TERMS AND CONDITIONS FRUITKINGSPLAZA

These terms and conditions (the "Agreement") constitute a legally binding agreement between:

·   You, the End User;

·   Yellow Stone Entertainment N.V. ("Yellow Stone")

·   YSEgambling

The slots or casino games are located at http://www.fruitkingsplaza.com or replacement or associated URLs. Yellow Stone provides the YSEgambling software and related. Yellow Stone possesses all required authority to offer the Games to the public under Central Government Resolution of the Governor of the Netherlands Antilles. The Games operate on the basis of an underlying software system licensed to Yellow Stone. by YSEgambling. In this Agreement the YSEgambling Software is referred as the "Software". In this Agreement Yellow Stone is referred as the "Service Provider". This Agreement is between you and Yellow Stone. Yellow Stone may 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 you and the Service Provider in relation to your use of the Games. If you have any questions, Yellow Stone encourage you to seek independent legal advice in your jurisdiction prior to your acceptance by checking the box stating that you have read this agreement and agree to be bound by its terms. By checking the box stating that you have read this agreement and agree to be bound by its terms and/or use the Casino, the Software you are legally bound by this Agreement INCLUDING THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN IT AT CLAUSE 10. If you do not agree with any of the terms of this Agreement you must not check the box stating that agree to be bound by its terms.


1. THE GAMES

1.1
Yellow Stone operates the Games by virtue authority from a registered license-holder by the Government of Netherlands Antilles. All transactions in connection with the Games take place in the territory of Curaçao where the Games servers are located. We reserve the right to change the location of the license and/or territory where the games servers are located or/and the game takes place.

1.2
You can only use the Games if you are of the legal age of majority as determined by the law of the country from where you live and/or access the Games (the "Local Jurisdiction"). You cannot use the Games 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 your use of the Games 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 the Games that can be played for fun or practice, and not for real money.

1.3
The Games are only available to you if the use of the Games is permitted in the Local Jurisdiction. The Service Provider does not intend that anyone should use the Games where such use is illegal. The availability of the Games does not constitute an offer or invitation by The Service Provider to use the Games in any country in which such use is illegal. Use of the Games and participation therein is void wherever prohibited by any applicable law. YOU ACCEPT SOLE RESPONSIBILITY FOR DETERMINING WHETHER YOUR USE OF THE GAMES IS LEGAL IN THE LOCAL JURISDICTION. If your use of the Games is illegal you will not be entitled to collect any winnings and The Service Provider reserve 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.


2. END USER'S REPRESENTATIONS, WARRANTIES AND COVENANTS & INDEMNITY

2.1
In consideration for the rights granted to you to use the Games and the Software you warrant, represent and covenant with the Service Provider (and acknowledge that the Service Provider are relying on such warranties, representations and covenants) that:

·   You are of sufficient legal age, and are legally allowed, to use the Games in the local jurisdiction; Players from the Netherlands are not allowed.

·   Your use and interest in the Games is personal, and not professional and that you are only using the Games for your own private entertainment and you acknowledge that any other entrance, access, use or reuse of the Games 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 the Games;

·   You agree and acknowledge that you will not provide any information or make any statement to The Service Provider that is untrue, false, incorrect or misleading including (but not limited to) information relating to your identity and contact details. Any and all information that you have provided to the Service Provider 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 Provider 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 or deceptive, including colluding with other players in an attempt to defraud.

·   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 the Games or use the Software.

·   You fully understand the methods, rules, and procedures of the Games and, where and when appropriate, will seek advice or help when using the Software or the Games.

·   All monies used by you in the Games are lawfully yours and are not obtained from an illegal source or through illegal activity.

·   You acknowledge that there exists a risk of losing money when using the Games.

·   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 the Games and any rules and terms for any promotions or loyalty schemes in which you participate, each as set out on the website from time to time.

·   Your participation in any promotions shall be deemed as consent to the applicable rules and terms set out in connection with the respective promotion.

2.2
You agree to fully indemnify the Service Provider and hold the Service Provider 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 the Games 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.

2.4
The Service Provider may withhold payment of your winnings in case of any damages or other amounts owed by you to the Service Provider.

                   


3. SOFTWARE

3.1
Title, ownership and all intellectual property or other proprietary rights in the Software belong to YSEgambling, including any images, photographs, animations, video, audio, music and text that may be part of the Software. The Software in source code form is the trade secret and confidential information of YSEgambling. All rights not expressly granted to you under this Agreement in respect of the Software are reserved to YSEgambling. 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 the Games are licensed to the Service Provider. You shall not acquire any rights, interest in or title to any such intellectual property rights in the Games.

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.

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:

·   in a manner that constitutes a violation or infringement of the rights of any third party (including but not limited to intellectual property rights); or

·   that has harmful or destructive or damaging properties; or

·   that may constitute any form of collusion; or

·   which is likely to cause harm or damage to the computer systems, network or equipment of any third party.

3.5
You acknowledge and agree that the Software and any related documentation or other materials provided by the Service Provider are the confidential information of the Service Provider. 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 Provider 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.

3.7
If you use multiple browsers or attempt to manipulate or ascertain information concerning the Software or are involved in collusion, you will forfeit all money and be deactivated as a player. All wagers must be placed through the user interface. Any wagering through other means, including the use of a "robot" player, is strictly forbidden.


4. TERMINATION

4.1
This Agreement is effective from the date you check the box stating that you have read this agreement and agree to be bound by its terms until terminated in accordance with its terms.

4.2
The Service Provider (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 Provider (or any of them) may immediately terminate this Agreement without notice if:

·   you fail or refuse to pay any amount due to any of the Service Provider;

·   you breach any of the terms of this Agreement in any way including your representations, warranties or covenants given in this Agreement;

·   any statement or information you provide to the Service Provider is untrue, false or misleading whether now or at any time that you play the Games;

·   you are committing any offence; or

·   you cause to be published on, and/or sent via, the Games or Software or YSEgambling Services any actual or potentially defamatory, offensive, racist, harmful or obscene language or material.

4.3
You may terminate this Agreement at any time by prior written notice to the Service Provider.

4.4
On termination of this Agreement you shall immediately:

·   discontinue use of the Software and the Games;

·   pay all amounts due and owing to the Service Provider; and

·   On request, return to the Service Provider, YSEgambling, or certify destruction of, all full or partial copies of the Software and related documentation and materials in your possession, custody power or control.

4.5 On termination of this Agreement any balance in your YSEgambling Account (defined below) will be returned to you within a reasonable time of your request subject always to YSEgambling right to deduct any amounts owed by you to the Service Provider and any applicable transaction charges from 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 Provider for any damages suffered by any of them.

4.6 The Service Provider shall have no liability to you in respect of an event of Force Majeure. For the purposes of this Agreement "Force Majeure" means any event outside the reasonable control of a party affecting its ability to perform any of its obligations under this Agreement.


5. GAMES TERMS

5.1
The Service Provider reserves the right to refuse or limit any wager in its sole discretion.

5.2
If the Service Provider find any evidence or has any suspicion that you have attempted or intend to breach this agreement or tampered or will tamper with the Software or the operation of the Games in any way, in addition to any other remedies available to it, the Service Provider may withhold payment of your winnings.

5.3
As part of the Games, the Service Provider may provide casino games, including Blackjack, Spice Island Poker, Roulette, Craps, Baccarat, Slot Machines, Video Poker, Video Keno, Pai Gow Poker, Let It Ride Poker and Red Dog, Player-to-Player Poker, Bingo and may provide other games as authorized and/or services from time to time.

5.4
The Games, unless modified by the Service Provider will be operated and played in accordance with the rules of the New Jersey Casino Control Commission as applicable.

5.5
The Service Provider may, in its absolute discretion, alter or amend or withdraw any game or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the Games, including the rules of play.

5.6
The Service Provider reserves the right to terminate your access to the Games at any time, for any reason.

5.7
The Service Provider reserve the right to amend your nickname and/or alias in its absolute discretion if it believes the same to be defamatory, offensive, pornographic in nature or intended to impersonate a real person or brand name.

5.8
The Service Provider reserve the right to prohibit any player from participating in any and all Games, and may, where situations warrant, freeze the chips of any player suspected of cheating in any form. The Service Provider further reserve the right to restrict seating and/or to prohibit players from playing in a particular game, including restricting two or more players from playing together at the same game.


6. USER INFORMATION & PRIVACY                

6.1
You are solely responsible for the security and protection of your user name,  password and personal identification number and financial information (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, the Games, whether authorized or not.

6.2
You are solely responsible, liable and accountable for all use or access of the Games or the Software and the YSEgambling Services (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.

6.3
YSEgambling does not generally provide details of your YSEgambling Account to third parties, however, YSE reserves the right to:

·   release any information with respect to your YSEgambling Account and/or your use of the YSEgambling Direct Services in response to a request by a financial institution, credit reporting agency, a governmental agency, regulatory body or court of law, whether such request is made pursuant to a court order or otherwise;

·   provide details of your YSEgambling Account to the police or other investigatory agency pursuant to a verifiable request;

·   provide details of your YSEgambling Account to your credit card issuer, a person utilizing a negative database, bank or credit reporting company for the purpose of conducting a credit investigation or rating your credit worthiness or the Service Provider's desire to transact business with you ;

·   provide details to a credit reporting agency where the User has failed to pay YSEgambling for a disputed transaction(s) and evidence exists to substantiate the transaction(s); and,

·   seek verification of any information provided by you in relation to your YSEgambling Account or your use of the YSEgambling Services; or

·   provide details of your YSEgambling Account and/or your use of the Services to a third party for the purposes of providing you with the YSEgambling Services or to a successor in title to the YSEgambling business.

·   Provide details of your YSEgambling Account to The Service Provider.



7. PERSONAL DATA

7.1
It is necessary for the Service Provider to collect personal information and data ("Personal Data") from you in order to allow you to access and use the Games and the YSEgambling Services. By using the Games, Software and YSEgambling Services and communicating electronically with the Service Provider, you acknowledge and agree to the Service Provider processing your Personal Data in the ways set out in this Agreement.

7.2
The Service Provider will primarily process Personal Data for the purposes of providing you with access to the Games and the YSEgambling Services. In addition, the Service Provider 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 Provider using the contact details set out in Clause 13.5.

7.3
The Service Provider may disclose Personal Data to other companies within the Service Provider 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 the Games, the Software and the YSEgambling Services. You have a right to access the Personal Data held about you. To obtain a copy of the Personal Data contact the Service Provider using the details set out in Clause 13.5.

7.4
In order to operate effectively, the Service Provider 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 Provider, 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.

7.5
YSEgambling may search your own individual record at a credit reference agency. It 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. YSEgambling may use a credit scoring or other automated decision-making system when assessing your application. YSEgambling will also add to your record with the credit reference agency details of your agreement with YSEgambling, the payments you make under it and any default or failure to keep to its terms. It is important that you give the Service Provider accurate information. The Service Provider 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 Provider and them to:

·   help make decisions about credit and credit related services for you and members of your household; and

·   trace debtors, recover debt, prevent money laundering and fraud, and to manage your accounts.

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 YSEgambling obtains and with which YSEgambling records information about you, then please write to YSEgambling at the address below.

7.6
A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. Find out more about the use of cookies on http://www.cookiecentral.com. The Service Provider use cookies to identify you when you visit the YSEgambling games and to keep track of your browsing patterns and build up a demographic profile. YSEgambling use of cookies also allows registered users to be presented with a personalised version of the site, carry out transactions and have access to information about their account. Most browsers allow you to turn off cookies. If you want to know how to do this please look at the help menu on your browser. However, switching off cookies will restrict your use of the web site.


8. ERRORS & OMMISSIONS

8.1
If there is any discrepancy between the gaming results on your computer and the results on the game server for the Games, the results on the game server for the Games shall be final and binding. If there is any discrepancy between your on-screen display and the YSEgambling gameserver with respect to balance in your YSEgambling Account, the balance held on the YSEgambling gameserver is deemed to be the balance in your YSEgambling Account and this determination shall be final and binding. You will forfeit any amounts shown to be in your YSEgambling Account that result from human error, technical default or fraud.

8.2
If you are incorrectly awarded any winnings as a result of (a) any human error on the part of the Service Provider or (b) any bug, defect or error in the Software or (c) the failure of the Games or the Software to operate in accordance with the rules of any of the Games through technical error, fraud or otherwise then the Service Provider 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 the Service Provider as a result of such error or mistake.

8.3
The Service Provider 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.


9. CHANGES TO THIS AGREEMENT

9.1
The Service Provider may modify, restate or amend the terms and conditions of this Agreement, the rules of the Games, the rules and terms applicable to promotions or loyalty schemes, the YSEgambling Services and/or the Fees 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 the Games or the YSEgambling Services;

·   on the "read me text" notice which pops up on your screen when you download and install the Software; or

·   on the web site at http://www.fruitkingsplaza.com

9.2
A copy of this Agreement, as updated from time to time, is available for your review at any time on the web site at http://www.fruitkingsplaza.com/license_2006_2007.html

9.3
If you use or continue to use the Games or the YSEgambling Services after the posting of the change to this Agreement, the rules of the Games, the Games, the terms for promotions or loyalty schemes or the YSEgambling Services, 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.


10. NO WARRANTIES; LIMITED LIABILITY

10.1
THE GAMES, THE YSEgambling SERVICES 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 PROVIDER DO NOT WARRANT THAT THE OPERATION OF THE GAMES, THE YSEgambling SERVICES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERUPTED 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 THE GAMES, THE YSEgambling SERVICES AND THE SOFTWARE LIES WITH YOU. IN ADDITION, ANY SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE OR THE YSEgambling SERVICES HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THEY MEET YOUR REQUIREMENTS.

10.2
THE SERVICE PROVIDER'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE GAMES, WHETHER FOR BREACH OF CONTRACT, EQUITABLE DUTY OR IN TORT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS THE GAMES. YSEgambling MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE YSEgambling SOFTWARE OR THE YSEgambling SERVICES WHETHER FOR BREACH OF CONTRACT, EQUITABLE DUTY OR IN TORT OR OTHERWISE, AND YOUR SOLE REMEDY, SHALL NOT EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID TO YSEgambling DIRECT FOR YOUR USE OF THE YSEgambling SERVICES AND THE YSEgambling SOFTWARE. YSEgambling'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE CASINO SOFTWARE, WHETHER FOR BREACH OF CONTRACT, EQUITABLE DUTY OR IN TORT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO USE THE CASINO SOFTWARE. NOTHING IN THIS AGREEMENT SHALL LIMIT THE SERVICE PROVIDER LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THEIR NEGLIGENCE.

10.3
IN NO EVENT WILL THE SERVICE PROVIDER, THEIR LICENSEES, DISTRIBUTORS, PARENTS, SUBSIDIARIES, AFFILIATES AND ALL OF THEIR OFFICERS, DIRECTORS AND EMPLOYEES, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SOFTWARE OR THE YSEgambling SERVICES, 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 THE SOFTWARE OR THE YSEgambling DIRECT SERVICES. THIS DISCLAIMER AND LIMITATION APPLIES REGARDLESS OF THE CAUSE OR NATURE OF THE LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS (WHETHER DIRECT OR INDIRECT), INTERUPTIONS, LOSS OF DATA, INACCURATE RESULTS, OR DELAYS, HOWEVER ARISING AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE SERVICE PROVIDER 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.

10.4
ANY ALLOWABLE CLAIM, IF ANY, WHICH YOU MAY BRING AGAINST THE SERVICE PROVIDER 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.

10.5
IF YOU ARE USING ANY THIRD PARTY EQUIPMENT, SOFTWARE OR SERVICES (COLLECTIVELY, THE "THIRD PARTY GOODS/SERVICES") IN CONNECTION WITH YOUR USE OF THE GAMES, THE SOFTWARE OR THE YSEgambling SERVICES, 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.


11. INDEMNITY

You shall defend, indemnify, and hold the Service Provider, their parents, subsidiaries, partners (including anyone else involved in creating, producing or delivering the Games, the Software and the YSEgambling Services), 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 the Games, the Software or the YSEgambling Services, any breach of this Agreement by you, your acts or omissions, the enforcement or protection or clarification of the Service Provider's rights under this Agreement, the processing, reversal or adjustment by YSEgambling of any Transfer Transaction or Authorised Transfer Transaction or Unrecognized Transaction and for any failure by the Service Provider and/or delays (however caused) incurred in the processing, reversal or adjustment by YSEgambling of any Transfer Transaction or Authorised Transfer Transaction or Unrecognized Transaction.


12. AVAILABILITY

YSEgambling shall use reasonable commercial efforts to ensure that:

·   the portion of the YSEgambling Services which are typically provided on-line shall be available seven days a week, twenty-four hours a day; and

·   the portion of the Help Services which are typically provided off-line shall be available Monday through Friday, between 9:00 am and 5:00 pm UTC/GMT.

Notwithstanding the foregoing, the Service Provider shall not be liable for any damages and losses that you or any third party may incur as a result of the Service Provider failure to provide the Games, Software or YSEgambling Services.


13. GENERAL MATTERS

13.1
The relationship between you and the Service Provider 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 any of the Service Provider.

13.2
If you are importing the Software (or any part of it) from another jurisdiction, you agree to indemnify, defend and hold the Service Provider harmless from and against any import and/or export duties and/or other costs and expenses arising from such importation.

13.3
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.

13.4
You permit the Service Provider to audit your compliance with this Agreement, as the Service Provider deem necessary in their sole discretion at any time for any reason.

13.5
You will send all communications required in connection with any matter relating to this Agreement and/or any services provided hereunder by the Service Provider 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.

Yellow Stone Entertainment N.V.
E-commercepark, Vredenberg 2a
Willemstad, Curaçao, AN
feedback@yellowstoneentertainmentgroup.com

13.6
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.

13.7
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.

13.8
This Agreement constitutes the entire agreement between you and the Service Provider, and supersedes any prior understandings, agreements or commitments, whether written or oral between you and those parties.

13.9
If the Service Provider 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 Provider if your contact details change.

13.10
The Service Provider 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.

13.11
You may not assign this Agreement to any third party without the Service Provider 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 Provider may assign, transfer or novate any or all of their rights and obligations under this Agreement to any third party at anytime without notice to you.

13.12
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.


14. LAW & JURISDICTION

14.1
This Agreement shall be governed by the laws of Netherlands Antilles as are in force from time. 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 Provider from applying to the courts of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.


Version 1.1