ALL SLOTS MOBILE CASINO
GENERAL TERMS AND CONDITIONS
Updated at 1 p.m. GMT on January 31, 2013
THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS” AND/OR “AGREEMENT”) GOVERN THE USE OF THE ALL SLOTS MOBILE CASINO WEB SITE, WAP SITE, SOFTWARE AND WIRELESS CASINO (COLLECTIVELY, THE “CASINO”). BY USING THE CASINO, YOU AGREE TO THE FOLLOWING PROVISIONS. IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THE PROVISIONS HEREIN BEFORE USING THE CASINO.
YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT OPEN, USE OR REUSE AN ACCOUNT AT THE CASINO, NOR PARTICIPATE AT THE CASINO IN ANY MANNER, NOR ACCEPT ANY PRIZE OR WINNINGS FROM THE CASINO IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL OF THE TERMS AND CONDITONS SPECIFIED BELOW.
IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS AND CONDITIONS BELOW, DO NOT CHECK THE “I AGREE” BOX BELOW, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE CASINO IN ANY MANNER.
FOR PURPOSES OF THESE TERMS AND CONDITIONS, “WE/US/OUR/COMPANY” REFERS T0 Digimedia Ltd, LTD., AND ITS PARENT, AFFILATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND REPRESENTATIVES (COLLECTIVELY, “Digimedia Ltd”), AND “YOU” REFERS TO THE INTENDED PLAYER OF THE CASINO WHO INDICATES HIS/HER ACCEPTANCE/REJECTION OF THESE TERMS AND CONDITIONS BELOW.
COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS INTELLECTUAL PROPERTY LAWS AND TREATIES PROTECT THE CASINO.
1.1 We expressly reserve the right to modify, amend, supplement or modify these Terms and Conditions at any time without notice. The amended Terms and Conditions will be posted and made available here
1.2 If you do not agree to be bound by (or cannot comply with) these Terms and Conditions, as amended, your only remedy is to discontinue your use of the Casino. You will be deemed to have accepted the Terms and Conditions, as amended, if you continue to use the Casino after such amendment is effective.
2.1 USE OF THE CASINO IS AT YOUR SOLE OPTION, DISCRETION AND RISK. You acknowledge that playing in this Casino or any other exposes you to certain basic risks, including the possibility of losing money.
2.2 GAMBLING ON THE CASINO MAY NOT BE LEGAL IN SOME JURISDICTIONS UNDER CERTAIN CONDITIONS, AND IN SOME JURISDICTIONS MAY NOT BE LEGAL UNDER ANY CONDITIONS. PLEASE VERIFY THE LAWS IN YOUR JURISDICTION BEFORE REGISTERING. You are solely responsible for ascertaining whether it is legal in your jurisdiction to play any of the games in the Casino. By placing real money wagers, you are representing and warranting that it legally permissible to do so within your jurisdiction. We do not warrant the legality of your participation in the Casino in terms of the laws of your jurisdiction. We do not intend to enable you to contravene applicable law, and we are not responsible for any illegal or unauthorized use of the Casino by you. PLEASE CONSULT LEGAL COUNSEL IN THE APPLICABLE JURISDICTION IF YOU HAVE ANY DOUBTS ABOUT THE LEGALITY OF YOUR USE OF THE CASINO UNDER THE LAWS OF THE JURISDICTION THAT APPLY TO YOU.
2.3 Participation in the Casino and/or the downloading of any software connected thereto on any device or computer is strictly limited to persons 18 years of age and older, or the age of majority in your jurisdiction, whichever is greater. We reserve the right at any time to request that you furnish us with proof of your identity and age as a condition precedent to allow you further participation in the Casino. We may cancel a user's account and exclude a user from using the Casino if proof of age is not provided, or if we suspect that a user using the Casino is underage.
2.4 Any and all play by an ineligible person, as determined accordance with the provisions hereunder and/or by us, shall be voided, including any winnings accruing to any ineligible person.
2.5 No officer, director, employee, consultant or agent of the Company or any of its group companies, suppliers or vendors is permitted to use the Casino directly or indirectly, for personal use and enjoyment. This restriction also applies to relatives of such persons and for this purpose a “relative” includes, without limitation, any spouse, partner, parent, child or sibling.
2.6 All Slots Mobile Casino does not accept players residing in the United States, France, Italy, Denmark or Spain.
III. LEGALITIES & RULES OF PLAY
3.1 The Casinos operate in Kahnawake, Canada and are licensed under the terms of the Kahnawake Gaming Commission and the Lotteries and Gaming Authority in Malta. Financial transactions which occur in the Casinos are processed by Moullin Ltd Limited.
3.2 In addition to these Terms and Conditions, certain Rules of Play shall apply to you and be binding upon you with respect to your participation at the Casino. You hereby agree to be bound by such additional Rules of Play, as if they were specifically incorporated into these Terms and Conditions.
IV. PLAYER WARRANTIES
4.1 You represent and warrant that:
4.1.1 it is your sole responsibility, prior to using the Casino, to understand the applicable laws of your jurisdiction with respect to a player's permitted use of online gaming facilities within your jurisdiction;
4.1.2 it is entirely legal for you to make use of online gaming facilities in your jurisdiction, and specifically the Casino, and there are no legal or other restrictions that would prevent or prohibit your participation in the Casino;
4.1.3 you are an "adult", having attained the minimum age of 18 and/or the age of majority within your jurisdiction;
4.1.4 you have furnished us with personal details that are valid, accurate, current and complete in each and every respect, and that you agree to promptly advise us of any changes to your personal details via email;
4.1.5 you are the true and lawful owner of the monies with which you deposit and wager at the Casinos. If using a credit or debit card, the name on the card MUST match the name you have used to register with the Casino, or your account may be suspended. In the event that your account is suspended, contact the Casino’s Customer Support for further instructions. Withdrawals made by bank wire or cheque will only be paid to the name registered with the Casino. If a debit or credit card has been used to deposit funds the name of the payee must correspond to the name registered on the card;
4.1.6 you will not deposit or wager any monies at the Casino that are derived in any manner from illegal activities, including those which are described in Section VIII below;
4.1.7 You will pay all monies owed to the Casino. In furtherance thereof, you will not chargeback, counter-demand, reverse or deny any such payments;
4.1.8 You are fully aware that there is a risk of losing money when gambling by means of the Casino and that you are fully responsible for any such loss. You agree that your use of the Casino is at your sole option, discretion and risk;
4.1.10 You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax of other levy that may be payable on any winnings;
4.1.11 You are solely responsible for any telecommunications devices, networks, GPRS, Internet access services and other consents and permissions required in connection with your use of the Casino; Data charges may apply during the download process and game play. Please contact your mobile operator for more information; and
4.1.12 You do not find the Casino or our promotions and other materials to be in any way offensive, indecent, objectionable or obscene.
V. REGISTRATION, USER ID & PASSWORDS
5.1 Prior to downloading and installing the Casino software to your mobile device, you are required to register an account. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will then choose a user ID and password. Upon registration, you shall be designated a casino account number and asked to choose confidential PIN.
5.2 You are responsible for maintaining the confidentiality of your casino account number and PIN. Further, you are responsible for any and all activities that occur under your account, whether or not actually or expressly authorized by you. You could be held liable for losses incurred by us or another party due to someone else using your casino account number or password. Any distribution by you of your casino account number and PIN may result in the termination of your account as well as your right to use the Casino, without refund of any monies deposited therein (in addition to any other charges incurred by us based upon the unauthorized use). We will not be liable for any loss or damage arising from your failure to comply with these provisions.
5.3 You agree to immediately notify us of any unauthorized use of your casino account number and PIN or any other breach of security.
5.5 At all times, you may only have one account, for which you will register using your own, correct name. You may not access the Casino by means of another person's account. Should you attempt to open more than one account, under your own name or under any other name, or attempt to access the Casino by means of another person's account, we reserve the right to immediately close all your accounts and bar you from future use of the Casino.
5.6 We take no responsibility for any third party access to your account and under no circumstances shall we be liable for any losses incurred by you as a result of misuse of your password by any person or for any unauthorized access to your account and all transactions where your user name and password has been entered correctly will be regarded as valid, whether or not authorized by you.
VI. EXCLUSION, SUSPENSION AND TERMINATION
6.1 We may refuse to register you as a player at the Casino or elect to de-register, exclude or suspend you as a player from the Casino at any time and for any reason.
6.2 You acknowledge that we have no obligation whatsoever to provide you with prior notice of our decision to refuse, de-register, exclude or suspend you as a player, nor are we required to furnish you with any reasons for such decisions.
6.3 If we de-register, exclude or suspend you from the Casino, we shall have the unlimited right to:
6.3.1 withhold payment to you of any contested funds, whether such funds are deposits, refunds, bonuses, free monies, Casino credits, payouts or the like;
6.3.2 exclude you from any other casinos that are affiliated with All Slots and/or the Jackpot Factory group of casinos;
6.3.3 establish the specific criteria with which you must comply in order to be allowed access to the Casino (and your account, if applicable); and
6.3.4 furnish information about you to law enforcement agencies (if the reason for such termination, de-registration, exclusion or suspension was fraud or some other form of illegal misconduct), collection agencies and/or intra-group casino databases. You hereby irrevocably authorize us to do so in our absolute discretion.
6.4 In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment), we reserve the right to block a user's account, reverse any pay-out made and recover any winnings. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. However, under no circumstances shall we liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.
VII. DORMANT ACCOUNTS
7.1 An account that has been inactive for a period of 12 consecutive months shall be deemed to be a dormant account and will be subject to a €5, or the currency equivalent, monthly maintenance fee.
7.2 If your account should become dormant, we will notify you via email (the “Notification Email”) of any “real” balance that might be remaining in the account (e.g., real funds do not include promotional or bonus funds).
7.3 You will have thirty (30) days from the date of the Notification Email to claim any remaining balance. If you fail to do so, your account will be closed and the remaining balance will be forfeited to the Casino.
7.4 If you discover, however, that your account has been closed and balance forfeited in accordance with the provisions of this Section VII, you may lay a claim to such monies upon written application to the Casino. The Casino, in its sole discretion, shall decide whether or not you are entitled to the funds (or any portion thereof) stated in your written application. The Casino’s decision shall be final and binding.
7.5 You acknowledge that monies held on your account will not bear interest.
7.6 Bonus credits not played within 30 days of being awarded will be deemed to have expired and will be removed.7.7 Unredeemed player loyalty points will expire when the account is inactive for 90 days
VIII. MONEY LAUNDERING & OTHER PROHIBITED USES
8.1 It is the law in certain jurisdictions which have strict money laundering rules and regulations that we are required to report you to the federal or local authorities within such jurisdictions if we know, suspect or have reason to suspect that any of your transactions, among other actions, (i) involve funds derived from illegal activities, (ii) are intended to conceal funds from illegal activities, or (iii) involve the use of the Casino to facilitate criminal activity.
8.2 In order to assist in the prevention of money laundering, no cash shall be accepted to fund any account at the Casino and no substantial or exceptional withdrawals, whether individually or cumulatively, shall be made unless notarized copies of at least two (2) of the following are received:
8.2.1 a most recent bank statement from the bank where your wagers/deposits originated;
8.2.2 a driver's license; or
8.2.3 a current and valid passport.
8.3 With the exception of Progressive Jackpot wins, the maximum total value a player may withdraw per week, between 12:01 a.m. GMT on one Tuesday and 11:59 p.m. GMT on the following Tuesday, is 4,000 credits. For customers playing in Swedish Krona or Norwegian Krone, the maximum withdrawal value per week is 20,000 credits. The remaining amount will be returned to the player’s account until such time that the player is eligible for a further withdrawal. This clause will be applied at the sole discretion of the casino.8.4 Withdrawals at the casino are processed Monday through Friday, following a 48-hour pending state. Any deposits made while a withdrawal is pending will be subject to a 5% processing fee. If the deposit value is more than 200% of the pending withdrawal, no fee will apply. 8.5 Funds, loyalty points, and/or casino credits may only be transferred between casino accounts registered to the same player. Transfers to third parties are not permitted under any circumstances.
8.6 Any large or unusual requests to transfer funds, loyalty points, and/or casino credits between the accounts of a single player are subject to the review and approval of casino management.
8.7 We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Casino. You shall not break into, access or attempt to break into or access or otherwise circumvent our security measures. If, in our sole discretion, you are in breach of this Section 8.3, we reserve the right to terminate your access to the Casino immediately and/or have your account blocked, and we may inform interested third parties of your breach.
8.8 You are not allowed to use any software program which, in our opinion, is endowed with artificial intelligence ("AI Software") in connection with your use of the Casino. We constantly review the use of the Casino in order to detect the use of AI Software and in the event that we deem it has been used we reserve the right to take any action we see fit, including immediately blocking access to the Casino to the offending user, terminating such user's account and seizing all monies held in such account.
IX. INTELLECTUAL PROPERTY
9.1 In accordance with the provisions of these Terms and Conditions, we hereby grant to you a revocable, non-exclusive, non-transferable limited right and license to use the Casino, as well as the underlying software thereto, all of which constitutes our sole and exclusive intellectual property or that of our licensors.
9.2 You acknowledge and agree that all patents, copyrights, trademarks and other intellectual property rights in and to all of the materials and features supplied as parts of the Casino shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.
9.3 Under no circumstances may you copy the materials contained within the Casino to any computer, network server or location for reproduction or distribution. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software underlying the Casino under any conditions. In addition, you may not transmit, publish, display, distribute, commercially exploit, tamper with, modify or create derivative works based on the Casino. The restrictions contained herein apply equally to any and all updates, patches or subsequent versions of the Casino that may be provided to you.
9.4 The terms "All Slots Mobile Casino", "All Slots", "Jackpot Factory" and any other trademarks, service marks and/or trade names (collectively, the “Marks”) are the trademarks, service marks and/or trade names of the Company or one of its group companies or its licensors and these entities reserve all rights to such Marks. In addition, other content on the Casino site(s), including, without limitation, the software, images, pictures, graphics, text, photographs, animations, videos, music and audio (collectively, the “Site Content”) belongs to us or one of our group companies or one of our licensors and is protected by applicable copyright and/or other intellectual property rights. You hereby acknowledge that by using the Casino, you obtain no rights in the Marks or the Site Content, and must not use them in any manner without our prior written approval.
9.5 You agree that you will not use the Casino in any manner that: (i) violates or misappropriates or could result in a violation or misappropriation of our intellectual property rights, (ii) is abusive or harassing to us or any other user/player, (iii) compromises or could comprise the stability, integrity or availability of the Casino or the network upon which it resides; (iv) circumvents or could circumvent any security measures or any payment methods employed on the Casino; or (v) interferes with any other party’s use and enjoyment of the Casino.
X. PROMOTIONS AND PUBLICITY
10.1 If, while playing at the Casino, you win a sum of money or any other prize regarded by us, in our sole discretion, as worthy of publicity, you grant to us the right to use your first name in any press releases and/or promotional materials, and agree to make yourself reasonably available for any event(s) arranged by the Casino, at the Casino's cost and expense.
10.2 It is understood that we shall, from time to time, run certain promotions and competitions through the Casino. These promotions and competitions will likely have separate terms, conditions and rules that are specific to them. These Terms and Conditions shall also apply to any such promotion or competition. In the event of a conflict between these Terms and Conditions and the specific provisions of the promotion or competition, the promotion / competition specific provisions shall govern but only to the extent of the conflict and in no other manner.
10.3 In the event that we believe a user is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a gaming policy adopted by us, then we may, at our sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user's access to the Casino and/or block that user's account.
11.1 ALL SERVICES, FEATURES AND APPLICATIONS THAT ARE MADE AVAILABLE TO YOU, INCLUDING THE CASINO, ARE PROVIDED "AS IS." DIGIMEDIA Ltd, AND ITS PARENT, AFFILIATES, AGENTS, REPRESENTATIVES, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES MAKE NO WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, COMPLETENESS, OR FITNESS FOR A PARTICULAR USE OR PURPOSE AS TO THE CASINO, OR AS TO ANY OTHER MATTER, ALL SUCH WARRANTIES HEREBY BEING EXPRESSLY EXCLUDED AND DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE CASINO.
11.2 Neither Digimedia Ltd, nor its parent or any of its affiliates, agents, network service providers, partners, representatives or employees warrant that the Casino will be free from any virus or other code that is contaminating or destructive by nature and you are responsible for implementing and maintaining sufficient procedures to satisfy your particular requirements for accuracy of data input and output as well as protection from such viruses or other code that may contaminate or destroy your mobile phone, system or data.
11.3 Neither Digimedia Ltd, nor its parent, affiliates, agents, network service providers, partners, representatives or employees warrant that the Casino is error free or will operate without packet loss or interruption, nor does Digimedia Ltd warrant any connection to or any transmission over the internet.
XII. LIMITATION OF LIABILITY
12.1 IN NO EVENT SHALL Digimedia Ltd, ITS PARENT, AFFILIATES, AGENTS, REPRESENTATIVES, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE CASINO, INCLUDING WITHOUT LIMITATION ANY ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR TO THE USE OF THE CASINO (EVEN IF Digimedia Ltd HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO ANY THIRD PARTIES WITH WHOM Digimedia Ltd ENTERS INTO A BINDING AGREEMENT TO MARKET, DISPLAY AND/OR DISTRIBUTE THE CASINO (OR ANY DERIVATION THEREOF) AND SUCH THIRD PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY OF THE DAMAGES SET FORTH ABOVE.
12.2 THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Digimedia Ltd'S ENTIRE LIABLITY FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (EXCEPT TO THE EXTENT PROHIBITED BY LAW), SHALL NOT EXCEED THE GREATER OF ONE HUNDRED (US$100.00) US DOLLARS.
12.3 UNDER NO CIRCUMSTANCES SHALL Digimedia Ltd, ITS PARENT, AFFILIATES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, REPRESENTATIVES OR EMPLOYEES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE CASINO RESULTING DIRECLTY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATIONS EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, LABOR DISPUTES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, EXPLOSIONS, TERRORIST ATTACKS, WAR OR OTHER ACTS OF GOD.
13.1 You agree to indemnify, defend and hold us harmless from and against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive) arising from your use and participation of the Casino. The nature of your participation may include, without limitation, inter alia:
13.1.1 visiting, using or reusing the Casino;
13.1.2 using or reusing any materials obtained from the Casino;
13.1.3 entering, using or reusing the Casino or proxy server;
13.1.4 facilitating or making deposits into your account at the Casino;
13.1.5 wagering or gaming at the Casino (including participating in the non-gambling games available at the Casino or web site);
13.1.6 accepting and using any winnings or prize from the Casino; or
13.1.7 using or reusing the Casino software, whether downloaded from the website or by any other means or through any other medium.
XIV. TERM & TERMINATION
14.1 This Agreement shall come into force immediately upon your marking the "I Accept the Terms and Conditions" box as part of the registration process and shall continue in force unless and until terminated in accordance with the terms and conditions herein.
14.2 We may terminate this Agreement and your account (including your username and password) immediately without notice:
14.2.1 if for any reason we decide to discontinue the Casino;
14.2.2 if we believe that you have breached any of the terms of this Agreement;
14.2.3 if your use of the Casino has been in any way improper or breaches the spirit of this Agreement; or
14.2.4 for any other reason we see fit. Except as otherwise provided in this Section 14.2, 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 our right to deduct any amounts owed by you to us.
14.3 You may terminate this Agreement and your account (including your username and password) at any time by sending an email to us at email@example.com, such termination to take effect upon us terminating your account (including username and password), which shall occur within 7 calendar days after receipt of your email on our servers. During such interim period, you shall remain responsible for any activity on your account between sending us an email and the termination of your account by us.
14.4 On termination of this Agreement you shall be required to discontinue your use of the Casino, pay all amounts due and owing to us, and remove the Casino software from your device and/or computer equipment and destroy all related documentation in your possession, custody, power or control.
14.5 The right to terminate this Agreement under this Section 14 by either party shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
14.6 Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under this Agreement.
XIV. GENERAL PROVISIONS
15.1 These Terms and Conditions and the relationship between you and us shall be governed in accordance with the laws of the Isle of Man. Any dispute arising hereunder regarding these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in the Isle of Man. You irrevocably agree to submit to such exclusive jurisdiction and you expressly waive all defenses to jurisdiction. The foregoing notwithstanding, we may commence a proceeding on the basis of temporary or permanent equitable relief in any jurisdiction of our choosing These Terms and Conditions will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
15.2 If any part of these Terms and Conditions is found void and unenforceable, it will not affect the validity or the balance of the remaining provisions, which shall remain valid and enforceable according to its terms. Our failure to insist upon or enforce strict performance of any provision herein shall not be construed as a waiver of any provision or right. Neither the conduct between the parties nor trade practices shall act to modify any provision of these Terms and Conditions. You acknowledge that Digimedia Ltd and you are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between us. We reserve the right to assign our rights and duties under these Terms and Conditions to any party at any time without notice to you, but you may not assign your rights and obligations under any circumstances. Nothing in this Agreement shall be construed as to grant you any security interest whatsoever over the assets of the Company, including for the avoidance of doubt, on any amounts standing to the credit of your account These Terms and Conditions constitute the entire agreement between us relating to your use of the Web Site and/or Casino and supersedes any prior representations, discussions, undertakings, communications or advertising with respect thereto. You may not amend these Terms and Conditions in any manner without our express prior written approval. In the case of any language discrepancies between the meanings of any translated versions of this Agreement, the English language meaning shall prevail.