PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING DOBER.GAMES. THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
These terms and conditions set forth the agreement between you, an individual user, (“YOU”, “YOURSELF” or "User" as appropriate) and Dober Media LLC ("Company" “Dober” “Dober Games” “Dober Games” “us” “we” or “our” as appropriate) governing the User's use of the Company website located at Dober.games (the "Site" or "Website" as appropriate), Company apps and the services provided to the User by Company (together, the "Company Service" and “Company Services”).
BY USING THE SITE, THE DOWNLOAD APPS OR ANY SERVICES PROVIDED BY THE COMPANY, USER IS ACKNOWLEDGING THAT THE USER HAS READ THE FOLLOWING TERMS OF SERVICE CAREFULLY AS THEY GOVERN USE OF THE COMPANY SERVICES AND OUR PRIVACY POLICY AS IT GOVERNS OUR COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION. ANY USE OF COMPANY SERVICES CONSTITUTES AN AGREEMENT BY THE USER TO BE BOUND BY THESE TERMS, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). DOBER MAY ALSO HAVE ADDITIONAL TERMS FOR CERTAIN CONTESTS OR SPECIAL PROMOTIONS WHICH WILL BE DETAILED SEPARATELY. IF AT ANY TIME A USER DOES NOT AGREE TO THESE TERMS, THE USER AGREES TO IMMEDIATELY TERMINATE USE OF THE COMPANY SERVICES.
In order to participate in a contest on the Site, you must register for an account. By registering as a user of the Site, you agree to provide accurate, current and complete information about yourself as prompted (the Registration Data) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Dober has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Dober may deny you access to areas requiring registration, withhold or revoke the awarding of any prizes, at its sole discretion. A user may maintain only 1 account per IP and/or household. Use of multiple accounts to access Company services is grounds for termination of service and withholding of account earnings, funds and disqualification from all contest participation.
Only the registered user of an account may access or in any way participate in the services and contests provided by Dober. No account co-ownership shall be allowed. Use of an account by more than one individual, as determined in the sole opinion of Dober, shall constitute a breach of these Terms and shall be cause for account closure and withholding of account earnings, funds and disqualification from all contest participation.
At the time of registration for online account access, User must provide a valid email address and supply a Username and Password to be used in conjunction with an account. Many portions of the Site require registration for access (the "Restricted Areas"). User is responsible for maintaining the confidentiality of the Username and Password, and Users are fully responsible for all uses of Username and Password, whether by the registered User or others. You agree to (a) keep your Username and Password confidential and not share them with anyone else; (b) immediately notify Dober of any unauthorized use of your Username and Password or account or any other breach of security; and (c) use only your Username and Password to access the Site's Restricted Areas. Dober cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Dober is authorized to act on instructions received through use of your Username and Password, and that Dober may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
You acknowledge, consent and agree that Dober may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; (v) to clarify a public publishing that you initiated on the internet or any other public medium; or (vi) to protect the rights, property, or personal safety of Dober, its users and the public.
The Site provides, or third parties may provide, links to other World Wide Web sites or resources. Because Dober has no control over such sites and resources, you acknowledge and agree that Dober is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Dober shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Dober, in its sole discretion, may disqualify any entrant from the service, refuse to award fantasy points or prizes and require the return of any prizes, if entrant engages in conduct Dober, in its sole discretion, deems to be improper, unfair, illegal, or otherwise adverse to the operation of the service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: falsifying personal information required to use the service or claim a prize; violating any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the service or trying to in any way tamper with the computer programs associated with this service; utilizing as of yet unpublished data of injuries (insider data) or player data or information that has not yet been processed by Dober to correctly assess contest lines (seeking to play ‘steam’ action), obtaining other entrants information and spamming other entrants; and abusing the Dober website in any way. Entrant further acknowledges that the forfeiture and/or return of any prize shall in no way prevent Dober from pursuing criminal and/or civil proceedings in connection with such conduct. Further, this service may not be used for any form of gambling.
Absolutely no form of automated script can be used to access any part of the Dober services. Use of a script to enter a contest, log into an account or do anything that is not initiated by a keyboard, mouse or audio/visual impaired device will not be allowed. Use of audio/visual impaired devices will need to be done for medically approved and proven reasons in the event that the use of such devices comes into question. Use of any form of automation to enter or use the Dober services will result in account closure, possible loss of funds and disqualification from current and past games.
Dober and any partners are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the service), including without limitation any injury or damage to any entrant's or any other person's computer equipment relating to or resulting from participation in the service; inability to access any website, or any web pages of Dober; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
Your use of Dober is AS IS. Dober and any partners are also not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason the service is not capable of running as originally planned, or if the service or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Dober corrupts or affects the administration, security, fairness, integrity or proper conduct of the service, Dober reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the service, and select the winner(s) from all eligible entries received.
You agree to provide us with any information we might require to verify your identity, social security number, residence, location or other information related to your account and your use of the Company Services. Dober will also request tax documentation from winners. In the event that we request any verification documents or tax documentation, we reserve the right to withhold earnings and funds until such verification is provided. In the event that verification documents are not provided, you understand that Dober retains the right to withhold all account winnings and funds. Failure to provide tax documentation based on winnings can result in disqualification from the contest from which such winnings were derived and loss of winning funds.
In January each year all winners who have won $600 (or the equivalent in Euros) or more (net of all deposits and payouts) over the previous year will be mailed a 1099-MISC tax form to claim their personal gains. These details will be used to file a 1099-MISC with the Internal Revenue Service. All users are required to input their personal information (for the possibility of filing the 1099-MISC tax form) upon their initial cash out request. This information will be kept private in a secure database.
All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
Through use of company services, users hereby represent and warrant that the user is of sound mind and fully able to enter into this agreement and the obligations, affirmations, warranties and representations herein. Use of company services implies user is representing and warranting that:
Dober Games reserves the right to verify eligibility of users by requesting documentation of such eligibility and/or a written affidavit attesting to user eligibility and compliance with the terms and conditions contained herein.
If a user is found to be ineligible for participation or use of the contests provided by Dober, then Dober reserves the right to, not withstanding any other existing rights Dober has in law or equity, to withhold earnings, payment and cancel any contest participation and prizes won by ineligible user participation. All ineligible accounts will be closed and deemed fraudulent.
Depositing of funds by the user to Dober shall be done with the sole purpose of participating in real money contests provided by Dober. Depositing of funds for any other purpose, including but not limited to money laundering, tax evasion, hiding of assets or any other non-contest participation motives as determined in the sole discretion of Dober will constitute a violation of these Terms and shall be cause for account closure. Dober reserves the right to contact relevant authorities and share the information of users that engage in such activity.
Dober’s fantasy sports based contests are a game of skill. Dober determines winners in accordance with the criteria that can be found in our Rules and Scoring page along with the guidelines posted here and on the pages of each individual contest. Users utilize their knowledge and skill to pick match ups which are based on the performance of individual athletes in real life sporting events. A minimum of two player match ups must be selected to enter contests. Colorado and New York are restricted to fantasy points only contest due to state legal restrictions.
Contests have a fixed entry cost and a fixed prize that will be displayed to the user before contest participation. User can select different contests based on the US dollar amount the user wishes to place at risk. Dober may offer free contests with real money prizes which shall be listed in US dollars. Prizes are to be awarded to the username that submits the entry. All entry fees are final upon submission and there shall be no refunds or cancelations.
Dober reserves the right to cancel, amend or change any contest at any time without notifying the user of such changes.
Contest results are based on the final statistics and scoring results at the completion of the last professional sports game of each individual Contest. Once Contest results are reviewed and graded, prizes are awarded. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in Dober’s sole discretion. Dober reserves the right to cancel and reverse any payments made from contests with adjusted scoring and user agrees to facilitate the return of any payments made on incorrectly graded plays or plays with scoring adjustments.
Dober may cancel or disqualify a user from contest participation if Dober, in its sole discretion, finds a user to be in breach of the terms and conditions contained herein, in the terms and conditions of any individual contest, or if a User is engaged in improper, fraudulent or unfair activity or any activity that is adverse or detrimental to the functioning of the services of Dober or any of its users.
User acknowledges that the return or forfeiture of any contest winnings or funds in no way shall prevent Dober from further pursuing civil or criminal charges against users engaged in improper, fraudulent or any activity that violates these Terms related to Company Services.
There shall be no substitution or transfer of prizes in any manner unless previously authorized by Dober in writing. In the event of a dispute as to a contest winner or the proper recipient of a contest prize, Dober shall be the sole judge in such disputes and Dober’s decision shall be deemed final and binding.
With the exception of customers from Maine, a customer may not enter any individual contest more than 3 times. Customers from Maine are further restricted to only 1 entry per contest. At Dober's sole discretion, Dober reserves the right to place customer wins under a review period for up to two weeks to verify all related events and registrations before issuing a payment on any contest winnings.
Contests shall have the duration as required for the completion of the respective sporting events for the contest at hand. Generally our contests are designed to last between one day and one week, but given that users can create their own contests with our highly granular system, some contests may have a longer duration.
By participating in Dober’s fantasy sports contests, user agrees to have user image, photograph, likeness, voice, location and prize amount utilized by Dober and its associates, business partners and affiliates in the creation and distribution of marketing and promotional materials that can be published on the internet, radio, TV, podcast, newspaper, magazines and any other advertising mediums. User agrees not to seek any remuneration, charge, fee and not to impose any conditions or obligations for such usage of user data in connection with advertising and marketing campaigns. There may be additional requirements for advertising waivers when participating in certain contests. Any winner of a prize above $5,000.00 USD may be required to submit a video recording detailing their experience that can then be used for advertising and publishing purposes before a payout request for such earnings will be processed.
In the event that a user accepts a bonus or promotional offer, any deposits from such account will be required to complete a minimum of a one time play through of the deposit (so a user must enter contests for the total value of deposit).
Some bonuses will be released as a user enters real money contests. In the event that a user is awarded such a bonus and the user fails to complete the real money entries required to clear the bonus amount within 45 days, Dober reserves the right to cancel such bonuses.
In the event that Dober shall offer a bonus based on deposit alone, and the user immediately withdraws the deposit after the provision of the bonus, Dober will retain the right to retract such bonus or bonuses. In any event where Dober, in its sole discretion, determines a user is abusing the bonus system, Dober retains the right to cancel any and all bonuses such a user might have received.
Each bonus includes specific bonus terms and conditions. Please consult the applicable bonus terms and conditions before accepting a bonus. If your bonus has any of the following conditions, please note the following:
Play Through: A bonus might not be convertable to cash until a certain amount of play has been completed. This is measured in multiples of the bonus amount. If a user receives a $100 bonus with 2x playthrough, that means the user must enter $200 worth of contests before the bonus amount can be converted to cash.
Sticky: A sticky bonus is an amount that will be taken back before the amount can be converted to cash. For example, if a user receives $100 in sticky bonus, and wins $250, the user will only receive $150, as the original $100 will be taken back, generally at the time of completing playthrough. If sticky bonus is not automatically removed at playthrough conversion it shall be removed upon the second bonus to cash conversion initiated by the user.
Maximum Cashout: A maximum cashout is the maximum amount a user might win with a bonus, it is generally measured in multiples of the bonus amount. For example if a user receives a $100 bonus with a 5x max cashout, this means the user can convert no more than $500 worth of bonus money to cash. So if the user reaches $900 in balance from the previously mentioned bonus, the user can request no more than $500 in cash conversion; the other $400 will be removed and lost.
If the last transaction of a user was a withdrawal from a no deposit bonus, the user will be ineligible for any further no deposit bonuses unitl the user has made a deposit and made a least 1x playthrough on the deposit. Any withdrawals from back-to-back no deposit bonus will be deemed ineligible and the winnings forfeit.
Unless specifically stated otherwise by Dober in writing or as stated within these Terms, there shall be no third party beneficiaries to these Terms.
1.15 Consent to Contact
By creating a Dober.games account, you hereby consent to receive communications from us via email, telephone, SMS or mail. We may reach out to you regarding matters related to your account, any promotional offerings from us, or our affiliates and/or marketing partners. You have the right to limit the circumstances under which we may contact you by reaching out to customer support.
Dober.games works with a number of companies that assist in marketing our services to you on a third party website. These companies may collect information about online activities conducted on a particular computer, browsers or device over time and across third party websites or online services for the purpose of delivering advertising that is likely to be of greater interest to you. Certain ads appearing on our service are delivered by our advertising partners. Our advertising partners may use cookies and other similar technologies, often in conjunction with unique cookie identifiers to collect data about your activities and interests. Some of these partners may use mobile device identifiers, such as Apple IDFAs and Google/android advertising ID’s. Doing this allows the ad companies to recognize your computer or device each time they send you an online or mobile advertisement. This information allows ad companies to deliver targeted advertisements that maybe be of increased interest to you, both on our service and elsewhere online. Just as these technologies may be used to target ads on our websites and apps, we, our advertising partners, may use these same technologies and data points (e.g. mobile identifiers, cookie identifiers, location based data), through our service or through other services to target advertising on other sites and mobile apps. Sometimes, these identifiers may be derived from hashed or encrypted versions of personal information such as your email address. We may use this information to measure the performance of our advertising as well as to evaluate which ads or content our suers prefer and are most effective.
To learn more and to opt out of the colleon data on our website by third parties (including those described above) for interest-based advertising purposes. Please visit www.aboutads.info/choices or www.youronlinechoices.com. Note that because this opt out method may cookie based, you will need to opt out again if you update or change your browser, or delete your cookies. You can also control interest based advertising on apps on your mobile device with AppChoices app, available for IOS and Android. Note that option out will affect the quantity of ads you see on online but likely will cause the ads to be less relevant to you.
Company grants you permission to use the Company Service as set forth in these Terms, provided that (i) you do not download, reproduce, redistribute, resell, publicly display or otherwise commercially exploit any portion of the Site; (ii) you do not use Company Services or Site in violation of any law or violate or infringe upon the rights of others; (iii) you will not use the Services to perform any commercial solicitation, encourage conduct that could expose the Company to criminal or civil liability, or prevent others from enjoying the Service; (iv) you do not use the company services as part of a group or syndicate of players with coordinated actions, users may only use company services as individual users; (v) you do not breach these Terms.
Company reserves the right, at our discretion, and without notice to you, to change these Terms. All changes shall be effective immediately. In the event of a material change, company, at our sole discretion, might notify the user via e-mail according to account preferences. Company is in no way bound to notify users of Term changes. Please check these Terms and Rules periodically for changes. Your continued use of the Company Service after the posting of changes constitutes your binding acceptance of such changes.
Company may make changes to or discontinue any of the features or services made available through the Company Website or Apps at any time, and without notice. Company may also in its sole discretion and at any time discontinue providing access to the Site, Apps, or any part thereof, with or without notice. The company service and any other third-party media, content, software, services or applications made available in conjunction with or through the company service are provided on an “AS IS” and “AS AVAILABLE” basis without warranties or representations of any kind either express or implied. Company will not be held liable for any loss of revenue or reputation that might arise from interruption, change, disruption, edition or modification to company services.
As between the parties, the Company Service, including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, and all other elements of the Company Service that are provided by Company ("Company Materials") are owned and operated by Company or Company affiliates and vendors. Except as expressly authorized by Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Company Materials or materials provided by Company affiliates and vendors.
6.1 The Company may now or in the future permit the submission and posting or linking of text, pictures, photos, audio and video recordings, or any other content submitted by you to the Site ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. Company may or may not use your User Submissions in its sole discretion.
6.2 By submitting User Submissions to Company, you hereby grant Company and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, license and ability to sublicense, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Company Service and Company's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Company Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You also hereby grant to each user of the Company Service a non-exclusive license to access your User Submissions through the Company Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Company Service and these Terms. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions.
6.3 You shall be solely responsible for your own User Submissions. In connection with User Submissions, you represent and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Company and these Terms, and to grant the rights and license stated herein, and (ii) your User Submissions, Company's use of such User Submissions pursuant to these Terms, and Company's exercise of the license do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
6.4 In connection with your User Submissions, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Site: (i) any material which violates or infringes any third-party proprietary right; (ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, harassing, harmful, hateful, racially or ethnically offensive, or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iii) any advertising or any solicitation with respect to any business, products or services; or (iv) any material that would be harmful to minors in any manner.
7.1 As a condition of your use of the Company Service, you hereby represent and warrant that you will not use the Company Service for any purpose that is unlawful or prohibited by these Terms.
7.2 You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Company Service, or collect, or attempt to collect, personal information about users of the Company Service or third parties without their consent.
7.3 You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Site.
7.4 You agree not to impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
7.5 You agree not to interfere, modify, alter, cause or have caused interruptions of company services by any means that are not in line with the originally intended use of company services.
7.6 You agree not to use any errors, omissions or other situations where the company services are caused to not work in a proper manner and/or as originally intended to benefit yourself or other users of the site
7.7 Dober Games strictly prohibits the use of company services for contests or uses that can in any way create a situation of debt for a customer.
Users who wish to take some time away from our contests and any company services can utilize our self-exclusion options located within the user profile. This can be accessed by clicking Manage Account, then clicking the Setting page, then clicking on Restrictions. Users will have the option to self exclude for varying periods of time. User self-exclusion cannot be reversed and, upon completion of the self-exclusion time, Dober, in its sole discretion, may request documentation or information to comply with various laws and / or regulations regarding responsible gaming prior to re-activating a User’s account.
Users can apply limits to deposit amount, play amount and number of contests that can be entered by a user in a given period of time. There are options for daily, weekly, monthly and yearly restrictions.
All self-exclusion and self-limiting options are provided by Dober as a way to help users enjoy our contests in a responsible manner, and Dober will use reasonable efforts to ensure the proper functionality of Self-Exclusion and Self-Limiting options, provided however, that User agree Dober shall not be held responsible for any errors in our self-exclusion software which may result in a user being able to access Company services and contests during the self- exclusion time, or which might result in a user having access to deposit, contests or play limits above the ones established in the self-limiting section of our website and/or Apps. Additionally Dober shall not be held responsible for any actions a user might engage in to circumvent self- exclusion or self-limits, such as, but not limited to: using a VPN, creating new accounts or any other form of circumvention of our existing systems.
We recommend that users who wish to self-exclude contact any other gaming companies with whom a user has an account to request self-exclusion from their services also. Additionally users can install browser software that can restrict access to gaming websites.
Underage gaming is strictly forbidden and will be prohibited by Dober where reasonable apparent. No person under the age of 18 (or minimum age in your state of residence, which may be 19 or 21) shall access our site and no person above the age of 18 shall provide access to an account to someone below the age of 18, or to any other person (see Point 1.1 of these Terms). In its sole discretion, Dober reserves the right to close any account that has been found to have been used by a person under the age of 18, and forfeit any winnings and account funds contained in such accounts, additionally Dober may contact relevant authorities in the event of any suspect underage gaming.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, VENDORS, ENDORSERS, OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM (THE “INDEMNIFIED PARTIES”) FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE COMPANY SERVICE; (II) YOUR USER SUBMISSIONS, INCLUDING COMPANY’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER SUBMISSIONS; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER SUBMISSION INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY COMPANY.
COMPANY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE COMPANY SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE COMPANY DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED. IN THE EVENT THAT A PART OF THIS AGREEMENT IS FOUND TO BE UNENFORCEABLE UNDER A COURT OF LAW, ALL OTHER PARTS OF THIS AGREEMENT NOT AFFECTED BY SUCH DECISIONS SHALL REMAIN IN FULL FORCE.
IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE COMPANY SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID COMPANY IN THE 3 MONTHS PRECEDING THE DATE OF YOUR CLAIM.
The first step required for any dispute shall be to contact customer support with the dispute. Dober customer support representatives will try and settle the issue at hand. If settlement between Customer Support and customer is not possible, the case shall be escalated for management review. Only after these steps have been taken, and the User is not satisfied with the resolution offered by Dober Management, can a dispute be escalated further, and then only to arbitration. User agrees to allow a reasonable period of time for Dober to settle customer disputes internally.
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration in Delaware, United States of America before an arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “Arbitrator”). No federal, state or local court or agency shall be used for arbitration; The Arbitrator shall have exclusive authority to resolve any dispute between the parties of this agreement and User hereby agrees to settle any disputes by arbitration, submitting exclusively to the jurisdiction of JAMS and the Arbitrator, and accepting as final any judgments rendered thereby.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The cost of arbitration shall be borne equally by the parties. The parties agree that, any provision of applicable law notwithstanding, they will not request and the arbitrator shall have no authority to award punitive or exemplary damages against either party. In the event of a conflict or inconsistency between the rules and procedures of the arbitration administrator and this Agreement, this Section shall govern.
Parties agree that any dispute, demand or arbitration shall be settled only in an individual capacity and never as part of a class action or other representative action or lawsuit. DOBER AND YOU BOTH AGREE THAT CLAIMS CAN BE BROUGHT AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS, REPRESENTATIVE OR GROUP ACTION IN ANY MANNER WHATSOEVER. USER AND DOBER BOTH WAIVE THE RIGHT TO ANY CLASS ACTION OR REPRESENTATIVE ACTION CLAIM. In the event that this section is deemed invalid or non-enforceable by a court or arbitrator, the provision number 12.1. of these Terms related to arbitration shall be deemed invalid and null and there shall be no right to arbitration as set forth in this agreement.
Users can opt out of the class action waiver provision by sending a written notice to Dober Media GmbH to the following address Clayallee 343 B, 14169, Berlin, Germany. This notice must be delivered to Dober within 30 days of account creation. In the event that the user does not deliver such notice on time, no opt out option shall be available. In the event that the user shall opt out of the Class Action Waiver, Dober will automatically be entitled to the same opt out for a class claim against the user.
Any references to a website in these Terms shall apply equally to the mobile application. All the Terms contained in this agreement apply to the use of the Dober Mobile Application. Additional terms from the Google Play Store or iTunes App Store and additional end user agreements will apply accordingly.
Dober grants the user a non-transferable, non-exclusive license to download the Dober application from the Google Play Store or iTunes App Store and install such application on an iOS or Android mobile device. Such application is for personal use of the account holder and cannot be shared with any other user of the device. Application use is limited to current installations of iOS or Android and cannot be used on a device that has been jailbroken. The user shall have no other right to the Dober application or any other Dober materials not expressly granted under this agreement.
User agrees to immediately download any Dober application updates as they become available through the iTunes App Store or the Google Play Store. New versions of our software might contain security patches and improvements to our services, even if the version file does not specifically state such improvements or security patches. Failure to update the Dober Games app might result in your system suffering from compromised security and failure of the proper functioning of the Dober systems and games. Dober will not be liable in any way for such occurrences.
These Terms are between the User and Dober, and no other party hereto, including Apple, shall be bound by these Terms. Any claims or issues arising from the use of the Dober Applications shall be communicated to Dober. Apple or Google shall not be contacted to resolve any issues related to the Dober Application; as neither Apple or Google will have any responsibility to provide support for the functioning of the Dober games and services provided by Dober via the Dober Download Applications.
The Dober iTunes App Store application may only be used on Apple products running the iOS operating system. Use of the Dober Google Play Store application may only be used on products approved and originally installed with Android software.
User acknowledges that Apple and Google will in no way be held responsible for your use of the Dober Application including but not limited to: the legality of your use of the application, the loss of money, revenue or reputation, product warranties or liability claims, claims related to third party intellectual property rights, claims related to consumer protection laws and agencies and any other claims related to your usage of the Dober Applications.
Your use of the Dober application must conform to any terms and conditions set forth by Google and Apple in their rules of use, terms and conditions and any other agreements between you and the aforementioned companies.
Any warranties that have not been disclaimed in this agreement will provide the user with the ability to notify Apple or Google of such events, and Apple or Google may in their own discretion refund the end user the purchase price (if any) of the Application. To the maximum extent permitted by law Google and Apple will have no other obligation to the User with respect to the proper functioning of the App, loses, liabilities, claims, costs, damages or any other failure to conform to warranties, as these shall be the sole responsibility of Dober Media GmbH to the extent permitted by these Terms. Other sections of these Terms limit the liability of Dober Media GmbH, please read this agreement in it’s entirety.
Apple and Google and the subsidiaries of Apple and Google are third party beneficiaries of these Terms, and thereby shall have the ability to enforce such Terms.
Company may provide you with notices, including those regarding changes to these Terms, by email, User Messaging, Promotions, Customer Support or posting in the Forum. If notice is by e-mail, it will be provided to the email provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given 24 hours after email is sent. By using Company Services you are providing consent to be contacted via email, text message, phone or mail.
In the event that a customer reaches 24 months of continuous non-system activity, Dober shall initiate reasonable contact efforts to inform the customer of existing balances and the possibility of fees being imposed on the customer account if no account activity is initiated. Monthly fees shall be charged to any account that experiences more than 36 continuous months of non-system activity. For the purposes contained herein, system activity shall refer to non-automated use of customer account: inputting a correct username and password, or initiating an advanced and confirmed password recovery process through our staff. After 36 months and for the subsequent 12 months a $10 per month account administration fee shall be charged. After 48 months of non system activity the administration fee shall be increased to $25 per month for the next 12 months. After 60 months, the monthly fee shall be increased to $50 until the account is depleted. These amounts will be applied to accounts in Euros also. Application of administration fees can be appealed and we are very keen on ensuring the satisfaction of our customers. Contact our customer support department today if you have experienced any issues related to account administration fees.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
User agrees that regardless of any law or statute to the contrary, any claim must be filed within six (6) months of the date the claim arose, or shall be deemed to have been waived, and forever barred from being pursued.
All section titles in this agreement are for reference and convenience and shall have no bearing on the effect of the clauses set forth within.