Terms of Service
Hard Rock Blackjack Terms of Service
Last Updated: February 25, 2020
- I. Introduction
- II. Connectivity, Communications, Privacy
- III. Copyright; Trademarks; License; Restrictions
- IV. User Content and Conduct
- V. Links; Third-Party Websites
- VI. Game Play and Virtual Goods
- VII. Disclaimer; Limitation of Liability
- VIII. Indemnification
- IX. Accounts; Service Usage; Termination of Usage
- X. Rules for Sweepstakes, Contests, Surveys, Game, and Similar Promotions
- XI. Filtering
- XII. Applicable Law; Jurisdiction; Arbitration; Dispute Resolution
- XIII. Severability; Interpretation
- XIV. Entire Agreement
- XV. Miscellaneous
- XVI. Copyright Policy
- XVII. Contact Information
- XVIII. Excluded Patrons
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND THE COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE SECTION VII (DISCLAIMER; LIMITATION OF LIABILITY) AND SECTION XII (APPLICABLE LAW; JURISDICTION; ARBITRATION; DISPUTE RESOLUTION). IT ALSO CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT-OUT OF THE AGREEMENT TO ARBITRATE IN ACCORDANCE WITH SECTION XII(F). UNLESS YOU OPT-OUT: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The Hard Rock Blackjack Social Casino Game ("Game") is intended for use only by those 18 or older (and have the legal capacity to enter contracts), and only for amusement purposes. No actual money or anything of value can be won playing this Game. Practice or success at social casino gaming does not imply future success at real-money gambling.
These Terms of Service ("Terms") is an agreement between you ("you" or "user") and Seminole Hard Rock Entertainment, Inc., and its respective parents, subsidiaries, and affiliates (collectively, "the Company", "we", or "us"). These Terms govern your access and use of the Game available through and/or developed by KamaGames, interactive features, applications, widgets, blogs and mobile applications, and their respective contents, the acquisition and use of virtual goods and virtual currency, communications (including e-mails) and User Content (defined below) whether accessed via computer, mobile device or other technology, and which are available through various websites (including without limitation hardrocksocialcasino.com, seminolesocialcasino.com, and other websites or web pages on which these Terms are posted, unless other or additional terms and conditions are posted or otherwise apply or are agreed upon in individual cases) (collectively, the "Services"). By using the Services, you agree to be bound by the terms and conditions contained in these Terms. If you do not agree to the terms and conditions contained in these Terms, you may not access or otherwise use the Services.
In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
By using the Services or the Game, you certify that you are at least 18 years of age or older (or the age of majority in your jurisdiction, if applicable, but in no event younger than 18 years old) and have the legal capacity to enter contracts. We reserve the right to verify age at any time. In addition, you are not permitted to access and play the Game or use the Services in any jurisdiction where such access and use is illegal or prohibited, or if you reside in a country that is on the United States embargo countries list (collectively, "Excluded Jurisdictions"). Persons on the US Department of Treasury Specially Designated Nationals or Blocked Persons Lists are also not permitted to use the Services. We further reserve the right to terminate the Services in whole or in part, or to terminate or deny access to the Services by any individual, at any time in our discretion.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE SECTION XII BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT OUT IN ACCORDANCE WITH SECTION XII BELOW.
II. CONNECTIVITY, COMMUNICATIONS, PRIVACY
You are responsible for obtaining and maintaining all equipment and mobile, cellular and data services needed for access to and use of the Services as well as paying related charges such as data usage, message fees and other charges from your wireless or internet provider. You must have an internet-enabled cell phone or device using either the iOS or Android operating system in order to access the Company’s mobile applications. Normal carrier charges and taxes may apply to any content you obtain from the Services. The Company is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services.
You expressly agree that, as part of the Services, you may receive communications by push notification and/or email using automated technology, including promotional communications from time to time. A purchase is not required to opt in to receiving such promotional communications. You may stop receiving promotional alerts via email by clicking the unsubscribe links contained in such emails or by disabling push notifications on your mobile device. You may not opt out of service-related emails.
III. COPYRIGHT; TRADEMARKS; LICENSE; RESTRICTIONS
You acknowledge that the Game and Services and all content and other materials on the Game and Services, including the Game’s and the Services’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of the Company or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials, the Game or the Services through these Terms or otherwise. All rights to Materials, Game and Services not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means without the prior written authorization of the Company or the respective copyright owner. The Company authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Services are the sole property of the Company and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of the Company and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company.
The Company will enforce its intellectual property rights to the fullest extent of the law.
In addition, the Company may offer a mobile application ("App") for use in connection with the Game and Services. The App is the property of the Company or its licensors, and is subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through these Terms or otherwise. All rights to the App not expressly granted in these Terms are reserved to their respective copyright owners. Provided you are in compliance with these Terms, we grant to you a non-exclusive, non-transferable personal license to download the App onto a single mobile device and to access and use the Services solely for purposes of playing the Game and using the Services in accordance with these Terms. If you download the App from a third-party mobile app store ("App Store"), you agree to abide by the terms and conditions of the App Store and agree that the App Store shall have no liability for the App or your use of the Services.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Company; (iii) decompile, reverse engineer or disassemble the Services or the App except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
A number of items that have cultural, social, and historic significance are included in the Game. The names, images, and items associated with persons, bands, organizations, entities, activities, products, or services related to the music and entertainment industries are offered for social and cultural reference, historic reference and educational purposes only. They document important aspects of our shared history. The appearance or use of any names, images, and items: (1) DOES NOT MEAN THAT ANY PERSON, BAND, ORGANIZATION OR ENTITY WITH WHOM THEY ARE ASSOCIATED ENDORSES, APPROVES, OR IS OTHERWISE ASSOCIATED WITH THIS VENUE, SITE, GAME, SERVICE OR ACTIVITY, OR ENDORSES OR IS OTHERWISE ASSOCIATED WITH THE OWNERS OR PROVIDERS OF ANY OF THEM; and (2) does not mean that the owner, creator or provider of this venue, site, game, service or activity endorses specific ideas, works, statements, beliefs, or activities, or is otherwise associated with, any person, band, organization or entity whose contributions to the music and entertainment industry are acknowledged by the use of their names, images, and items associated with them.
IV. USER CONTENT AND CONDUCT
Where applicable at the Services (e.g., on message boards), you are invited to post your own content ("User Content"). You understand that all User Content, whether you have publicly posted on a forum, posted as part of your profile, or privately transmitted to another Services user or to us, is your sole responsibility. Though the Services are designed to be a safe place to share such User Content, the Company cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including, but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Services. THE COMPANY IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SERVICES.
By posting any User Content to the Services, you hereby grant the Company a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any "moral rights" in and to the User Content to the maximum extent permitted by law. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this Section IV and that the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Services.
You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; enforce these Terms; respond to claims that any User Content violates the rights of third parties; or protect the rights, property, or personal safety of the Company, its users and the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in these Terms and further agree that each of these conditions applies forever and broadly with regard to the Company worldwide. Posting of User Content to or through the Services, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. The Company shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Services. THE COMPANY SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SERVICES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Services to:
(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including, without limitation, nudity and depiction of drug use);
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(k) "stalk" or otherwise harass another;
(l) collect or store personal information or data about other Services users, or disclose another user’s personal information or data to any third party;
(m) solicit personal information or data from anyone under 18 years of age; and/or
(n) "bot," "hack," "crack," or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services.
You understand that by using the Services, you may be exposed to User Content created by others that is offensive, indecent or objectionable. The Company does not endorse or have control over what is posted as User Content. User Content is not reviewed by the Company prior to posting and does not reflect the opinions or policies of the Company. The Company makes no representations or warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Services. The Company assumes no responsibility for monitoring the Services for inappropriate submissions or conduct, but reserves the right to do so. If at any time the Company chooses, in its sole discretion, to monitor the Services, the Company nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Services users submitting any such User Content.
Notwithstanding the foregoing, the Company and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including, but not limited to, User Content that violates these Terms or is otherwise objectionable, in the Company’s sole discretion. You agree that you must evaluate and bear all risks associated with the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. The Company may store User Content indefinitely. However, the Company has no obligation to store User Content or make it available to you in the future.
You are solely responsible for your interactions with other Services users. The Company reserves the right, but has no obligation, to monitor disputes between you and other Services users. The Company reserves the right to terminate your Services access if the Company determines, in its sole discretion, that doing so is prudent.
You may submit reviews or other feedback using forms on the Services. Any comments, suggestions, or feedback relating to the Services (collectively "Feedback") submitted to the Company shall become the property of the Company. The Company will not be required to treat any Feedback as confidential and will not be liable for any ideas (including, without limitation, product, application, site, Services or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Services, or operations, in the future.
Without limitation, the Company will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever Feedback or other material you submit, and you, not the Company, have full responsibility for the Feedback or other material, including its legality, reliability, appropriateness, originality and copyright.
V. LINKS; THIRD-PARTY WEBSITES
Links on the Services to third-party websites and applications may be provided as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third-party websites or applications are solely between you and such third parties. You agree that the Company and its Affiliated Parties (as defined in Section VII below) will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use of or inability to use such websites or applications.
You use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third-party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. The Company expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appears on any third-party website or application.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of or purchases from, advertisers or third-party applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third-party application provider. You agree that the Company and its Affiliated Parties (as defined in Section VII below) shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-party-application providers on the Services.
The Company is not responsible for any product or service (including third-party applications) sold on or through the Services or any claims of quality or performance made on or through the Services.
VI. GAME PLAY AND VIRTUAL GOODS
The Services offer the ability of users to play the Game, which may be subject to additional rules and policies issued by the Company. You agree to abide by such rules and policies in any Game. You agree not to engage in any cheating, fraudulent or unsportsmanlike behavior or use any software, code or device that gives you an unfair advantage in any Game. Any violation of such rules and policies or Game rules shall be grounds for your disqualification from such Game and termination of your license to use the Services or Materials.
The Services may include an opportunity to purchase Virtual Goods (as defined below), using real-world money or otherwise. Virtual Goods may include in-game currency and/or other virtual items ("Virtual Goods"). A Virtual Good is a set of rights to digital items, as licensed by the Company. The Company grants you a limited, non-transferrable, revocable license to use the Virtual Goods, solely for use with the Services and within the scope of and in accordance with conditions established by Company for any given game. Regardless of any terminology used in connection with the Services, you do not own any of the Virtual Goods or acquire any rights therein other than as expressly set forth herein. The Virtual Goods are for entertainment purposes only and have no monetary value. Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from the Company or any other party. You understand that you have no right or title in Virtual Goods other than the extent of your limited license. Virtual Goods have no economic value and provide no economic advantage or gain to the user.
Any purchase of a limited license for Virtual Goods is final and is not refundable, exchangeable, or transferable, except in the Company’s sole discretion. You may not purchase, sell, or exchange Virtual Goods outside the Services. You do not own and shall not transfer your account to any third party. Any purported transfer of Virtual Goods or your account shall be void. Doing so is a violation of these Terms and may result in termination of your account with the Services and/or legal action. If you violate these Terms or if for any other reason your account is terminated, your license to the Virtual Goods shall be immediately terminated, without any compensation to you.
The Virtual Goods offered shall be at the discretion of the Company and Company reserves the right to change, reduce and/or increase the offer of Virtual Goods, and to adjust the prices or methods of acquisition of Virtual Goods at any time without giving a reason. Furthermore, Company is entitled, at its sole discretion, to cease offering Virtual Goods or making them available free of charge or for a fee. In exercising that right, Company shall have no liability to you for any perceived change in value of the Virtual Goods. You shall not be entitled to any compensation should the Virtual Goods licensed to you be withdrawn, or provided upon different conditions, regardless of whether said Virtual Goods are offered on a temporary or permanent basis.
The Company retains the right to modify, manage, control and/or eliminate your limited license with respect to Virtual Goods at its sole discretion. Prices and availability of limited licenses for Virtual Goods are subject to change without notice.
Company reserves the right, at its own discretion, to refuse the allocation of Virtual Goods or to set limitations on the quantities of Virtual Goods or on the total amount of any Virtual Goods transaction. In case of suspicion of fraud, violation of laws or of these Terms, Company has the right to freeze acquisition processes and the related payment transactions until the situation has been clarified.
VII. DISCLAIMER; LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COMPANY, ITS OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND OTHER REPRESENTATIVES AND THE COMPANY’S LICENSEES, SERVICE PROVIDERS, VENDORS AND BUSINESS PARTNERS, INCLUDING PROVIDERS OF SOCIAL CASINO PLATFORMS (COLLECTIVELY, "THE COMPANY AND ITS AFFILIATED PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COMPANY AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY AND ITS AFFILIATED PARTIES OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL SERVICES AND PRODUCTS PURCHASED AND OBTAINED ON OR THROUGH THE SERVICE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES (INCLUDING VIRTUAL GOODS AND SERVICES OR THIRD-PARTY APPLICATIONS) LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT OR SERVICE DEFECT OR FAILURE, SERVICE OR PRODUCT MISUSE, SERVICE OR PRODUCT ABUSE, SERVICE OR PRODUCT MODIFICATION, IMPROPER SERVICE SELECTION AND NON-COMPLIANCE WITH ANY WRITTEN DIRECTIONS.
THE COMPANY AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES; (III) FOR ANY DEFECTIVE PRODUCTS OR SERVICES; (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION; (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VII) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD-PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE PRODUCTS, THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM THE COMPANY ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless the Company and its Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Services, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Services (including User Content and Feedback), your breach of these Terms, your infringement or violation of any rights of another, or termination of your access to the Services.
IX. ACCOUNTS; SERVICE USAGE; TERMINATION OF USAGE
If you provide information on the Services (including through Facebook), you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Services, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or the Company has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, the Company has the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you. You are limited to one account with the Company, and you may not use false or fictitious names or use multiple email addresses to create multiple accounts with the Company . In addition, you may not merge your accounts for any purposes, including to gain an unfair advantage in Game play.
You are responsible for maintaining the confidentiality of the password(s) and account(s) you may create and are fully responsible for all activities that occur under your password(s) and account(s). The Company reserves the right to refuse registration of, or cancel, a username in its sole discretion. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all actions resulting from the use of your account on the Services, including actions resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying the Company. The Company and its Affiliated Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. You agree not to post on or transmit through the Services any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.
You further agree that you will not access the Services by any means except through the interface provided by the Company for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services without the prior written authorization of the Company is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of the Company is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.
This Agreement is effective unless and until terminated by either you or the Company. You may terminate these Terms at any time, provided that you discontinue any further use of the Services. The Company also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the Services, for any reason, including without limitation, if in the Company’s sole discretion you fail to comply with any term or provision of these Terms or your use is harmful to the interests of another user or the Company and its Affiliated Parties. Upon any termination of the Agreement by either you or us, you must promptly uninstall any mobile applications you obtained through the Services and destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under the Agreement or otherwise. Additionally, upon termination, all achievements that a user has acquired may, in Company’s sole discretion, be terminated and forfeited. You have no property rights in any achievements. As to Virtual Goods, upon termination, your limited license and access to those Virtual Goods will be terminated and forfeited and you will have no further rights associated with the Virtual Goods and no right to compensation for any perceived value thereof, even if you paid actual money to acquire them
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms, you agree that the Company and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
You agree that the Company may terminate or suspend your access to all or part of the Services, without notice, for any conduct that the Company, in its sole discretion, believes is in violation of these Terms or any applicable law or is harmful to the interests of another user or the Company and its Affiliated Parties.
In the event any account is inactive for a period of six (6) months, the Company reserves the right to terminate such account and/or cancel any accumulated Virtual Goods, points or other online balance associated with such account.
The restrictions, but not the licenses to you in Section III, and Sections IV, V, VII through IX and XII through XVII shall survive any termination of these Terms.
X. RULES FOR SWEEPSTAKES, CONTESTS, SURVEYS, GAMES, AND SIMILAR PROMOTIONS
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafeonline.org.
XII. APPLICABLE LAW; JURISDICTION; ARBITRATION; DISPUTE RESOLUTION
(a) U.S. Site. The Services are controlled and operated by the Company from within the United States of America. The Company makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. You agree that you will not access the Services from the Excluded Jurisdictions or any territory where its contents are illegal, and that you, and not the Company and its Affiliated Parties, are responsible for compliance with applicable local laws. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services, or any copy or adaptation of such content, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
(b) Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida, as they are applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
(c) Initial Dispute Resolution. We are available by email at email@example.com to discuss any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
(d) Binding Arbitration Agreement. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section XII(c) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other, and/or your use of the Services, except for claims by the Company for injunctive relief or claims for violations of the Company’s intellectual property rights in the Services ("Excluded Claims"), shall be finally settled by binding arbitration administered by the American Arbitration Association (the "AAA") in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision. The arbitration shall take place in Broward County, Florida.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of filing fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary filing fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorneys’ fees in certain cases.
The parties understand that, absent this mandatory provision, they would have the right to sue in court. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(e) Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(f) Thirty (30) Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of your decision to opt out to the following address:
Seminole Hard Rock Entertainment, Inc.
6100 Old Park Lane,
Orlando, FL 32835
Attention: General Counsel
The notice must be sent within thirty (30) days of creation of an account via the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, we also will not be bound by them.
(g) Exception - Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(h) Exclusive Venue for Litigation. Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, and for all Excluded Claims, the parties agree that any litigation between them shall be filed exclusively in the federal district court for the Southern District of Florida, or, if federal subject matter jurisdiction is lacking, then in the state courts located in Broward County, Florida. The parties expressly hereby consent to exclusive jurisdiction in the aforesaid courts for any litigation, hereby also consent to personal jurisdiction in said courts for any litigation, and waive, for all purposes, their right to challenge the lack of personal jurisdiction of said courts over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Services, and (b) any acts or omissions of the Company in connection with these Terms or the Services.
XIII. SEVERABILITY; INTERPRETATION
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these Terms, the term "including" shall be deemed to be followed by the words "without limitation."
XIV. ENTIRE AGREEMENT
The failure of the Company and its Affiliated Parties to insist upon strict adherence to any term of these Terms shall not constitute a waiver of such term or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of these Terms.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "Disclaimer; Limitation of Liability" provisions of these Terms are for the benefit of the Company and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
XVI. COPYRIGHT POLICY
We respect the intellectual property rights of others and require that Services users do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). Our Designated Agent is:
Hard Rock Cafe International (USA), Inc.
6100 Old Park Lane
Orlando, Florida 32835
Attn: General Counsel
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.
XVII. CONTACT INFORMATION
If you have any comments, questions or complaints regarding these Terms or the Services, or wish to report any violation of these Terms, please contact us at firstname.lastname@example.org. We will endeavor to address any issue as soon as reasonably possible.
XVIII. EXCLUDED PATRONS
Notwithstanding the fact that our Game are available solely for amusement, without the ability to win any real money or anything of real value, you are prohibited from playing any of our Game if you are on any patron self-exclusion list or other patron exclusion list of any jurisdiction applicable to you, which includes any statutory or regulatory exclusion lists or directories where individuals named therein are legally prohibited from playing casino games.
If you or someone you know has a gambling problem, crisis counseling and referral services can be accessed by calling the National Problem Gambling Helpline at 1-800-522-4700.