I. INTRODUCTION
The Vegas Rewards Gaming are intended for use only by those 21 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 these Games. Practice or success at Vegas Rewards Gaming does not imply future success at real-money gambling.
These Terms of Service (“Terms”) is an agreement between you (“you” or “user”) and Vegas Rewards Gaming. These Terms govern your access and use of the Games available through and/or interactive features, applications, widgets, blogs and mobile applications, and their respective contents, 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 Vegas Rewards Gaming, 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 Games, you certify that you are at least 21 years of age or older (or the age of majority in your jurisdiction, if applicable, but in no event younger than 21 years old) and have the legal capacity to enter contracts. We reserve the right to verify age at any time.
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 Vegas Rewards Gaming mobile applications. Normal carrier charges and taxes may apply to any content you obtain from the Services. The Vegas Rewards Gaming 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.
Use of the Services is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using the Services, you acknowledge that you have read, and you agree to be bound by, the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services, account registration, and any other personal information provided by you in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in these Terms.
III. COPYRIGHT; TRADEMARKS; LICENSE; RESTRICTIONS
You acknowledge that the Services and all content and other materials on the Services, including the Services’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of the Vegas Rewards Gaming or its licensors, and are subject to and protected by applicable 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 Materials 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 Vegas Rewards Gaming or the respective copyright owner. The Vegas Rewards Gaming 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 Vegas Rewards Gaming 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 Vegas Rewards Gaming and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of the Vegas Rewards Gaming and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Vegas Rewards Gaming.
The Vegas Rewards Gaming will enforce its intellectual property rights to the fullest extent of the law.
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 Vegas Rewards Gaming; (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.
IV. 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 Vegas Rewards Gaming will not be responsible or liable for any content 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. Vegas Rewards Gaming 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.
Vegas Rewards Gaming 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.
V. 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, VEGAS REWARDS GAMING 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, VEGAS REWARDS GAMING 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 VEGAS REWARDS GAMING 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, VEGAS REWARDS GAMING 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 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.
VEGAS REWARDS GAMING 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 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 VEGAS REWARDS GAMING 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 VEGAS REWARDS GAMING 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 VEGAS REWARDS GAMING ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID VEGAS REWARDS GAMING 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 VEGAS REWARDS GAMING 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 APPLICABLE LAW.
VI. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vegas Rewards Gaming 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.
VII. RULES FOR SWEEPSTAKES, CONTESTS, SURVEYS, GAMES, AND SIMILAR PROMOTIONS
Any sweepstakes, contests, surveys, games or similar promotions made available through the Services may be governed by specific rules that are separate from and in addition to these Terms. By participating in any such sweepstakes, contest, survey, game or similar promotion, you will become subject to those rules, which may vary from the Agreement as set forth herein, and which are incorporated into these Terms. Vegas Rewards Gaming urges you to read the applicable rules, which may be linked from the particular activity, and to review our Privacy Policy, which, in addition to these Terms, governs any information you submit in connection with such activities.
VIII. FILTERING
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.
IX. 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.”
X. ENTIRE AGREEMENT
These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between Vegas Rewards Gaming and each user of the Services with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms.
XI. MISCELLANEOUS
The failure of Vegas Rewards Gaming 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.
The “Disclaimer; Limitation of Liability” provisions of these Terms are for the benefit of Vegas Rewards Gaming 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.
XII. SOVEREIGN IMMUNITY
Vegas Rewards Gaming retains full sovereign immunity from suit. Nothing in these Terms shall be construed as a waiver of the Vegas Rewards Gaming’s sovereign immunity.
XIII. 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”).
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.
XIV. 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 through our contact page. We will endeavor to address any issue as soon as reasonably possible.
XV. EXCLUDED PATRONS
Notwithstanding the fact that our Games are available solely for non-gaming amusement, you are prohibited from playing any of our Games 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.