General Terms of Use

1 Terms of Use

These Terms of Use regulate the relationship between the “Provider” (defined below) and all parties who access the website and/or App (defined hereunder) and make use of its features and contents in any manner (hereafter referred to as “User”).

Collectively the Provider and the User shall be referred to as the “Contract Parties”.

2 General

The use of any or all features and services offered by the Provider on the Game on Darts App (hereafter referred to as the “App”) and the information, materials and links contained therein, is subject to the Terms of Use as set out below. Unless otherwise agreed by the Provider in writing, the Terms of Use constitute the entire relationship between the Provider and the User for using the App including any or all of its functions on offer by the App.

The User has the obligation to read carefully and understand the Terms of Use before using the App. A User who uses the App is considered to have read, understood and accepted and is thereby bound by the Terms of Use, with no need for any further act.

The Provider reserves the right to suspend, add, remove, amend and/or supplement the Terms of Use from time to time as it may deem appropriate.

The Provider advises the User to read carefully the contents of these pages on a regular basis. By using the App the User agrees to be bound by the Terms of Use as well as by their latest modifications, regardless of whether the Visitor is in fact aware of such modifications.

The Provider is under no obligation to verify that all Users of the App have read the updated Terms of Use. The updated version of Terms of Use is always the one posted on the App.

The App may only be used for lawful purposes. Using the App for transmission, distribution, publication or storage of any material on or via the App which is in violation of any applicable law or regulation or any third party’s rights is strictly prohibited. This includes (without limitation) the use of the App or the transmission, distribution, publication or storage of any material on or via the App in a matter or for a purpose which infringes copyright, trademark, trade secrets or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is defamatory, violates any privacy or data protection laws, is fraudulent or breaches any exchange control or gambling law.

In case of misusing and/or digitally abusing the App, the Provider reserves the right to close or block the User from using the App and close any account registered in his username. The Provider retains the right to bring a lawsuit against the User at its sole discretion.

3 Services

The App provides live Dart scores in real time, final results, fixtures, line ups and statistics. The results, statistics and other information contained on the App reflect information provided by other independent sources (from third parties) or by in-house effort or by various other official apps. While every effort is made by the Provider to update the content and match results or other information displayed on the App regularly, we advise to check information gathered on the App from other sources as well. The Provider is not responsible for the User’s use of the results and other information of the website contained on the App.

Furthermore, a dart counter with constantly updated game content is offered. There is no guarantee that the game modes will run correctly.

By accepting the Dart with me function, your own group of friends and, if you wish, the entire community, will be informed of the location of the Dart game.

4 Third party Websites and Apps

The User acknowledges that any contact whatsoever made with third parties after viewing the Apps, whether intended or unintended, and any outcome which ensues, are absolutely independent of the Provider and the Provider is not in any way responsible for any agreement or expectation and other consequences which ensues as a direct or indirect cause of this contact.

Any claim or dispute which may arise between the User and a third party shall in no way involve the Provider.

Third parties, including any third parties’ adverts on the App, have no access to the Users’ Personal Data and any other data that the User may have given to the Provider.

5 A/V Content

The Provider is not responsible for the content of external apps which may be viewed on this App. All video content found on the App is not hosted on the Provider’s servers nor is it uploaded to the host server by the Provider.

6 Inactive Accounts

If a User has set up an account on the App but fails to access it for 360 days, the Provider reserves the right to close the account with immediate effect and without prior notice.

7 Intellectual Property

Without prior authorisation in writing from the Provider, Users are not authorised to copy, modify, tamper with, distribute, transmit, display, reproduce, transfer, upload, download or use otherwise or alter any content of the App.

Any breach of this clause is tantamount to a violation of applicable intellectual property rights within the European Union and other applicable laws. The Provider and any other party authorised on its behalf reserves the right to sue for damages to the fullest extent permitted by law against any party committing directly or indirectly this breach.

8 Type of Relationship

These Terms of Use are not intended to create any partnership, agency or joint venture between the Provider and the User.

9 Breach of Contract

If the User fails to adhere to any clause in the Terms of Use or if the Provider reasonably suspects that a User directly or indirectly fails to comply with all clauses in the Term of Use, the Provider reserves the right to block the User from using the App at its sole discretion and close any account registered in the User’s name and is related to it. The Provider also retains the right to bring a lawsuit against the User at its sole discretion.

10 Legal Compliance

Users are advised to comply with applicable legislation in the jurisdiction in which they are domiciled or currently resident. The Provider does not accept responsibility for any actions taken by any authority against any Users in connection with their use of the website.

11 Law & Forum and/or Community

These Terms of Use shall be governed by and construed in accordance with the laws of the country of Malta without giving effect to conflicts of law principles. The Contract Parties submit to the exclusive jurisdiction of the court of the country of Malta for the settlement of any disputes concerning these Terms of Use. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is specifically excluded.

12 Headings

Headings are intended for clarity and to facilitate reading these Terms of Use. They are not intended as a mean of interpreting the content of each paragraph that follows the heading. Headings are not intended to bind the Provider in any manner.

13 Waiver

Any waiver of the provisions of these Terms of Use by the Provider following any breach by a User shall not be considered as a waiver of any subsequent breach of the same or any other provision of these Terms of Use.

14 Disclaimer

14.1 Warranties and Representations

It is hereby being specified that the Provider assumes no responsibility, pledge or warranty (either explicit or implicit) that the content of the App is accurate and/or suitable for any purpose other than those warranties which cannot be expressly excluded under the governing law of these Terms of Use.

Using the App is entirely at the User’s risk.

The Provider does not guarantee that:

  • any of the functions provided by the App are authorised,
  • that the functions will fully satisfy the User,
  • that the service is entirely secure and exempt from error,
  • that it is updated regularly,
  • that any software defect is corrected immediately,
  • that the service is uninterrupted,
  • that the App are virus or bug free,
  • that the App is continually operational,
  • that the information is adequate,
  • that the information and functions available thereon are reliable or that all other information and functions obtained and used in the App are adequate and reliable. Those who choose to access the App do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The App may contain links and references to third party websites/adverts/content. These websites/apps/adverts/content are provided for the convenience and interest of the User, and does not imply responsibility for approval of information contained in these websites/apps/adverts/content by the Provider. The Provider gives no warranty, either expressed or implied, as to the accuracy, availability of content or information, text or graphics which are not under its domain. The Provider has not tested any software located on other websites/apps and does not make any representation as to the quality, safety, reliability or suitability of such software.

14.2 Loss or Damage

The Provider is not responsible for any direct or indirect loss or damage that the User or a third party might have suffered as a result of using the App, including but not limited to damages caused by a financial loss, a loss of benefits, a loss on anticipated earnings, winnings or other profit, interruption of business, loss of commercial information or any other pecuniary and or consecutive losses.

The Provider is not responsible for winnings or losses suffered on third party websites which result from the use of information displayed on the App.

Without limitation to the generality of the preceding two clauses, no responsibility is being acknowledged or accepted hereunder for, inter alia, the following matters:

  1. mistake(s), misprint(s), misinterpretation(s), incorrect translation(s), mishearing (s), misreading(s), spelling mistake(s), error(s) in reading, transaction error(s), technical hazard(s), registration error(s), manifest error(s), force(s) majeure and/or any other similar error(s)
  2. violation of the Provider’s rules
  3. criminal actions
  4. advice, in whichever form, provided by the Provider
  5. legal actions and/or other remedies
  6. loss or damage that Users or third parties might have suffered as a result of using the App, its content or any link suggested by the Provider
  7. loss or damage that Users or third parties might have suffered as a result of any modification, suspension or interruption of the App
  8. criminal use of the App or its content by any person, due to a defect, omission or any other factor beyond our control
  9. any use of the App due to a third party’s access to the private areas requiring login and password by
  10. in case of discrepancies in the services, functions and any other feature offered by the App due to viruses or bugs which caused damage, costs, expenses, losses or claims by said discrepancies
  11. any act or omission of an internet provider or any other third party with whom Users may have a contract, in order to have access to the App. In case of litigation between the internet provider and Users, the Provider cannot be a party to the suit, and such a suit shall in no way affect these Terms of Use, and
  12. any claim of a User arising as a result of damages incurred by another User due to the content of posted material or by other third parties not authorised by the Provider on the App.