End-User
License Agreement ("Agreement")
Please read this End-User License Agreement carefully before clicking
the "I Agree" button, downloading or using dominos.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings
defined under the following conditions. The following definitions shall have
the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this End-User License Agreement:
Acknowledgment
By clicking the "I Agree" button, downloading or using the
Application, You are agreeing to be bound by the terms and conditions of this
Agreement. If You do not agree to the terms of this Agreement, do not click on
the "I Agree" button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made
available to You by the Company.
The Application is licensed, not sold, to You by the Company for use
strictly in accordance with the terms of this Agreement.
License
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable,
limited license to download, install and use the Application strictly in
accordance with the terms of this Agreement.
The license that is granted to You by the Company is solely for your
personal, non-commercial purposes strictly in accordance with the terms of this
Agreement.
Third-Party Services
The Application may display, include or make available third-party
content (including data, information, applications and other products services)
or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for
any Third-party Services, including their accuracy, completeness, timeliness,
validity, copyright compliance, legality, decency, quality or any other aspect
thereof. The Company does not assume and shall not have any liability or
responsibility to You or any other person or entity for any Third-party
Services.
You must comply with applicable Third parties' Terms of agreement when
using the Application. Third-party Services and links thereto are provided
solely as a convenience to You and You access and use them entirely at your own
risk and subject to such third parties' Terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by You or the
Company. The Company may, in its sole discretion, at any time and for any or no
reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the
Company, in the event that you fail to comply with any provision of this
Agreement. You may also terminate this Agreement by deleting the Application
and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the
Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights
or remedies at law or in equity in case of breach by You (during the term of
this Agreement) of any of your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold the Company and its parents,
subsidiaries, affiliates, officers, employees, agents, partners and licensors
(if any) harmless from any claim or demand, including reasonable attorneys'
fees, due to or arising out of your: (a) use of the Application; (b) violation
of this Agreement or any law or regulation; or (c) violation of any right of a
third party.
No Warranties
The Application is provided to You "AS IS" and "AS
AVAILABLE" and with all faults and defects without warranty of any kind.
To the maximum extent permitted under applicable law, the Company, on its own
behalf and on behalf of its affiliates and its and their respective licensors
and service providers, expressly disclaims all warranties, whether express,
implied, statutory or otherwise, with respect to the Application, including all
implied warranties of merchantability, fitness for a particular purpose, title
and non-infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Application will meet your requirements,
achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or
defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the
company's provider makes any representation or warranty of any kind, express or
implied: (i) as to the operation or availability of
the Application, or the information, content, and materials or products
included thereon; (ii) that the Application will be uninterrupted or
error-free; (iii) as to the accuracy, reliability, or currency of any information
or content provided through the Application; or (iv) that the Application, its
servers, the content, or e-mails sent from or on behalf of the Company are free
of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful
components.
Some jurisdictions do not allow the exclusion of certain types of
warranties or limitations on applicable statutory rights of a consumer, so some
or all of the above exclusions and limitations may not
apply to You. But in such a case the exclusions and limitations set forth in
this section shall be applied to the greatest extent enforceable under
applicable law. To the extent any warranty exists under law that cannot be
disclaimed, the Company shall be solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability
of the Company and any of its suppliers under any provision of this Agreement
and your exclusive remedy for all of the foregoing shall be limited to the
amount actually paid by You for the Application or through the Application or
100 USD if You haven't purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Application, third-party software and/or
third-party hardware used with the Application, or otherwise in connection with
any provision of this Agreement), even if the Company or any supplier has been
advised of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may
not apply to You.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or
invalid, such provision will be changed and interpreted to accomplish the
objectives of such provision to the greatest extent possible under applicable
law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Agreement shall not affect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall the waiver of a breach constitute a waiver of any
subsequent breach.
Product Claims
The Company does not make any warranties concerning the Application.
United States Legal Compliance
You represent and warrant that (i) You are not
located in a country that is subject to the United States government embargo,
or that has been designated by the United States government as a
"terrorist supporting" country, and (ii) You are not listed on any
United States government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or
replace this Agreement at any time. If a revision is material we will provide
at least 30 days' notice prior to any new terms taking effect. What constitutes
a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions
become effective, You agree to be bound by the revised
terms. If You do not agree to the new terms, You are
no longer authorized to use the Application.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall
govern this Agreement and your use of the Application. Your use of the
Application may also be subject to other local, state, national, or
international laws.
Entire Agreement
The Agreement constitutes the entire agreement between You and the
Company regarding your use of the Application and supersedes all prior and
contemporaneous written or oral agreements between You and the Company.
Governing Law and Forum Selection
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes
arising out of or related to this Agreement, the App, or your use of the App shall be subject to the exclusive
jurisdiction of the state courts located in Miami-Dade County, Florida.
You agree to waive any objection to the jurisdiction or venue of such courts, including any claim that such proceedings
have been brought in an inconvenient forum.
You may be subject to additional terms and conditions that apply when
You use or purchase other Company's services, which the Company will provide to
You at the time of such use or purchase.
Contact Us
If you have any questions about this Agreement, You
can contact Us: