personal information about third parties without their knowledge or consent,
- interferes with or otherwise limit the use of the App by other users; or collect, compile, or store personal information about other users of the App,
- engages in any activities or manipulate identifying material to misrepresent the origin of content,
- modifies the information found on the App,
- uses the App for commercial purposes.
User may not use the App for illegal purposes. We reserve the right to cooperate with legal authorities, or any injured third parties in the investigation of any criminal or civil illegal activity.
We reserve the right to determine what conduct it considers to be in violation of these Terms and the right to take action as a result, which may include terminating Users’ Account and prohibiting User from using the App in whole or in part.
VI. USER-GENERATED CONTENT AND ENFORCEMENT
For the purposes of these Terms, “user-generated content” includes any comments, posts or links that Users submit to App or, in case the camera and/or microphone is turned on while using the App, any audio or video content provided by Users intentionally or unintentionally.
User can turn camera and/or microphone of his/her mobile device on while playing with other Users. It is a feature we provide to Users for entertainment purposes only. That feature is optional. User does not have to use his/her camera or microphone or can stop using them any time. User understands that by using that feature, he/she may unintentionally be exposed to content that is offensive, indecent or objectionable. If User does not feel comfortable with that feature, we strongly recommend him/her to not turn his/her camera or microphone on during the use of App. Users’ use of that feature is at his/her sole responsibility. Besides, some mobile devices’ cameras may overheat or experience other problems due to extended use. User is also responsible to control his/her cameras’ and mobile devices’ situation. In this respect, User waives his/her rights or remedies against Domino games, in other words, Domino Games bear no responsibility regarding any damages, physically or otherwise, User may be exposed through use of that feature.
Although we require all Users to comply with these Terms, some inappropriate user-generated content may be submitted and displayed on App. User understands that when he/she uses the App, User may be exposed to user-generated content that he/she finds objectionable or offensive in any way. If User sees any content that violates these Terms, harasses him/her or damages his/her personal rights please let us know by using the ‘Contact Us’.
All Users have access to the report mechanism via contact in main page/options menu. If a User or his/her content is reported, a moderator may contact him/her within a reasonable time. We may edit, move, or delete any content that violates these Terms and suspend or delete the account causing the violation, without notice. We will do our best in the investigation process of the report and User explicitly understands and agrees to accept Domino Games’ decisions on the reports are final.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process, or governmental request, enforce these Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security, or technical issues, respond to user support requests, or protect the rights, property, or safety of Domino Games and its Users.
VII. THIRD PARTY CONTENTS
In order to provide User certain services or for advertising purposes the App may link User to other websites on the Internet and contracted third parties. The existence of such links does not mean that we endorse these third-party services or contents. User acknowledges and agrees that we are not responsible or liable for any content or other materials on these third-party platforms.
VIII. INTELLECTUAL PROPERTY RIGHTS
All of the content including information, photographs and other graphic materials, sounds, music or video as well as names, logos and trademarks within the App are protected locally or internationally by copyright laws and other relevant laws.
By using the App, User takes responsibility to respect our “Intellectual Property Rights” as well as those owned by third parties. Subject to these Terms, we grant User a limited, non-exclusive, non-transferable, and revocable license to use our App. Users’ use of our App grants no right or license to reproduce or to use any of our trademarks or third-party trademarks.
All ownership rights in and to the User Content remain under the exclusive ownership of the applicable Users, however each User grants Domino Games with a worldwide, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed) in connection with Domino Games’ business purposes, including without limitations, for marketing purposes, in order to improve the App and for any other legal purpose.
User has the sole responsibility of any his/her activity that may breach the rights explained in that article.
All rights not expressly granted herein are reserved.
IX. DISCLAIMER
Users’ access and use of the App is at his/her own sole responsibility. User understands and acknowledges that the App is provided to you on an ‘as is’ and ‘as available’ basis. The App, to the maximum extent permitted under applicable law, disclaims all warranties, express or implied, of merchantability, technical compatibility, fitness for a particular purpose, or non-infringement.
The App disclaims all responsibility and liability for the completeness, accuracy, availability, security of the App and its all content provided to User and also for any loss, damage that results from his/her downloading, installing, access or use of the App.
We don’t warrant the compatibility of the App withall hardware and software which User may use. Users are responsible for ensuring that their own software and hardware is suitable and up-to-date.
We make no guarantee, expressed or implied that Users’ access to the App will be uninterrupted, without error, omission, virus or harmful component.
X. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; ANY BEHAVIOUR OR CONTENT OF ANY THIRD PARTY ON THE APP, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL BEHAVIOUR OR CONTENT OF OTHER USERS OR THIRD PARTIES. YOU ALSO PROMPTLY UNDERSTAND AND ACCEPT THAT WE ARE NOT LIABLE FOR ANY COSTS, LOSS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.
XI. CHANGES TO THE APPS
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the App (or any part thereof) without notice, at any time. In addition, User hereby acknowledges that the content, service provided under the App may be changed, extended or removed at any time without any notice to you. User agrees that we shall not be liable for any modification, suspension, or discontinuance of the App. User hereby agrees that the Domino Games is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
XII. MODIFICATION OF THE TERMS
These Terms may be revised or updated by us at any time and for any reasons. We will alert User about any changes by updating these Terms and User waives any right to receive explicit notice of each such change User agrees to review these Terms periodically for revisions and updating. If any such revision or update is unacceptable to User, He/she should promptly end downloading, installing and using the App. His/her continued use of the App after any such revision or updating means that User accepts the revised Terms.
XIII. NO WAIVER
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Domino Games’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
XIV. GOVERNING LAW
These Terms shall be governed by and interpreted according to the laws of the United Kingdom.
We do not pretend that the App is available or convenient for use in other locations. User bears sole responsibility for compliance with local law if he/she downloads, installs, accesses or uses the App from other locations, and so he/she agrees being responsible for ensuring that his/her access and use of the App is legal and any consequences related to his/her compliance with all applicable laws, regulations, authorizations and other relevant legal arrangements.
In case of existence of any dispute, controversy, claim or allegation arising from or in connection with the App or these Terms, then User and we will try to get an amicable settlement first. If an amicable settlement is not possible, all disputes arising from or in connection with these Terms shall be exclusively decided by competent courts in London.
If User ever wishes to seek any relief from us, he/she accepts to waive the ability to pursue class action lawsuit.
XV. TERMINATION
We reserve the right, in its sole discretion, to terminate these Terms for any reason and at any time.
Upon any termination, the rights and licenses granted to you thus will terminate and so you must cease all use of the App.
XVI. SEVERABILITY CLAUSE
Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
It is clearly prohibited to assign or transfer or purport to assign or transfer the contract between User and us to any other person.
XV. CONTACT INFORMATION
We may respond to Users’ support requests or questions. If User wants to submit a support request or has any questions about these Terms or the App, we are ready to help via…
Submit Request & Report : dominolive@gotothemoonuk.com
Go To The Moon Ltd.
89A London Road, LE20PF, Leicester