These terms and conditions (the “Agreement”) constitute a legally binding agreement between:
Littlewoods Poker is located at http://www.littlewoodspoker.com or replacement or associated URLs. Littlewoods Poker operates on the basis of an underlying software system licensed to Littlewoods by WagerLogic (the “Software”). In this Agreement Littlewoods and WagerLogic are together referred to as the “Service Providers”. This Agreement is between you and all of the Service Providers. The Service Providers may (either individually or together) enforce any of their respective rights or powers set out in this Agreement against you directly.
The purpose of this Agreement is to regulate the legal relationship between Littlewoods, you and WagerLogic in relation to your use of Poker and the Software. If you have any questions, the Service Providers encourage you to seek independent legal advice in your jurisdiction prior to clicking on the "ACCEPT" button. By clicking on the "ACCEPT" button and/or continuing to access and/or use Poker or the Software you are legally bound by this Agreement INCLUDING THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN IT AT CLAUSE 11. If you do not agree with any of the terms of this Agreement you must click on the “DECLINE” button and you must not or continue to use Poker or the Software.
1.1 Littlewoods operates Poker by virtue of a license granted to a registered license-holder by the Government of Netherlands Antilles. Littlewoods is licensed by WagerLogic to use the Software for the purposes of providing Poker to you. All transactions with Poker take place in the territory of Curacao where the Poker server is located.
1.2 You can only use Poker if you are of the legal age of majority as determined by the law of the country from where you live and/or access Poker (the “Local Jurisdiction”). You cannot use Poker if you are under 18 years of age in any circumstances. If you are under 18 years of age or below the legal age in the Local Jurisdiction, or if use of Poker is prohibited in the Local Jurisdiction (YOU HAVE AN OBLIGATION TO MAKE THIS DETERMINATION BY MAKING THE APPROPRIATE ENQUIRES IN THE LOCAL JURISDICTION) then you must only use the version of Poker that can be played for fun or practice, and not for real money, offline.
1.3 Poker is only available to you if use of Poker is permitted in the Local Jurisdiction. Littlewoods does not intend that anyone should use Poker where such use is illegal. The availability of Poker does not constitute an offer or invitation by Littlewoods to use Poker in any country in which such use is illegal. Use of Poker and participation in its games is void wherever prohibited by any applicable law. YOU ACCEPT SOLE RESPONSIBILITY FOR DETERMINING WHETHER YOUR USE OF POKER IS LEGAL IN THE LOCAL JURISDICTION. If your use of Poker is illegal you will not be entitled to collect any winnings and Littlewoods 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.
1.4 Employees of the Service Providers, their licensees, distributors, subsidiaries and members of the immediate families of each are not eligible to use Poker.
2 END USER'S REPRESENTATIONS, WARRANTIES AND COVENANTS & INDEMNITY
2.1 In consideration for the rights granted to you to use Poker you warrant, represent and covenant with the Service Providers (and acknowledge that the Service Providers are relying on such warranties, representations and covenants) that:
You are of sufficient legal age, and are legally allowed, to use Poker in the local jurisdiction;
Your use and interest in Poker is personal, and not professional and that you are only using Poker for your own private entertainment and you acknowledge that any other entrance, access, use or reuse of Poker is strictly prohibited;
You are solely responsible for recording, reporting, paying and accounting to any relevant governmental or taxation authority for any tax or other levy that may be payable on your winnings from Poker;
You agree and acknowledge that you will not provide any information or make any statement to the Service Providers that is untrue, false, incorrect or misleading. Any and all information that you have provided to the Service Providers is true (and will continue to be true) in every respect throughout the term of this Agreement and you agree to duly notify the relevant Service Providers of any changes to such information immediately;
You will not use the Software to engage in any activity which you know, or reasonably ought to know, will (or may) be illegal in the Local Jurisdiction.
You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment and telecommunications networks and Internet access services and all other consents and permissions that you need to use in order to access Poker or use the Software.
You fully understand the methods, rules, and procedures of Poker and, where and when appropriate, will seek advice or help when using the Software or Poker. You acknowledge that there exists a risk of losing money when using Poker. All monies used by you in Poker are lawfully yours and are not obtained from an illegal source.
By accepting any winnings, you consent to the Service Provider’s use of your name for advertising and promotional purposes without additional compensation except where prohibited by law.
You accept and agree to abide by both the terms and conditions of this Agreement, as amended from time to time, the rules of Poker’s games and any rules and terms for any promotions or loyalty schemes in which you participate, each as set out on Poker's website from time to time. You may find information regarding the rules at www.littlewoodspoker.com/terms.html. Your participation in any promotions shall be deemed as a consent to the applicable rules and terms set out in connection with the respective promotion.
2.2 You agree to fully indemnify the Service Providers and hold the Service Providers harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages however caused that may arise as a result of your (a) use of Poker or (b) acceptance of any winnings or (c) any breach of this Agreement.
2.3 If you breach this Agreement or a Service Provider has any reasonable grounds for suspecting that you have breached the Agreement, in addition to any other remedies available to the Service Provider Littlewoods may withhold payment of your winnings on account of any damages or other amounts owed by you to the Service Providers.
3.1 Title, ownership and all intellectual property or other proprietary rights in Software belong to WagerLogic, including any images, photographs, animations, video, audio, music and text, (other than those items that have been licenced for use by Littlewoods) that may be part of Software. Software in source code form is the trade secret and confidential information of WagerLogic. All rights not expressly granted to you under this Agreement in respect of the Software are reserved to WagerLogic. The Software is protected by all applicable intellectual property laws and international treaty provisions
3.2 Title, ownership and all intellectual property or other proprietary rights in Poker are licensed to Littlewoods. You shall not acquire any rights, interest in or title to any such intellectual property rights in Poker.
3.3 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 or otherwise, you will immediately notify WagerLogic.
3.4 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:
3.5 You acknowledge and agree that the Software and any related documentation or other materials provided by the Service Providers are the confidential information of the Service Providers. You agree not to disclose such confidential information to outside parties without the consent of the Service Provider owning such confidential information. 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.
3.6 The Service Providers 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.
4.1 This Agreement is effective from the date you click on the "ACCEPT" button and it shall continue in effect until terminated in accordance with its terms.
4.2 The Service Providers (or any of them) may terminate this Agreement at any time, and for any reason whatsoever in their sole and absolute discretion with or without notice to you. In particular the Service Providers (or any of them) may immediately terminate this Agreement without notice if:
4.3 You may terminate this Agreement at any time by prior written notice to both Littlewoods and WagerLogic.
4.4 On termination of this Agreement you shall immediately:
4.5 On termination of this Agreement any balance in your account will be returned to you within a reasonable time of your request subject always to the Service Provider’s right to deduct any amounts owed by you to the Service Providers and any applicable transaction charges form such balance before remittance to you. If this Agreement is terminated as a result of your default then you will be liable to the Service Providers for any damages suffered by any of them.
5 POKER TERMS
5.1 Littlewoods reserves the right to refuse or limit any wager in its sole discretion.
5.2 If Littlewoods finds any evidence or has any suspicion that you have attempted or intend to undertake any of the foregoing or have otherwise tampered or will otherwise tamper with the Software or the operation of Poker in any way, in addition to any other remedies available to it, Littlewoods may withhold payment of your winnings.
5.3 As part of Poker, Littlewoods may provide other games and/or services from time to time.
5.4 Poker games, unless modified by Littlewoods, will be operated and played in accordance with the rules of the New Jersey Casino Control Commission as applicable.
5.5 Littlewoods may, in its absolute discretion, alter or amend or withdraw any game from Poker or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of Poker, or Poker games.
5.6 Littlewoods reserves the right to terminate your access to Poker at any time, for any reason.
6 ECASH TERMS
6.1 Littlewoods has an agreement with ECash Direct that allows ECash Direct to provide you with the ECash Services. As a condition of entering into this Agreement, you must install the ECash Software to open an electronic cash account with ECash Direct (the “ECash Account”). Subject to the terms, conditions and restrictions contained in this Agreement, and subject to the payment of any requisite fees to ECash for use of the ECash Account (the "Fees"), ECash Direct permits you to access and use the ECash Software and the ECash Services only in accordance with this Agreement and solely in connection with Poker.
6.2 You must not bet amounts greater than the balance in your ECash Account. Any winnings will be placed back into your ECash Account. By using Poker and placing bets, you authorize Littlewoods to deal with ECash Direct and to relay ECash Direct deposit and withdrawal instructions on your behalf.
6.3 Littlewoods reserves the right to instruct ECash Direct to refuse any application for an ECash Account or to close any existing ECash Account at any time for any reason. If Littlewoods elects to instruct ECash Direct to close your ECash Direct account, the balance subject to any amounts in dispute or review will be paid out to you.
6.4 Subject to the terms of this Agreement, you may use the ECash Services to transfer funds from you to your ECash Account or from your ECash Account to you, and from your ECash Account to Poker a ("Transfer Transaction").
6.5 You may execute a Transfer Transaction by any of the following means:
6.6 You may instruct ECash Direct to conduct a Transfer Transaction transferring funds from your ECash Account by first providing ECash Direct (in writing or via email or through any other electronic process provided for in the ECash Software from time to time) with such information as ECash Direct may require from time to time. Except as expressly provided otherwise in this Agreement once you have instructed ECash Direct to conduct a Transfer Transaction (an “Authorised Transfer Transaction”), it may not be terminated or reversed by you. ECash Direct reserves the right to reverse an Authorised Transfer Transaction if in our sole discretion it is necessary to do so. If you or ECash Direct assert that any Transfer Transaction was made in error or without valid authorization, ECash Direct may, in its absolute discretion, reverse or adjust such Transfer Transaction.
6.7 ECash Direct will have no liability whatsoever for any claims, damages or expenses which you or any third party may incur or suffer as a result of:
6.8 Notwithstanding the provisions of this Clause 6, ECash Direct may, in its sole and absolute discretion, refuse to process any Transfer Transaction for any reason whatsoever or modify the means by which users of the ECash Service may effect a Transfer Transaction.
6.9 ECash Direct will ensure that any unutilized cleared funds in your ECash Account are from time to time, subject to chargebacks and any applicable financial charges, moved to separate accounts and held to your order.
6.10 If you have multiple ECash Accounts they will be deemed to be a single ECash Account for the purposes of this Agreement. ECash Direct may in its sole and absolute discretion consolidate multiple ECash Accounts into a single ECash Account at any time.
6.11 Your ECash Account will be deemed to be inactive if you do not process a Transfer Transaction from your account in any continuous period of ninety (90) days. Once your ECash Account is deemed to be inactive, you agree to pay ECash Direct a monthly service fee of two pounds (or the current balance of your account, if less) so long as a balance remains after which the account will be closed. You authorize ECash Direct to debit this fee from your ECash Account on the first day of the month following the day on which your ECash Account is deemed inactive, and on the first day of every subsequent month that your ECash Account remains inactive, until your ECash Account becomes active again or the balance of your ECash Account is nil.
6.12 ECash Direct may impose any restrictions upon your use of the ECash Services that it deems necessary, in its sole and absolute discretion, at any time and without prior notice. Such restrictions may include, but are not limited to:
refusing to accept your ECash Account application for any reason whatsoever; and,
closing your ECash Account at any time and for any reason whatsoever, provided that ECash Direct shall refund the balance in your ECash Account except as otherwise provided in this Agreement.
6.13 ECash Direct may make final and binding determinations in respect of your ECash Account, including but not limited to:
6.14 In consideration for the rights and privileges permitted in this Agreement, you provide Littlewoods and ECash Direct with the following warranties, representations and covenants. You warrant, represent and covenant that:
You will treat all funds in your ECash Account with the same care and security precautions as you would cash money.
You will report any errors or unrecognized transactions ("Unrecognized Transactions") on your credit card statement and/or bank statement originating from a Transfer Transaction to ECash Direct within thirty (30) days of the transaction date on the statement. You will discontinue using the ECash Services immediately upon discovering any Unrecognized Transactions. If you fail, neglect or refuse to report Unrecognized Transactions to ECash Direct within the thirty (30) day period and/or continue to use the ECash Services, this will be conclusive evidence that the Unrecognized Transactions are accurate and that you have deemed to have approved them.
If you have paid the total amount owing on your credit card statement partially or in full and have failed to report Unrecognized Transactions to ECash Direct within the thirty (30) day period and/or continue to use the ECash Services, this will be conclusive evidence that the Unrecognized Transactions are accurate and that you have agreed with the information, save that ECash Direct may reverse any Unrecognized Transactions which are in your favour at any time, including after the thirty (30) day period has lapsed.
6.15 A Transfer Transaction to Poker from your ECash Account signifies your intention to pay in respect of any wagers made and/or any and all services purchased. If you later dispute an Authorised Transfer Transaction ("Disputed Transfer Transaction"), your dispute lies solely between you and Littlewoods, and not with ECash Direct. You will remit to your ECash Account the amount equal to the Disputed Transfer Transaction immediately, failing which, you shall remain liable to ECash Direct for the amount equal to the Disputed Transfer Transaction and ECash Direct reserves the right to claim against you for the same, in addition to interest and costs.
6.16 You acknowledge that:
Your ECash 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 other jurisdiction, including but not limited to the Local Jurisdiction.
The maximum amount of a Transfer Transaction out of an ECash Account may not exceed the amount of all previous Transfer Transactions into the ECash Account (including but not limited to credit card deposits minus any chargebacks) minus the amount of all previous Transfer Transactions out of the ECash Account (including but not limited to credit card refunds and credit card void transactions) minus all disputed amounts (including but not limited to credit card chargebacks) minus applicable service charges and/or fines.
7 USER INFORMATION & PRIVACY
7.1 You are solely responsible for the security and protection of your user name, password and personal identification number (collectively the "User Information"). You will take all necessary and reasonable steps to protect the User Information from disclosure. You 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 Poker, whether authorized or not.
7.2 You are solely responsible, liable and accountable for all use or access of Poker or the Software (including all bets and wagers made) through your User Information and you will be solely liable for any losses, damages, costs or expenses that occur due to the use by, or disclosure of the User Information to, others, whether authorized by you or not.
7.3 Littlewoods does not generally provide details of your Account to third parties, however, Littlewoods reserves the right to:
8 PERSONAL DATA
8.1 It is necessary for the Service Providers to collect personal information and data (“Personal Data”) from you in order to allow you to access and use Poker and Software. By using Poker and Software and communicating electronically with the Service Providers, you acknowledge and agree to the Service Providers processing your Personal Data in the ways set out in this Clause 8.
8.2 The Service Providers will primarily process Personal Data for the purposes of providing you with access to Poker and the Software. In addition, the Service Providers may make Personal Data available to other Service Provider 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 you should contact the Service Providers using the contact details set out in Clause 14.5.
8.3 The Service Providers may disclose Personal Data to other companies within the Service Providers 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 Poker and the Software. You have a right to access the Personal Data held about you. To obtain a copy of the Personal Data contact the Service Providers using the details set out in Clause 14.5.
8.4 In order to operate effectively, the Service Providers rely 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 Service Providers, their 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.
8.5 Littlewoods may search your own individual record at a credit reference agency. They 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. Littlewoods may use a credit scoring or other automated decision-making system when assessing your application. Littlewoods will also add to your record with the credit reference agency details of your agreement with the Service Providers, the payments you make under it and any default or failure to keep to its terms. It is important that you give the Service Providers accurate information. The Service Providers will check your details with fraud prevention agencies and if you give them false or inaccurate information and they suspect fraud, this will be recorded. These records will be shared with other organizations and used by the Service Providers and them to:
Fraud prevention agency records will also be shared with other organisations 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 Littlewoods obtains and with which Littlewoods records information about you, then please write to Littlewoods at the address below.
8.7 By downloading the casino software you agree to receive marketing communications from Littlewoods Gaming and their group of companies via electronic or direct mail channels. Should you wish to stop receiving communications at any time you can unsubscribe by sending an email to email@example.com with 'unsubscribe' in the subject line.
9 ERRORS & OMMISSIONS
9.1 If there is any discrepancy between the gaming results on your computer and the results on the game server for Poker, the results on the game server for Poker shall be final and binding. If there is any discrepancy between your on-screen display and the balance in your Account, the balance held on Littlewoods’ server is deemed to be the balance in your Account and this determination shall be final and binding. You will forfeit any amounts shown to be in your Account that result from human error or technical default.
9.2 If you are incorrectly awarded any winnings as a result of (a) any human error on the part of the Service Providers or (b) any bug, defect or error in the Software or (c) the failure of Poker or the Software to operate in accordance with the rules of any of Poker’s games then the Service Provider’s 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 Littlewoods as a result of such error or mistake.
9.3 The Service Providers and their respective 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.
10 CHANGES TO THIS AGREEMENT
10.1 The Service Providers may modify, restate or amend the terms and conditions of this Agreement, the rules of Poker, the rules and terms applicable to promotions or loyalty schemes from time to time by posting a copy of the change, modification, restatement or amendment:
in the "user message" that pops up on your screen from time to time when you log on to use Poker;
on the "read me text" notice which pops up on your screen when you download and install the Software; or
on Poker's web site at http://www.littlewoodspoker.com/terms.html.
10.2 A copy of this Agreement, as updated from time to time, is available for your review at any time on Poker's web site at http://www.littlewoodscasino.com/terms.html
10.3 If you use or continue to use Poker or the Software after the posting of the change to this Agreement or the rules of Poker the terms for promotions or loyalty scheme, you will be deemed to have accepted the change whether or not you have chosen to read the user message, "read me text" and/or web site notices.
11 NO WARRANTIES & LIMITED LIABILITY
11.1 POKER 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 SERVICE PROVIDERS DO NOT WARRANT THAT THE OPERATION OF POKER OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR 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 POKER AND THE SOFTWARE LIES WITH YOU. IN ADDITION, ANY SECURITY MECHANISMS IMPLEMENTED BY POKER OR IN THE SOFTWARE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THEY MEET YOUR REQUIREMENTS.
11.2 LITTLEWOODS' MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF POKER, WHETHER FOR BREACH OF CONTRACT OR IN TORT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS POKER. WAGERLOGIC’S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SOFTWARE WHETHER FOR BREACH OF CONTRACT OR IN TORT OR OTHERWISE, AND YOUR SOLE REMEDY, SHALL NOT EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID TO WAGERLOGIC FOR YOUR USE OF THE SOFTWARE. WAGERLOGIC’S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF POKER OR THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT OR IN TORT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO USE POKER OR THE SOFTWARE. NOTHING IN THIS AGREEMENT SHALL LIMIT THE SERVICE PROVIDERS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THEIR NEGLIGENCE.
11.3 IN NO EVENT WILL THE SERVICE PROVIDERS, THEIR LICENSEES, DISTRIBUTORS, PARENTS, SUBSIDIARIES, AFFILIATES AND ALL OF THEIR OFFICERS, DIRECTORS AND EMPLOYEES, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING POKER OR THE SOFTWARE, BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF POKER OR THE SOFTWARE. THIS DISCLAIMER AND LIMITATION APPLIES REGARDLESS OF THE CAUSE OR NATURE OF THE LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS, INTERRUPTIONS, LOSS OF DATA, INACCURATE RESULTS, OR DELAYS, HOWEVER ARISING AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE SERVICE PROVIDERS RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT THE NOMINAL FEE, IF ANY, REFLECTS THIS ALLOCATION OF RISK.
11.4 ANY ALLOWABLE CLAIM, IF ANY, WHICH YOU MAY BRING AGAINST THE SERVICE PROVIDERS 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.
11.5 IF YOU ARE USING ANY THIRD PARTY EQUIPMENT, SOFTWARE OR SERVICES (COLLECTIVELY, THE "THIRD PARTY GOODS/SERVICES") IN CONNECTION WITH YOUR USE OF POKER OR THE SOFTWARE, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH THIRD PARTY GOODS/SERVICES RESTS WITH YOU. SHOULD SUCH THIRD PARTY GOODS/SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS.
You shall defend, indemnify, and hold the Service Providers, their parents, subsidiaries, partners (including anyone else involved in creating, producing or delivering Poker or the 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 Poker or the Software, any breach of this Agreement by you, your acts or omissions, the enforcement or protection or clarification of the Service Providers’ rights under this Agreement, the processing, reversal or adjustment by Littlewoods of any Transfer Transaction or Authorised Transfer Transaction or Unrecognized Transaction and for any failure by Littlewoods and/or delays (however caused) incurred in the processing, reversal or adjustment by Littlewoods of any Transfer Transaction or Authorised Transfer Transaction or Unrecognized Transaction.
Littlewoods shall use reasonable commercial efforts to ensure that:
Not withstanding the foregoing, the Service Providers shall not be liable for any damages and losses that you or any third party may incur as a result of the Service Provider’s failure to provide the Poker or the Software.
14 GENERAL MATTERS
14.1 The relationship between you and the Service Providers 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 Littlewoods or WagerLogic.
14.2 If you are importing the Software (or any part of it) from another jurisdiction, you agree to indemnify, defend and hold the Service Providers harmless from and against any import and/or export duties and/or other costs and expenses arising from such importation.
14.3 The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and/or any local implementing legislation, the application of which is expressly excluded.
14.4 You permit the Service Providers to audit your compliance with this Agreement, as the Service Providers deem necessary in their sole discretion at any time for any reason.
14.5 You will send all communications required in connection with any matter relating to this Agreement and/or any services provided hereunder by the Service Providers 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 applicable Service Provider upon actual receipt thereof.
|LWL Management N.V.
New Haven Office Center
Emancipatie Boulevard 31
P O Box 6052
Level 7 Westec House
Level 7 Westec House
0800 389 27 65
+800 7777 4357
011 800 7777 4357
|+44 20 8566 7776||+44 20 8566 7776|
14.6 The terms and conditions of this Agreement that by their sense and context are intended to survive after performance hereunder shall survive the termination or expiration of this Agreement.
14.7 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.
14.8 This Agreement constitutes the entire agreement between you and the Service Providers, and supersedes any prior understandings, agreements or commitments, whether written or oral between you and those parties.
14.9 If the Service Providers need to contact you or give you formal notice under this Agreement they will make such contact or give notice by any reasonable means in the circumstances based on the information that they hold about you or that you have provided them with. Such contact or notice may be by email, letter, fax, other electronic communication or otherwise. If the Service Provider 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 Service Provider sends it. You agree that you will notify the Service Providers if your contact details change.
14.10 The Service Providers shall not be liable to you for any failure to comply with their obligations under this Agreement to the extent that such failure is beyond their reasonable control.
14.11 You may not assign this Agreement to any third party without the Service Providers 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 service Providers may assign, transfer or novate any or all of their rights and obligations under this Agreement to any third party.
14.12 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.
15 LAW & JURISDICTION
15.1 This Agreement shall be governed by the laws of England and Wales as are in force from time to time including, without limitation, the Electronic Communications Act, 2000 (C.7). By accepting this Agreement, you agree to submit to the exclusive jurisdiction of the location that the relevant Service Provider determines in its sole discretion in respect of any disputes arising out of, or connected with, this Agreement. Nothing in this paragraph shall prevent the Service Providers from applying to the courts of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.