End User Licence Agreement
This End User Licence Agreement (the “Agreement”) is effective as of April 19th 2019. All previous Terms are no longer in force.
This Agreement should be read by you (the "User" or "you") in its entirety prior to your use of this product. Please note that the Agreement constitutes a legally binding agreement between you and the Peerplays Blockchain Standards Association (the “PBSA,” “us,” or “we”). This Agreement provides you with a licence to use software available at the URL www.bookiepro.com (the "Software" or “BookiePro”). By accepting this Agreement or by installing BookiePro or other software offered by or on behalf of PBSA, or by clicking “Install,” or by clicking the "I Agree" button if and where provided and/or installing the Software, you consent to the terms set forth in this Agreement.
A) GRANT OF LICENSE
- Subject to the terms contained herein, PBSA grants the User a non-exclusive, personal, non-transferable right to (i) temporarily download one copy of the Software; (ii) use the Software on your personal computer or other device that accesses the Internet in order to access the games available and described on the www.bookiepro.com website.
- The Software is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals accessing the Software from jurisdictions from which it is illegal to do so. PBSA is not able to verify the legality of the Software in each jurisdiction and it is the User’s responsibility to ensure that his or her use of the Software is lawful.
- Unless otherwise indicated, PBSA and its licensors are the sole holders of all rights in and to the Software and code, structure and organization, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws: (a) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software; or (b) use the Software in a manner prohibited by applicable laws or regulations (each of the above is an "Unauthorized Use"). PBSA reserves any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software. You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify PBSA immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide PBSA with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
- You agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of PBSA.
B) NO WARRANTIES.
- PBSA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SOFTWARE WHICH IS PROVIDED TO YOU "AS IS" AND WE PROVIDE YOU WITH NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING ITS QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY.
- REGARDLESS OF PBSA’S EFFORTS, PBSA MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
C) YOUR REPRESENTATIONS AND WARRANTIES
Prior to your use of the Software and on an ongoing basis you represent, warrant, covenant and agree that:
- there is a risk of losing cryptocurrency when using the Software and that PBSA has no responsibility to you for any such loss;
- your use of the Software is at your sole option, discretion and risk;
- you are solely responsible for ensuring that you remember and protect your passwords and that PBSA shall have no liability whatsoever for any losses suffered by you related to the loss or improper protection of your passwords;
- you are solely responsible for any applicable taxes which may be payable on cryptocurrency awarded to you through your using the Software;
- the telecommunications networks and Internet access required for you to access and use the Software are entirely beyond the control of PBSA and PBSA shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and
- you are (a) aged 18 or over, (b) you are of the age of majority in your jurisdiction, (c) you are accessing the Software from a jurisdiction in which it is legal to do so, and (d) you are not currently self-excluded from any gambling site or gambling premises.
We do not collect, nor do we store, any personal information.
E) PROHIBITED USES
- PERSONAL USE. The Software is intended solely for the User’s personal use. The User is only allowed to wager for his/her personal entertainment and may not create multiple accounts, including for the purpose of collusion and/or abuse of Software.
- JURISDICTIONS. Persons located in or residents of jurisdictions in which it is not legal to make use of the Software (the “Prohibited Jurisdictions”) are not permitted to make use of the Software. For the avoidance of doubt, the foregoing restrictions on engaging in play from Prohibited Jurisdictions applies equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction is a breach of this Agreement. It is your responsibility to determine whether you are located in a Prohibited Jurisdiction.
- Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, PBSA reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User and/or taking legal action against such User.
- You agree to fully indemnify, defend and hold harmless PBSA and its shareholders, directors, agents and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: (i) your breach of this Agreement, in whole or in part; (ii) violation by you of any law or any third party rights; and (iii) use by you of the Software.
G) LIMITATION OF LIABILITY.
- Under no circumstances, including negligence, shall PBSA be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Software even if PBSA had prior knowledge of the possibility of such damages.
- Nothing in this Agreement shall exclude or limit PBSA’s liability for death or personal injury resulting from its negligence.
Users agree that PBSA does not accept responsibility or liability for any disputes that may arise between the User and any other party as a result of using the Software, including any deposit or withdrawal of funds by the User, or any betting activity that the User may engage in when using the Software.
PBSA reserves the right to update or modify this Agreement or any part thereof at any time or otherwise change the Software without notice and you will be bound by such amended Agreement upon posting. Therefore, we encourage you check the terms contained in the version of the Agreement in force at such time. Your continued use of the Software shall be deemed to attest to your agreement to any amendments to the Agreement.
J) GOVERNING LAW
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Canada. You irrevocably agree that, subject as provided below, the courts of Canada shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of PBSA to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
PBSA reserves the right to assign this Agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
M) GOVERNING LAW
- No waiver by PBSA of any breach of any provision of this Agreement (including the failure of PBSA to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
- Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement.
- Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and PBSA.
- PBSA may assign, transfer, charge, sub-license, or deal in any other manner with this Agreement, or sub-contract any of its rights and obligations under this Agreement, to any other party.
- This Agreement constitutes the entire understanding and agreement between you and PBSA regarding the Software and supersedes any prior agreement, understanding, or arrangement between you and PBSA.