ELIGIBILITY TO USE FORETAL

1. To use FORETAL the End-User must register as a member of FORETAL by completing the on-line registration process accessible at www.foretal.com, including by inputting full address details where required to do so when adding cash for the first time to an End-User account.

2. The End-User must be at least 18 years of age to register as a member of FORETAL, otherwise the End-User may not so register in any circumstances. In some Local Jurisdictions this minimum age is higher: for example, End-Users in Estonia must be at least 21 years of age to register as a member of FORETAL. This requirement applies whether or not the End-User intends only to participate in the Free Predictions facility. THE END-USER HAS AN OBLIGATION TO DETERMINE WHETHER THE END-USER IS OF SUFFICIENT AGE TO REGISTER WITH FORETAL BY MAKING THE APPROPRIATE ENQUIRES IN THE LOCAL JURISDICTION. The End-User's participation in the site may be suspended, cancelled and/or declared void in the Gaming System Operator's sole discretion wherever it is determined that the End-User may have breached the requirements of this Clause.

3. FORETAL is only available to the End-User if use of FORETAL does not breach any laws in the Local Jurisdiction. The Gaming System Operator does not intend FORETAL to be used by persons where such use would be illegal and the fact that FORETAL can be accessed in the Local Jurisdiction shall not of itself constitute an offer or invitation by the Gaming System Operator to use FORETAL if such use would be illegal in that jurisdiction. THE END-USER HEREBY ACCEPTS SOLE RESPONSIBILITY FOR DETERMINING WHETHER THE END-USER'S USE OF FORETAL IS LEGAL IN THE LOCAL JURISDICTION. If the End-User's use of FORETAL is illegal the End-User may not be entitled to collect any winnings under the FORETAL Cash Prediction facilities and the Gaming System Operator reserves the right to recover any winnings already received by the End-User and/or by anyone acting on the End-User's behalf and to report the End-User to the relevant authorities. The End-User's participation in the site may be suspended, cancelled and/or declared void in the Gaming System Operator's sole discretion wherever it is determined to be prohibited by applicable local law.

4. It is the Gaming System Operator's policy not to let the End-User use the FORETAL Cash Prediction facility if the End-User is based in the United States of America. The Gaming System Operator will put in place restrictions to attempt to prevent the End-User from using the Cash Predictions facility on FORETAL from the United States of America. THE END-USER IS NOT PERMITTED UNDER ANY CIRCUMSTANCES TO PLAY FORETAL FROM THE UNITED STATES OF AMERICA FOR THE PURPOSES OF USING THE FORETAL CASH PREDICTIONS FACILITIES. The Gaming System Operator may suspend or terminate the End-User's FORETAL account immediately following any breach of this clause by the End-User. The Gaming System Operator reserves the right to put in place any additional access restrictions that it deems appropriate in relation to any other jurisdiction from time to time.

5. In order to register to participate in the FORETAL Cash Predictions facility the End-User will be required to register as an account holder with the Gaming System Operator's nominated transaction provider, Neteller Operations Limited ("NOL") and abide by the NOL terms and conditions of service. The End-User will be required to place funds in the End-User's FORETAL cash account in accordance with the Gaming System Rules and the provisions of Clause 5.

6. In order to ensure the End-User's compliance with these terms and conditions the End-User accepts and acknowledges as reasonable that the Gaming System Operator may require from the End-User such documentation relating to proof of identification as the Gaming System Operator may deem necessary, and the End-User will provide such documentation as soon as reasonably practicable and by such medium as the Gaming System Operator may reasonably specify.

7. To the extent that they are relevant to the FORETAL Gaming System Rules, Privacy Policy, Comments Policy and Responsible Gaming Policy are hereby incorporated into this Agreement by reference.

END USER'S REPRESENTATIONS, WARRANTIES AND INDEMNITY

1. In consideration for the rights granted to the End-User to use FORETAL the End-User warrants, represents and covenants with the Gaming System Operator (and hereby acknowledges that the Gaming System Operator is relying on such warranties, representations and covenants) that:

   1. The End-User will not provide any information or make any statement to the Gaming System Operator that is untrue, false, incorrect or misleading including in particular (but not limited to) information relating to the End-User's identity and contact details;

   2. The End-User is of sufficient legal age and is legally permitted to use FORETAL in the Local Jurisdiction;

   3. The End-User's use and interest in FORETAL is personal and not professional and that the End-User is only using FORETAL for the End-User's own private entertainment;

   4. The End-User has read and understood the FORETAL Gaming System Rules;

   5. The End-User is solely responsible for accounting for, recording, reporting and paying to any relevant governmental or taxation/revenue authority any tax or other levy that may be due and payable on any End-User winnings from FORETAL.

   6. Any and all information that the End-User has provided to the Gaming System Operator is true (and will continue to be true) in every respect throughout the term of this Agreement and the End-User agrees to duly notify the relevant Gaming System Operator of any changes to such information immediately;

   7. The End-User will not use the Software to engage in any activity which the End-User knows, or reasonably ought to know, will (or may) be illegal in the Local Jurisdiction;

   8. The End-User is 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 the End-User need to use in order to access FORETAL or use the Software;

   9. The End-User fully understand the methods, rules, and procedures of FORETAL and, where and when appropriate, will seek advice or help when using the Software or FORETAL;

   10. The End-User acknowledges that there exists a risk of losing money when using the FORETAL Cash Predictions facilities;

   11. All monies used by the End-User in FORETAL are lawfully the End-User's and are not obtained from an illegal source or in breach of any money-laundering rules or regulations in any jurisdiction (including but not limited to the End-User's Local Jurisdiction);

   12. The End-User will not deliberately take steps to prevent the Gaming System Operator from identifying the End-User's location when using FORETAL;

   13. The End-User accepts and agrees to abide by both the terms and conditions of this Agreement, as amended from time to time, the FORETAL Gaming System Rules and any other rules and terms as set out on the FORETAL website www.foretal.com from time to time; and

   14. The End-User acknowledges and accepts that the Gaming System Operator is not and shall not be treated as a financial institution, and that it shall not pay any sum by way of interest to the End-User.

2. If the End-User breaches this Agreement or the Gaming System Operator has any reasonable grounds for suspecting that the End-User has breached the Agreement, in addition to any other remedies available to the Gaming System Operator, the Gaming System Operator reserves the right to withhold payment of the End-User's winnings on account of any damages or other amounts owed by the End-User to the Gaming System Operator.

3. The Gaming System Operator reserves the right to amend the End-User's FORETAL nickname and/or alias in its absolute discretion if it believes the same to be defamatory, offensive, pornographic or in any way intended to impersonate a real person or brand.

SOFTWARE

1. Title to, ownership of and all intellectual property or other proprietary rights in the Software belong to the Software Licensor, including any images, photographs, animations, video, audio, music, text, patents, patent applications, and patent rights; copyrights, copyright applications, and copyright registrations; trademarks, trademark applications, trademark registrations, and trademark rights; trade secrets; and all other intellectual property and proprietary information rights as may exist now or hereafter come into existence; all modifications, continuations, renewals, and extensions of any of the foregoing; and all claims, actions, causes of action, damages, costs, expenses, profits, penalties, recoveries, and remedies relating to any past, present, or future infringement of any of the foregoing; arising under the laws of any country, state, or jurisdiction in the world that may comprise part of the Software. Software in source code form is the trade secret and confidential information of the Software Licensor. The intellectual property and other proprietary rights in the Software are licensed to the Gaming System Operator by the Software Licensor. All rights not expressly granted to the End-User under this Agreement in respect of the Software are hereby reserved to the Gaming System Operator and/or the Software Licensor. The Software is protected by all applicable intellectual property laws and international treaty provisions. Under the terms of this Agreement the End-User is granted a restricted, personal, non-exclusive, non-assignable, non-sublicensable and non-transferable licence to use the Software solely for purpose of participating in FORETAL. The Software and any media on which it is provided to the End-User under this Agreement are only licensed to and not sold to the End-User under the terms of this Agreement;

2. Title to, ownership of and all intellectual property and other proprietary rights in FORETAL belong to the Software Licensor. The End-User shall not acquire any rights, interest in or title to any such intellectual property rights in FORETAL.

3. The End-User shall have no right to copy, sell, distribute, publish, assign, sub-licence, rent, lease, loan or otherwise transfer to the Software to any other person and the End-User will be solely liable for any and all damages, costs and expenses arising from such unauthorised sale, assignment, distribution, renting or leasing thereof. The End-User 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. The End-User 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 the End-User will be solely liable for any damages, costs or expenses arising from the above. The End-User will only use the Software for the purposes contemplated by, and in accordance with the terms of, this Agreement. If the End-User become aware that the Software is being used in any manner not authorised by this Agreement or otherwise, the End-User will immediately notify the Gaming System Operator.

4. The End-User agrees that the End-User will not use the Software for any unlawful purposes or for the purposes of sending or transmitting any data or other material:
   (i) that has harmful or destructive or damaging properties; or
   (ii) which is likely to cause harm or damage to the computer systems, network or equipment of any third party; or
   (iii) in a manner that constitutes a violation or infringement of the rights of any third party (including but not limited to intellectual property rights).

5. The Gaming System Operator may issue upgraded versions of the Software from time to time (as may be developed by the Software Licensor and licensed to the Gaming System Operator) and may make such upgraded versions available to the End-User in its sole discretion. All such upgrades shall be deemed to be Software for the purposes of this Agreement.

6. The Gaming System Operator reserves the right to restrict the End-User from using FORETAL in bad faith or in such manner which has the purpose or effect of adversely affecting the integrity of FORETAL.

7. The End-User acknowledges that use of FORETAL confers no rights whatsoever to the intellectual property rights in FORETAL. The End-User hereby assigns to the Gaming System Operator any intellectual property rights (including without limitation copyright and database rights) in any interaction made by the End-User whilst using FORETAL.

8. From time to time the Gaming System Operator may provide the End-User with access to certain information and content via the FORETAL website (including micro-sites and video content) and/or email addresses. In addition, the Gaming System Operator may from time to time provide the End-User with links to third party websites which may include information. This information and content is provided solely for the End-User's own personal use.

9. The information referred to in 3.8 is supplied "as is" and for guidance only. Use of such information is entirely at the End-User's own risk. To the fullest extent permitted by law, the Gaming System Operator make no representations or warranties of any kind, including but not limited to, the accuracy, quality or completeness of the information. The End-User is not granted any authority to copy or reproduce any information or content referred to in clause 3.8.

10. The Gaming System Operator shall not be liable for any action taken by the End-User as a result of the End-User's relying on any information referred to in 3.8 or for any loss or damage suffered by the End-User as a result of the End-User using such information or any third party website linked to or from FORETAL. Any links from the FORETAL website to third party websites do not constitute an endorsement by the Gaming System Operator of any products or services available on such websites. The End-User uses such websites entirely at the End-User's own risk and the Gaming System Operator takes no responsibility for the content contained on, or use of, such websites.

11. The End-User shall be permitted to include links to the FORETAL site in their own websites or "Blogs".

TERMINATION

1. This Agreement is effective from the date the End-User indicates acceptance of these terms and it shall continue in effect until terminated in accordance with its terms.

2. The Gaming System Operator reserves the right to restrict the End-User's access to FORETAL, suspend the End-User's FORETAL account or terminate this Agreement at any time and for any reason whatsoever in its sole and absolute discretion with or without notice to the End-User. In particular, the Gaming System Operator may immediately restrict the End-User's access to FORETAL or suspend the End-User's FORETAL account or terminate this Agreement without notice if:
   (i) the End-User is in breach of any of the terms of this Agreement including but not limited to the End-User's representations, warranties or covenants given hereunder;
   (ii) any statement or information the End-User provides to the Gaming System Operator is untrue, false or misleading whether now or at any time that the End-User uses FORETAL;
   (iii) the End-User is committing any criminal offence; or (iv) the End-User causes to be published on, and/or sent via, FORETAL or the Software any actual or potentially defamatory, offensive, racist, harmful or obscene language or material.

3. The End-User may terminate this Agreement at any time by prior written notice to the Gaming System Operator.

4. Except where Clauses 5.1 and 5.5 of this Agreement apply, on termination of this Agreement any balance in the End-User's FORETAL account (if applicable) will be returned to the End-User's account within a reasonable time of the End-User's request subject always to the Gaming System Operator's right to deduct any amounts owed by the End-User to the Gaming System Operator and any applicable transaction charges from such balance before remittance to the End-User. If this Agreement is terminated as a result of the End-User's default then the End-User will be liable to the Gaming System Operator for any damages suffered by any of them.

FORETAL TERMS

1. If the Gaming System Operator finds or becomes aware of any evidence or has any suspicion that the End-User has attempted or intends to breach any of the foregoing terms or has otherwise tampered or will otherwise tamper with the Software or the operation of FORETAL in any way, in addition to any other remedies available to it, it may withhold payment of the End-User's winnings. In addition the Gaming System Operator reserves the right not to transfer the End-User's account balance to the End-User's nominated account where the Gaming System Operator suspects the account has been linked with any fraudulent or dishonest activity (including money-laundering) or where the Gaming System Operator has to withhold the funds by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority. Transactions on FORETAL are checked to prevent money laundering.

2. As part of FORETAL, the Gaming System Operator may offer other games and/or services from time to time.

3. The Gaming System Operator may, in its absolute discretion, alter or amend or withdraw FORETAL or any part thereof, at any time, and may alter voting prices, features, specifications, capabilities, functions and/or other characteristics of FORETAL, the Software or the Gaming System Rules.

4. The Gaming System Operator Games reserves the right to terminate the End-User's access to FORETAL at any time, for any reason. In such circumstances the terms set out in clause 4 above shall apply.

5. In the event the End-User's FORETAL cash account remains Unused for a continuous period of thirty (30) months then the End-User hereby acknowledges and agrees that the End-User's FORETAL cash account shall automatically close following the expiry of that thirty (30) month period and that any balance held in such cash account at that date shall be remitted to the End-User's nominated account . In the event that End-User cannot be located for the purpose of such remittance then the balance shall transfer to and be vested in the LGA and the End-User shall agree to waive any and all claims in relation to any Unused balances transferred to and vested in the LGA in accordance with the provisions of this clause 5.5.

6. For the purposes of clause 5.5 "Unused" means where the balance of the End-User's FORETAL cash account is greater than zero during a continuous period of thirty (30) months whereby the balance has not changed during that period either
   (i) by means of the addition of funds to the account or the redemption of any funds on account, or
   (ii) by the use of funds to create a Cash Prediction and during such period the End-User does not have any cash vote(s) applied to any Cash Prediction.

7. As part of FORETAL, the Gaming System Operator is required to identify and authenticate any End-User withdrawing any amount over €2300. The End-User agrees to offer all reasonable assistance to, and to cooperate with, the Gaming System Operator as part of any such identification or authentication process.

8. Each End-User may only have one cash account. No End-User may transfer funds from his account to the cash account of any other End-User.

9. End-Users are not allowed to collude in their use of FORETAL: collusion is when two or more players attempt to bet in a fashion that allows added gains. Additionally, End-Users are not allowed to use any software program which, in the Gaming System Operator's opinion, is endowed with artificial intelligence ("AI Software") in connection with the End-User's use of FORETAL. In the event that the Gaming System Operator deems that any End-User has been engaged in collusion, or that AI Software has been used by any End-User, the Gaming System Operator reserves the right to take any action it sees fit, including immediately blocking access to FORETAL to the offending End-User, and terminating such End-User's account.

FORCE MAJEURE

1. The Gaming System Operator shall have no liability to the End-User 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 (other than payment) under this Agreement.

USER INFORMATION & PRIVACY

1. Once registered as a member of FORETAL the End-User will be required to access the End-User's membership details on FORETAL by means of the End-User's user name and password (collectively the "Sign-In Data"). The End-User is solely responsible for the security and protection of the Sign-In Data. The End-User will take all necessary and reasonable steps to protect the Sign-In Data from disclosure. The End-User will not divulge the Sign-In Data to any third party nor write it down in any form that may jeopardise its confidentiality. The End-User will not permit any third party to use the End-User's Sign-In Data in order to access the Software or FORETAL, whether authorised or not without the express written consent of the Gaming System Operator Games and provision of an appropriate power of attorney and indemnity. The Gaming System Operator regards a commitment to strong and robust passwords as a crucial aspect of its overall effort to ensure that FORETAL is secure and safe to enjoy. Accordingly, in formulating a password the End-User should:
   i.  ensure that the password has a minimum eight letter character length;
   ii.  ensure that the password contains a combination of letters, numbers and (ideally) special characters as well;
   iii.  ensure that the password contains mixed-case letters: ideally, the first letter of a password should not be uppercase;
   iv.  create a password that can be typed quickly, and never use a password so complicated that it has to be written down;
   v.  never create a password derived from a user name, or which uses a predictable word or number pattern or uses personal information easily obtained.

2. The End-User is solely responsible, liable and accountable for all use or access of FORETAL or the Software (including all Cash Predictions and votes made) through the End-User's Sign-In Data and the End-User will be solely liable for any losses, damages, costs or expenses that occur due to the use by, or disclosure of the Sign-In Data to, others, whether authorised by the End-User or not.

3. The Gaming System Operator does not generally provide details of the End-User's Account to third parties, however, it reserves the right and the End-User explicitly consents to allow it to:
   (i) disclose information in accordance with the FORETAL Privacy Policy for which purpose the End-User hereby explicitly re-affirms the same as if entered into with the Gaming System Operator;
   (ii) release any information with respect to the End-User's Account 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 (including without limitation to satisfy any identification and/or authentication process required in accordance with clause 5.7);
   (iii) provide details of the End-User's Account to the police or other investigatory agency pursuant to a request issued by them;
   (iv) provide details of the End-User's Account to the End-User's credit card issuer, bank or credit reporting agency for the purpose of conducting a credit investigation;
   (v) provide details to a credit reporting agency where the User has failed to pay a disputed transaction(s) and evidence exists to substantiate the transaction(s);
   (vi) seek verification of any information provided by the End-User in relation to the End-User's Account; and
   (vii) take all such steps and do all such things as its Privacy Policy and terms and conditions may permit it to do.

PERSONAL DATA

1. The Gaming System Operator will need to collect personal information and data ("Personal Data") from the End-User in order to allow the End-User to access and use FORETAL and the Software. By using FORETAL and the Software and communicating electronically with the Gaming System Operator, the End-User acknowledges and consents to the Gaming System Operator processing the End-User's Personal Data in the ways set out in this Clause 8 and in the Privacy Policy. The Privacy Policy is incorporated by reference into this Agreement.

ERRORS & OMMISSIONS

1. In the event of any discrepancy between the prediction results recorded on the End-User's computer and the results recorded on the Gaming System Operator's server for FORETAL, the results on the Gaming System Operator's server for FORETAL shall be final and binding. If there is any discrepancy between the End-User's on-screen display and the balance in the End-User's FORETAL Account, the balance held on the Gaming System Operator's server is deemed to be the balance in the End-User's Account and this determination shall be final and binding. The End-User will forfeit any amounts shown to be in the End-User's Account that result from human error or technical default.

2. If the End-User is incorrectly awarded any winnings as a result of (a) any human error on the part of the Gaming System Operator or (b) any bug, defect or error in the Software or (c) the failure of FORETAL or the Software to operate in accordance with the Gaming System Rules then the Gaming System Operator will not be liable to pay the End-User any such winnings and the End-User agrees to refund any such winnings that may have been paid to the End-User as a result of such error or mistake.

3. The Gaming System Operator and its respective licensees, distributors, parents, subsidiaries, affiliates, the Software Licensor and all of its 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.

CHANGES TO THIS AGREEMENT

1. The Gaming System Operator shall be entitled to modify, restate or amend any of the terms and conditions of this Agreement, the Gaming System Rules, or any ancillary rules and terms applicable from time to time. These terms and conditions were last updated on 29^th April 2008. In the event the Gaming System Operator makes any significant changes to these terms and conditions it will take appropriate steps to bring such changes to the End-User's attention, such as by posting a copy of the change, modification, restatement or amendment on a prominent position on the FORETAL site.

2. A copy of this Agreement, as updated from time to time, is available for the End-User's review at any time on FORETAL's web site at www.foretal.com. It is the End-User's responsibility to check the terms and conditions of this Agreement and the FORETAL Gaming System Rules, Privacy Policy, Comments Policy and Responsible Gaming Policy from time to time.

3. If the End-User use or continue to use FORETAL or the Software after the posting of any change to this Agreement, or the Gaming System Rules, the End-User will be deemed to have accepted the change whether or not the End-User has chosen to read any notice posted about the change.

NO WARRANTIES & LIMITED LIABILITY

1. FORETAL AND THE SOFTWARE ARE PROVIDED TO THE END-USER "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 GAMING SYSTEM OPERATOR DOES NOT WARRANT THAT THE OPERATION OF FORETAL OR THE SOFTWARE WILL MEET THE END-USER'S REQUIREMENTS OR BE UNINTERRUPTED 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 FORETAL AND THE SOFTWARE LIES WITH THE END-USER. IN ADDITION, ANY SECURITY MECHANISMS IMPLEMENTED IN FORETAL OR IN THE SOFTWARE HAVE INHERENT LIMITATIONS, AND THE END-USER MUST DETERMINE THAT THEY MEET THE END-USER'S REQUIREMENTS.

2. THE MAXIMUM LIABILITY OF THE GAMING SYSTEM OPERATOR TO THE END-USER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR THE END-USER'S USE OF FORETAL AND/OR THE SOFTWARE WHETHER FOR BREACH OF CONTRACT, EQUITABLE DUTY OR IN TORT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, THE END-USER PAID TO ACCESS FORETAL. THE GAMING SYSTEM OPERATOR'S MAXIMUM LIABILITY TO THE END-USER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR THE END-USER'S USE OF ANY GAMES OFFERED BY FORETAL AND/OR THE SOFTWARE WHETHER FOR BREACH OF CONTRACT, EQUITABLE DUTY OR IN TORT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, THE END-USER PAID TO USE FORETAL AND/OR THE SOFTWARE.

3. IN NO EVENT WILL THE GAMING SYSTEM OPERATOR, ITS LICENSEES, DISTRIBUTORS, PARENTS, LICENSORS, SUBSIDIARIES, AFFILIATES AND ALL OF ITS OFFICERS, DIRECTORS AND EMPLOYEES, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING FORETAL OR THE SOFTWARE, 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 FORETAL OR THE SOFTWARE. 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), INTERRUPTIONS, LOSS OF DATA, INACCURATE RESULTS, OR DELAYS, HOWSOEVER ARISING, EVEN IF THE GAMING SYSTEM OPERATOR RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCEPTING THIS AGREEMENT, THE END-USER ACKNOWLEDGE THAT THE NOMINAL FEE, IF ANY, REFLECTS THIS ALLOCATION OF RISK.

4. ANY ALLOWABLE CLAIM, IF ANY, WHICH THE END-USER MAY BRING AGAINST THE GAMING SYSTEM OPERATOR MUST BE BROUGHT NO LATER THAN SIXTY DAYS AFTER THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND THE END-USER HEREBY WAIVE ANY RIGHT TO BRING ANY CLAIM NOT BROUGHT WITHIN SUCH PERIOD.

5. IF THE END-USER IS USING ANY THIRD PARTY EQUIPMENT, SOFTWARE OR SERVICES (COLLECTIVELY, THE "THIRD PARTY GOODS/SERVICES") IN CONNECTION WITH THE END-USER'S USE OF FORETAL OR THE SOFTWARE, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH THIRD PARTY GOODS/SERVICES RESTS WITH THE END-USER. SHOULD SUCH THIRD PARTY GOODS/SERVICES PROVE DEFECTIVE, THE END-USER ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS.

6. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR DEATH NOR FOR REPRESENTATIONS MADE FRAUDULENTLY.

END-USER INDEMNITY

1. The End-User shall defend, indemnify, and hold the Gaming System Operator, its parents, subsidiaries, partners, the Software Licensor (including anyone else involved in creating, producing or delivering FORETAL or the Software), 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 the End-User's misuse of FORETAL or the Software, any breach of this Agreement by the End-User or as a result of the End-User's acts or omissions.

HELP SERVICES

1. The Gaming System Operator shall use reasonable commercial efforts to ensure that:
   (i)  FORETAL and the Software shall be available seven days a week, twenty-four hours a day; and
   (ii)  any queries or requests for help or assistance in relation to any aspect of Foretal should be directed by email to help@foretal.com.

2. 2. Notwithstanding the foregoing, the Gaming System Operator shall not be liable for any damages and losses that the End-User or any third party may incur as a result of the Gaming System Operator's failure to provide FORETAL or the Software other than as expressly provided in clause 11.6 above.

GENERAL

1. Nothing in this Agreement is intended to or shall operate to create a partnership, joint venture, trust arrangement, agency or fiduciary relationship of any kind between the Parties. Nothing in this Agreement shall be construed so as to grant the End-User any security interest whatsoever in the assets of Gaming System Operator or the Software Licensor.

2. 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.

3. The End-User permits the Gaming System Operator to audit the End-User's compliance with this Agreement, as the Gaming System Operator deems necessary in its sole discretion at any time for any reason. The End-User will send all communications required in connection with any matter relating to this Agreement and/or any services provided hereunder by the Gaming System Operator 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 Gaming System Operator upon actual receipt thereof.

4. The terms and conditions of this Agreement that by its sense and context are intended to survive after performance hereunder shall survive the termination or expiration of this Agreement.

5. The Agreement terms may be revised from time to time by the Gaming System Operator and updated to the live website environment; the End-User's continued use of FORETAL shall constitute acceptance of any such revised terms.

6. 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.

7. This Agreement constitutes the entire agreement between the Parties relating to FORETAL, and supersedes any prior understandings, representations (other than those made fraudulently), agreements or commitments, whether written or oral between the Parties.

8. In the event the Gaming System Operator needs to contact the End-User or give the End-User formal notice under this Agreement it will make such contact or give notice by any reasonable means in the circumstances based on the information that it holds about the End-User or that the End-User has provided it with. Such contact or notice may be by email, letter, fax, other electronic communication or otherwise. If the Gaming System Operator uses the details that it holds on the End-User to serve notice then the End-User will be deemed to have received the notice within a reasonable time after the Gaming System Operator sends it. The End-User agrees that the End-User will notify the Gaming System Operator if the End-User's contact details change.

9. The Gaming System Operator shall not be liable to the End-User for any failure to comply with its obligations under this Agreement to the extent that such failure is beyond its reasonable control.

10. The End-User may not assign this Agreement to any third party without the Gaming System Operator 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.

11. The End-User acknowledges and agrees that it is reasonable that the Gaming System Operator may assign, transfer or novate any or all of its rights and obligations under this Agreement to any third party at any time with or without notice to the End-User. In the event the Gaming System Operator assigns, transfers, or novates its rights and obligations under this Agreement to a new gaming system operator (New Operator) the End-User shall be deemed to have agreed and consented to any such assignment, transfer or novation (whether or not such agreement or consent is legally required) and to have waived all requirements for observance of any legal formalities in relation thereto by virtue of and in consideration of the End-User's use and/or continued use of FORETAL or the Software after the date notice of such novation has been posted on the FORETAL site. The End-User will be deemed to have accepted the assignment, transfer or novation on the date of such assignment, transfer or novation (Effective Date) whether or not the End-User has chosen to read any notice posted on the FORETAL site concerning such assignment, transfer or novation and thereby released the Gaming System Operator from its obligations under this Agreement as from the Effective Date (save in respect of any pre-existing claims in relation to matters arising prior to the Effective Date) and discharged the Gaming System Operator in relation to all future claims and demands whatsoever in respect to the terms of this Agreement and accepted the liability of the New Operator under the Agreement from the Effective Date.

12. The original text of this Agreement is in the English language 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.

13. No claims or disputes will be considered more than twelve weeks after the date of the original transaction. An End-User wishing to make a complaint regarding FORETAL must submit his complaint in writing as soon as is reasonably practicable to the FORETAL customer services team at contact@foretal.com or at the following address: 30 Princess Elizabeth Street, Ta'Xbiex MSD 11, Malta.

LAW & JURISDICTION

1. This Agreement shall be governed by the laws of Malta as are in force from time to time. By accepting this Agreement, the End-User agrees to submit to the jurisdiction of Malta or such other country as the Gaming System Operator may in its sole discretion choose as the appropriate venue to determine any disputes arising out of, or connected with, this Agreement. Nothing in this clause shall prevent the Gaming System Operator from applying to the courts of any other jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.