Last updated August 14, 2014
Welcome to our Vegas Games® online casino! We offer online casino games for mobile and non-mobile devices and casino game entertainment applications
with online features and functionality (each an “App” and, collectively, the “Apps”) that are distributed by third-party resellers,
retailers, distributors, social networking platforms and websites, and other authorized resellers, distributors and licensees, and
that can be enjoyed on your PC, tablet, smart phone, or other mobile or non-mobile device. In conjunction with our Applications,
we provide or otherwise make available a number of related services, including, but not limited to, online gameplay, transactions
(including purchases), downloads, streaming, and other original and third-party content and other materials (collectively, the “Service”).
The Service is available through our company website at www.vegasgames.com (the "Site"), through various third-party social networking platforms
and websites (each an “SNS”), and/or through the Applications when used on your mobile or non-mobile device. The Site is owned and operated by
Vegas Games Inc., a Nevada Corporation (hereinafter “Vegas Games” or the “Company” or “VG” or “us” or “we”); however, certain technologies, software
and content materials incorporated and/or displayed within the Site may be owned by third-parties that are licensors, licensees, or otherwise doing
business with Vegas Games or one or more of its affiliates.
THESE TERMS OF SERVICE ARE A BINDING LEGAL AGREEMENT BETWEEN YOURSELF (“YOU” OR “YOUR”) AND Vegas Games REGARDING YOUR USE OF THE APPS, THE SERVICE, AND THE SITE. PLEASE READ AND REVIEW THESE TERMS OF SERVICE, INCLUDING THE COMPANY’S PRIVACY POLICY, THOROUGHLY AND CAREFULLY BEFORE ACCESSING OR USING ANY PART OR ASPECT OF THE APPS, THE SERVICE, OR THE SITE.
BY ACCESSING, DOWNLOADING, INSTALLING OR USING THE SERVICE, REGISTERING WITH Vegas Games OR ANY OF ITS AFFILIATES, OR DOWNLOADING, INSTALLING, STREAMING OR OTHERWISE USING ANY OF OUR APPS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, AND SHALL BE DEEMED TO HAVE PROVIDED YOUR CONSENT, TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF SERVICE AND ANY ADDITIONAL MATERIALS INCORPORATED HEREIN BY REFERENCE (E.G., VG’S PRIVACY POLICY, LEGAL NOTICES, ETC.), INCLUDING, WITHOUT LIMITATION, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND THAT YOU MEET SPECIFIED AGE REQUIREMENTS.
Vegas Games RESERVES THE RIGHT TO AMEND THESE TERMS OF SERVICE AT ANY TIME AND FROM TIME TO TIME AT OUR SOLE DISCRETION, AND SO WE ENCOURAGE YOU TO REVIEW THE TERMS OF SERVICE REGULARLY. YOU AGREE TO CHECK www.vegasgames.com TERM_SERVICES.HTM PERIODICALLY FOR NEW INFORMATION AND UPDATED TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE APPS, THE SERVICE, AND THE SITE. REVISIONS TO THE APPLICABLE TERMS OR CONDITIONS APPLICABLE TO THE SERVICE SHALL BE EFFECTIVE THIRTY (30) DAYS AFTER POSTING AT www.vegasgames.com TERM_SERVICES.HTM. THE TERMS AND CONDITIONS FOR ANY NEW FEATURES, FUNCTIONALITY, PARTS AND/OR OTHER ASPECTS OF THE SERVICE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING AT www.vegasgames.com TERM_SERVICES.HTM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT ACCESS OR USE ANY OF Vegas Games' APPLICATIONS, THE SERVICE, OR THE SITE. YOUR CONTINUED USE OF THE SITE, THE SERVICE, OR ANY OF OUR APPS WILL BE DEEMED TO INDICATE AND CONFIRM THAT YOU EXPRESSLY AGREE AND CONSENT TO ANY THEN-EFFECTIVE UPDATES AND/OR OTHER MODIFICATIONS TO THESE TERMS OF SERVICE.
Subject to your compliance with the terms and conditions of this Terms of Service Agreement (hereinafter the "Terms of Service," this “Agreement” or the “TOS”), Vegas Games grants you a personal, non-exclusive, limited license to use the Vegas Games Apps, Service, or Site solely for your personal enjoyment and not, directly or indirectly, in any commercial manner or otherwise as part of any separate commercial enterprise or endeavor. In this Agreement, "Vegas Games" means Vegas Games Inc., with offices located at 850 Stanton Road, Burlingame CA 94010 U.S.A.
The Apps, the Service, and the Site are the exclusive property of Vegas Games. Any and all rights that are not expressly granted herein are hereby reserved by Vegas Games. Subject to your compliance with these Terms of Service, including VG’s Privacy Policy, and the licenses granted to you by Vegas Games, you are offered the limited right to access and use the Apps, the Service and/or the Site (as applicable).
Under the terms and conditions of these Terms of Service, Vegas Games offers users the ability to access and use the Apps, the Service, the Site, including, without limitation, the right to download and/or otherwise procure content, special benefits, features or functionality, Virtual Currency and Virtual Items (both as defined below); access and participate in chatrooms and forums; provide feedback; and/or otherwise interact and help improve end users’ experiences with the Apps, the Service, and the Site. By using the Apps, the Service, the Site, and/or registering with Vegas Games and creating an Account (as defined below), you agree to be bound by these Terms, which include, but are not limited to, a limit on and exclusion of damages and remedies available to you, and the selection of California law and jurisdiction in Santa Clara County, California or the Northern District of California with respect to any disputes that may arise between you and Vegas Games, and you further agree to the collection, sharing, storage, and use of your information and related data in accordance with the provisions of VG’s Privacy Policy. You may scroll down to review all of the provisions of these Terms of Service, or you may print these Terms as enabled by your browser.
If you do not agree to these Terms of Service, you are not authorized to access and use the Applications, the Service or the Site. Your decision to access and use any of our Apps, or the Service, or the Site will be deemed to indicate and to confirm for all intents and purposes that you expressly agree and consent to these Terms of Service.
As noted above, your use of the Apps, the Service, and the Site is also governed by Vegas Games’ Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. Your privacy and the safekeeping of your personal information are very important to us. We designed the Privacy Policy to present a transparent view into how we collect, store, share and use your information, submitted content and related data. Please read and review the Privacy Policy carefully, so that you have a better understanding of your options regarding your information, content and related data. Should you have any questions, please feel free to contact us at legal@vegasgames.com.
Before accessing or using any of our Apps, or the Service, or the Site you should review and must first agree to VG’s Terms of Service and consent to the collection, sharing, storage, and use of your information, content and related data as referenced in VG’s Privacy Policy. You may also be required to register or otherwise establish an account with Vegas Games in order to access and use the Apps, the Service and/or the Site (an “Account”). By registering for an Account or otherwise accessing, using, or taking advantage of any of the Apps, or the Service or the Site, you represent and warrant that you are at least 13 years of age or older, and that you understand and expressly agree to these Terms of Service and VG’s Privacy Policy. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms of Service and VG’s Privacy Policy. If you access the Service from a social networking site (e.g. Facebook, Google+, etc.), you further acknowledge and agree that you shall comply with all of such SNS’s terms and conditions of service or use in addition to your acknowledgment and agreement that you will comply with all of the terms and conditions of these Terms of Service and VG’s Privacy Policy.
It is entirely and solely your responsibility to provide or otherwise obtain any and all equipment, and any other hardware, software, technology and/or service that may be necessary in order for you to obtain access to, or use, any of our Apps, the Service and/or the Site. This includes, but is not limited to, any particular mobile or non-mobile device that is capable of accessing and using our Apps, the Service and/or the Site. In addition, you are also solely responsible for any and all fees that you incur whenever you access and use any of our Apps, the Service and/or the Site, for example, such as those associated with connecting to the Internet or concerning your use of any services offered by your wireless or mobile carrier.
BY ACCESSING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICE, REGISTERING WITH Vegas Games OR ANY OF ITS AFFILIATES, ACCESSING OR USING THE SITE, OR ACCESSING, DOWNLOADING, INSTALLING, STREAMING OR OTHERWISE USING ANY OF OUR APPS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF SERVICE AND EXPRESSLY CONSENT TO THE COLLECTION, STORAGE, SHARING, AND USE OF ANY AND ALL OF YOUR SUBMITTED INFORMATION AS REFERENCED IN VG’s PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR OTHERWISE USE ANY OF THE APPLICATIONS, THE SERVICE OR THE SITE. USE OF THE APPLICATIONS, THE SERVICE OR THE SITE IS VOID WHERE PROHIBITED BY APPLICABLE LAW.
We may elect to change, update, alter or otherwise modify these Terms of Service and/or VG’s Privacy Policy at any time and from time to time, and we hereby reserve the right to alter or change or modify these Terms of Service and the Privacy Policy, at our sole discretion and in any way that we may deem appropriate. If we decide to change these Terms of Service or Privacy Policy, we will attempt to give you notice in advance by posting through the affected Applications, or the Service, or the Site (as applicable), or by sending a message informing you of the modified terms or conditions with a link to the updated Terms of Service or Privacy Policy by email or by posting through the affected Apps, the Service, or the Site. However, we reserve the right to make changes immediately, as determined in our sole discretion. You agree to periodically check the Apps, the Service and/or the Site in order to read and familiarize yourself with any additions, deletions or other modifications to these Terms of Service and/or VG’s Privacy Policy. Any applicable changes will go into effect on the corresponding Revision Date, which shall be designated as the date displayed in the revised Terms of Service or revised Privacy Policy. Your continued use of the Apps, the Service and/or the Site will be deemed to indicate and to have confirmed that you expressly agree and consent to the terms and conditions referenced in our revised Terms of Service and/or revised Privacy Policy.
Vegas Games reserves the right to revise any of its policies, programs and procedures, at its sole discretion, at any time and from time to time. New versions of any such revisions will be made available at www.vegasgames.com or accessible through the Apps, the Service and/or the Site (as applicable).
If you do not agree to these Terms of Service or to VG’s Privacy Policy, or to any future updates or other modifications to these Terms of Service, or to VG’s Privacy Policy, or to any other changes that Vegas Games may adopt with respect to any of VG’s policies, procedures or programs, you shall no longer be authorized to access and use the Apps, the Service, and the Site, and your license to access and use the Apps, the Service and the Site shall immediately terminate, and you must immediately discontinue accessing the Apps, the Service and the Site, and cease making any further use of the Apps, the Service and/or the Site.
In the event of any inconsistency between the then-current provisions of the Terms of Service or VG’s Privacy Policy and any other policies, programs or procedures adopted by Vegas Games, the terms and conditions contained in these Terms of Service and in VG’s Privacy Policy shall take precedence over the conflicting terms or conditions, and shall be interpreted so as to govern and control the rights and obligations of the parties with respect to any such conflict.
Vegas Games reserves the right to add to, delete from, alter, change, update, and/or otherwise modify the Apps, the Service and/or the Site, at its sole discretion and with or without prior notice.
In order to ensure that you will be able to access and use the Apps, the Service and/or the Site, you may be obliged to update (at your sole risk and expense) certain third-party hardware, software,
technologies and/or services from time to time.
Subject to your full and ongoing compliance with these Terms of Service and VG’s Privacy Policy, Vegas Games grants you, in accordance with the terms and subject to the conditions contained herein and in VG’s Privacy Policy, a revocable, personal, non-exclusive, non-transferable, non-sublicensable, terminable limited license, to access and use the Apps, the Service, and the Site solely for your own personal, non-commercial entertainment purposes (the “License Rights”). You acknowledge and agree that you will not use any of the Apps, the Service and/or the Site for any purpose that is inconsistent or that would foreseeably be in conflict with the terms and conditions of these Terms of Service and VG’s Privacy Policy.
The License Rights herein granted to you are granted on condition that you must comply with these Terms of Service and with VG’s Privacy Policy whenever you elect to access and use any of our Apps, the Service and/or the Site, as well as adhere to the standards of acceptable conduct that have been adopted by Vegas Games, at any time and from time to time, in its sole discretion. We reserve the right at any time and from time to time, in our sole discretion, to deny, suspend, or terminate your ability to access and/or use any and all of our Apps, the Service and/or the Site.
You acknowledge and agree that your limited License Rights are only meant for your own, personal entertainment purposes, and do not include any resale or other commercial use or exploitation of the Apps, the Service and/or the Site. Additionally, you are prohibited from distributing, publicly performing or publicly displaying any aspect or portions of the Apps, the Service and/or the Site. You also agree that you will not participate, directly or indirectly, in any activities that are designed or otherwise intended to modify, revise, create any derivative works, or otherwise make any derivative use of any of the Apps, the Service and/or the Site (or any content materials, information or data relating to any of the foregoing). Furthermore, you shall not engage in any activity that involves the disassembly, decompilation, reverse engineering, or otherwise attempting to derive the underlying source code for any of the Apps, the Service and/or the Site (except in the event and to the extent expressly permitted by law). You represent and warrant that you shall only use the Apps, the Service and/or the Site for its/their intended purpose as expressly referenced in these Terms of Service, and that you shall not use any of the Apps, the Service and/or the Site in any manner or for any purpose that is contrary to its/their intended purpose as determined by Vegas Games in its sole discretion.
The License Rights herein granted to you by Vegas Games pursuant to this Section 1.5 of these Terms of Service include the limited right to access, download, procure and use certain content materials that are made available by Vegas Games, its affiliates and other business partners, including, but not limited to, coins, chips, and any other such forms of virtual currency (collectively, "Virtual Currency"), as well as other content materials, information and data of or concerning the Applications, the Service and/or the Site. You may also post, upload, and otherwise contribute user-generated content to the Applications, the Service and/or the Site in accordance with these Terms of Service, VG’s Privacy Policy, and other policies and guidelines that are adopted and put into effect by Vegas Games, at its sole discretion. Please review Section 6, below, for more information on User Content (as defined in said Section).
You acknowledge and agree that you do not, and at no point will you, own the Virtual Currency, Virtual Goods (as defined below), or Virtual Items (as defined below) that you elect to purchase or that you otherwise obtain in connection with the Apps, the Service and/or the Site. This also applies to any additional content materials, features, benefits and/or functionality that you obtain through transactions involving in-game items, or other acquirable content. You further acknowledge and agree that you are purchasing a license to use the Virtual Items solely within the Applications or in conjunction with the Service and/or the Site. Virtual Items that are made available as part of the Apps, the Service and/or the Site, do not have any real-world value. You are prohibited from transferring any Virtual Currency or other Virtual Items outside of the Applications, the Service and/or the Site, and any attempted or purported transfer shall be null and void and shall be a material breach of these Terms of Service. This includes any form of sublicense, trade, barter, exchange, sale, or attempt to sell or otherwise exchange any Virtual Currency or other Virtual Item(s), whether for real money or for something else (whether or not of any real world value). Engaging in any of the prohibited transactions referenced above, or attempting to engage in any such transaction, will be deemed null and void, and will result in termination of your limited license to access and use any and all of the Applications, the Service, the Site, and any and all Virtual Currency and/or Virtual Items.
Nothing in these Terms of Service or in VG’s Privacy Policy, or in any other of Vegas Games’ policies, programs, procedures or guidelines shall be construed as conferring any rights or interests in or relating to any intellectual property rights or other proprietary rights owned or controlled by Vegas Games (whether by license, implication, estoppel or otherwise), except as otherwise explicitly set forth in these Terms of Service.
Your access to and use of the Apps, the Service and/or the Site is subject to all applicable local, state, federal and international laws, statutes, treaties, directives, rules and regulations. You acknowledge and agree that you will not violate any applicable laws, statutes, treaties, directives, rules and regulations in connection with you activities in accessing and/or using any of the Applications, the Service and/or the Site. Furthermore, you agree that you will not impede, interfere with, or otherwise adversely affect any third party’s use and enjoyment of any of the Apps, the Service and/or the Site. You represent and warrant that you will not bypass, disrupt, interfere with, or attempt to bypass, disrupt, or interfere with any of the security measures employed by Vegas Games or any of its affiliates or other business partners. You further acknowledge and agree that you will not interfere with or disrupt any networks or network connections associated with any of the Apps, the Service and/or the Site, and that you will make sure that you are in full compliance with any and all terms of use, policies, requirements, rules and regulations adopted by any relevant networks and third-party service providers (as applicable). You will ensure that you are in compliance with any and all applicable laws, statutes, treaties, directives, rules and regulations regarding the transmission of information exported from the United States with respect to or relating to any and all of your activities in accessing and using the Apps, the Service and the Site. You also acknowledge and agree that you will defend, indemnify and hold harmless Vegas Games and its affiliates, and its/their respective officers, directors, employees, agents, attorneys, and representatives (collectively, “Vegas Games Representatives” or “Representatives”) from any claims, losses, liabilities, damages, costs and expense (including, without limitation, reasonable attorneys’ fees and court costs) resulting from or arising in connection with your access and use of (or inability to access and use) the Apps, the Service and/or the Site, any User Content (as defined in Section 6, below) provided by you or in connection with or otherwise attributable to any Account that you elect to establish, or your violation of these Terms of Service or VG’s Privacy Policy, or your infringement or violation of the rights or interests of any third party.
Any use of the Apps, the Service and/or the Site other than as expressly set forth herein (or as may be specifically authorized by Vegas Games in writing) is strictly prohibited. For the purpose of any required authorization, emails shall not be considered as a legally binding written agreement. If you are involved in any unauthorized and/or prohibited conduct, your License Rights to access and use the Apps, the Service and the Site (as applicable) shall thereupon terminate, and you may be additionally subject to liability for violations of any applicable laws, statutes, treaties, directives, rules and regulations.
Before accessing or using the Applications, the Service and/or the Site, you should carefully review, and you are obliged to expressly agree to, these Terms of Service and VG’s Privacy Policy. You may have to register and create an account (“Account”) through Vegas Games before you are able to access or use the Apps, the Service and/or the Site. You may also be obliged to register and create an Account with Vegas Games and/or create an account at an applicable social networking site that you choose to use in order to access and use any of the Apps, the Service and/or the Site. You must provide true, accurate, current, and complete information about yourself, and update that information immediately if any changes occur subsequent to such registration and/or the formation of any Account. The required information may vary depending on the activity and may include, by way of example, your age, birth date, name, e-mail address, passwords, payment information, etc. This information is stored and used solely in accordance with VG’s Privacy Policy and any relevant “just-in-time” notices (if applicable) provided at the time that any such information is collected from you.
You may also create a user profile that is viewable by other users of the Apps, the Service, the Site, or any other related services that may be made available by Vegas Games or any of its affiliates or other business partners and that are subject to these Terms of Service. Generally, a user profile includes a profile photo (or other digital image), user name, age and gender, miscellaneous information provided by you (e.g., hobbies, interests, etc.), game play information and statistics, and a user ID number (designated by Vegas Games) that’s used to identify your account and profile. You may display your user profile information in accordance with the settings and preferences that you choose. Please be careful whenever you choose to make any particular information public and, please, only choose to make information public that you would feel comfortable sharing with the world. You may also review and modify your user profile at any time.
You acknowledge and agree that nothing in the Applications, the Service or the Site is intended for children under the age of 13 years old, nor is intended to collect any personally identifiable information from children who are under 13 years of age. If you choose to access and use any of the Apps, the Service and/or the Site, you hereby represent, warrant and covenant that you are at least 13 years of age; and you acknowledge and agree that if you are not at least 13 years old, you are not granted any License Rights by Vegas Games and, accordingly, you are not authorized to access and use the Apps, the Service and/or the Site, and you must immediately cease and desist any further efforts to access and use any of the Apps, the Service and/or the Site. Furthermore, if you are between the ages of 13 and 17, or are otherwise considered a minor in the jurisdiction in which you reside, you represent and warrant that your parent or legal guardian has reviewed and agreed to these Terms of Service and has given his or her consent for you to access and use the Apps, the Service and/or the Site (as applicable); and you acknowledge and agree that if your parent or legal guardian does not provide such required consent, you are not granted any License Rights by Vegas Games and, accordingly, you are not authorized to access and use the Apps, the Service and/or the Site, and you must immediately cease and desist any further efforts to access and use any of the Apps, the Service and/or the Site.
You acknowledge and agree that certain user profile information (e.g., your user ID number, name, profile picture, etc.) will be publicly available and that third-party search engines may subsequently collect and catalog such information. We strongly encourage you (and all of those who choose to access and use any of our Apps, the Service and/or the Site) to withhold and not disclose as part of your user profile any information that you do not want to be made public or would not feel comfortable sharing with the world.
During the registration process, you may be required to select a username, password, security question(s) and answers, or to provide other information that will be used to identify you when you log in to any of the Apps, the Service and/or the Site (collectively, "Login Information"). Do not share or otherwise disseminate any information relating to your Account or Login Information, or allow anyone to access your Account, or otherwise make yourself vulnerable to potential misuse of your Account. You should notify Vegas Games immediately if you become aware of any unauthorized use of your Account or of any other breach of security regarding any of the Apps, the Service and/or the Site. This may include, but is not limited to, loss, theft, or unauthorized disclosure of Login Information. Should any unauthorized use occur, you should immediately modify your Login Information in order to better ensure that your Account is protected.
You must logout from your Account when you have finished any session of accessing or using any of the Apps, the Service and/or the Site. Maintaining the confidentiality of your Login Information is solely your responsibility. You are solely responsible and will be potentially liable for any and all activities that occur, result, or that are otherwise performed or undertaken, in connection with your Account, along with any and all uses of your Login Information. This includes, but is not limited to, any and all purchases or any other transactions or activities, whether or not any such transaction or activity is expressly authorized by you. Vegas Games shall have no obligation or liability of any kind or nature for any claims, losses, liabilities, damages, costs or expenses that you may incur, or arising as a result of any action that may be taken in connection with your Account, as a result of someone using your Login Information or otherwise using your Account (whether with or without your knowledge or consent).
You acknowledge and agree that any and all rights in and/or pertaining to any and all Accounts are solely and exclusively owned by Vegas Games and its affiliates. Vegas Games reserves the right, at its sole discretion, to revoke, cancel, reclaim, remove, and/or terminate any username, Account, and/or any other form of user profile at any time and from time to time, in accordance with the then-current provisions of these Terms of Service, including, without limitation, any claim that a particular username misappropriates or infringes upon the rights of any third party. Vegas Games also reserves the right, at its sole discretion, to terminate any Account which has been inactive or not used for a period of 180 days or more.
You acknowledge and agree that you will comply with all usage policies (aka, “acceptable use policies”) and related requirements that Vegas Games may adopt, at its sole discretion, regarding access and use of the Apps, the Service and/or the Site, including, without limitation, the specific usage policies set forth in this Section 1.8 (collectively, the “Acceptable Use Policies”). Any breach of any such policy or requirement will entitle VG to revoke (to the extent enforceable) or terminate (to the extent applicable) any and all of the License Rights originally granted to you pursuant to these Terms of Service. In the event of your failure to fully adhere to and/or comply with any of the Acceptable Use Policies, all of your License Rights will thereupon be deemed terminated, in their entirety, and of no further force or effect, without any further action being required of either party, and any further access or use of any of the Apps, the Service and/or the Site by you shall be unauthorized, entitling VG to relief both at law and in equity, and you may additionally be liable for any violations of any and all applicable local, state, federal and international laws, statutes, treaties, directives, rules and regulations. More specifically, you further acknowledge and agree, as a pre-condition to the continued effectiveness of your License Rights, that:
a. You shall not register or create an Account or profile with Vegas Games, or access any of the Apps, the Service or the Site if you are under the age of 13, and You shall not allow anyone under the age of 13 (or anyone considered a minor in the jurisdiction in which you are accessing or using the Apps, the Service or the Site), to access or use any of the Apps, the Service or the Site. You accept that any and all unauthorized access or use of the Apps, the Service or the Site that is perpetrated by minors that accompany you or that use your Account (whether with or without your approval or consent) will be entirely your responsibility. Additionally, any use of your credit card information or any other form of payment process by minors that relates to any Account owned or otherwise controlled by you is also solely and exclusively your responsibility in its entirety.
b. You shall not create or use more than one Account at any given time. When creating an Account, you shall ensure that all information is correct, truthful and accurate, and you shall not provide any false information or use a false identity. You shall not create, access or use any Account on someone else’s behalf or in any manner that is not directly attributable to your true and correct identity. You shall not create an Account and/or access or use any of the Apps, the Service and/or the Site if you are a convicted sex offender; Vegas Games does not grant such individuals any license rights to access and use the Apps, the Service and/or the Site, and, accordingly, any access or use of any of the Apps, the Service and/or the Site by any such individual(s) is and shall be unauthorized. You shall not use the Apps, the Service and/or the Site if your License Rights in and relating to the Apps, the Service and/or the Site has been revoked or terminated by Vegas Games at a prior time. Furthermore, you shall not use any of the Apps, the Service and/or the Site if Vegas Games has previously removed you from any of the Apps, the Service and/or the Site, or if you have been banned from accessing or using any of the Apps, the Service and/or the Site.
c. You shall not use the Apps, the Service and/or the Site if you are located in a country that is on the United States government’s embargoed nations list or if your name appears on the list of Specially Designated Nationals put forth by the U.S. Treasury Department.
d. You shall only access or use your Account for your own, personal, non-commercial entertainment purposes; you shall not access or use your Account in order to advertise, solicit, or otherwise transmit any form of commercial advertisements or other promotional or marketing materials, including, but is not limited to, sending or transmitting to anyone, or otherwise posting any repetitive messages, chain letters, or spam e-mail.
e. You shall comply with and obey all local, state, federal and international laws, statutes, treaties, directives, rules and regulations that are applicable to your access and use of the Apps, the Service and/or the Site.
f. You shall not use your Account to engage in any activities that are or could be considered illegal.
g. You shall at all times respect the rights of all other individuals who access, visit, watch, participate in, contribute user-generated content, and/or otherwise use any of the Applications, the Service and/or the Site, and treat them courteously and in the manner that you would want to be treated.
h. You shall not, directly or indirectly, give-away, lease, rent, sell, sublicense, trade, barter, bequeath, assign, convey, or otherwise transfer your Account or any Virtual Items associated with your Account to anyone unless you first receive Vegas Games’ express written consent (signed by a duly-authorized representative of Vegas Games).
i. You shall not access or use any Account or Virtual Item(s) that have been gifted, leased, rented, sold, sublicensed, traded, bartered, bequeathed, assigned, conveyed, or otherwise transferred from another Account owner unless you first receive Vegas Games’ express written consent (signed by a duly-authorized representative of Vegas Games).
j. If you access any of the Apps, the Service and/or the Site through an SNS, then you shall be obliged to comply fully and at all times with all of the applicable SNS’s terms of service/use, while also maintaining your full and complete compliance with these Terms of Service at all times.
k. You hereby expressly agree that under no circumstances will you participate, directly or indirectly, in any of the following prohibited conduct:
1. Act in any way or conduct yourself in any manner that Vegas Games, at its sole discretion, determines to be in conflict with the spirit or intent of these Terms of Service, VG’s Privacy Policy, the Applications, the Service or the Site, including, but not limited to, attempting or succeeding in circumventing, manipulating or otherwise modifying (i) the rules or gameplay mechanics of any of the Apps, (ii) any of the features, performance, functionality, security or integrity of any of the Apps, the Service or the Site, or (iii) any of the then-current terms or conditions comprising these Terms of Service and/or any other effective agreements, policies, practices or procedures that Vegas Games elects, at its sole discretion, to put into place or effect.
2. Misuse Vegas Games’ customer support service (or any of VG’s other forms of support service), including, but not limited to, filing a false report or using profanity or any other abusive language when you communicate with any employees or representatives of Vegas Games.
3. Use the Applications, the Service or the Site, whether intentionally or unintentionally, in such a way or in any manner that could or would be considered a violation of any and all applicable local, state, federal and international laws, statutes, treaties, directives, rules and regulations.
4. Use any cheat, exploit, hack, mod, automation software, bot, robot, spider, or other form of automatic device or manual process to in any way monitor,
analyze, influence, manipulate, copy, control, or otherwise affect any element or portion of any of the Applications, the Service or the Site unless you first receive Vegas Games’
express written consent (signed by a duly-authorized representative of Vegas Games), or use any hardware and/or software that is intended to disrupt, interfere, compromise, degrade, or otherwise modify any of the Applications, the Service or the Site, or any files (or related information or data) associated with any of the Apps, the Service or the Site, unless you first receive Vegas Games’ express written consent (signed by a duly-authorized representative of Vegas Games).
5. Use or employ, directly or indirectly, any device, process, software or other form of technology to damage, disrupt, impair, disable, hijack, or in any way support the damage, disruption, impairment, disabling or hijacking of any computer hardware, server network, telecommunications equipment, software or other infrastructure elements used in connection with offering, operating or supporting any of the Applications, the Service and/or the Site, including, but not limited to, the use of a “jail-broken” or “rooted” device, tool or utility that allows access or use of the Apps, the Service and/or the Site in any manner that is inconsistent or otherwise conflicts with the terms or conditions of these Terms of Service.
6. Act in any way, manner or form that causes or attempts to cause unreasonable or disproportionately large amounts of processing or overburdening on any of the computer hardware, server networks, telecommunications equipment, software or other infrastructure elements used in connection with offering, operating or supporting any of the Applications, the Service and/or the Site, or that interferes with or otherwise adversely affects any individual’s ability to access and/or use any of the Apps, the Service and/or the Site.
7. Alter or attempt to modify any copyright notice, trademark notice, or other legal notice or proprietary rights statement that is contained or displayed within any of the Apps, the Service and/or the Site.
8. Access or attempt to gain access to any of the Apps, the Service, the Site, any Account registered to any other individual, or to any of the computer hardware, server networks or other infrastructure elements used in connection with offering, operating or supporting any of the Apps, the Service and/or the Site by any means that bypasses the normal public interface provided by or for Vegas Games. This includes, but is not limited to, circumventing, bypassing, disabling, impeding, modifying or otherwise interfering, or attempting to circumvent, bypass, disable, impede, modify or otherwise interfere, or encouraging or assisting any third party to circumvent, bypass, disable, impede, modify or otherwise interfere with, any security process, technology, device, or software that is intended by Vegas Games to be used in conjunction with your access and use of any of the Apps, the Service and/or the Site.
9. Any act that causes, assists, results in or otherwise involves any form of attack or attempt to attack on any of the computer hardware, server networks or infrastructure elements used in connection with offering, operating or supporting any of the Applications, the Service and/or the Site, including, but not limited to, enabling a virus, denial of service attack, or any other form of attack or attempt to disrupt, disable, impede, impair, or otherwise render inoperative, any of the Apps, the Service, the Site, or any individual’s access, use and/or enjoyment of any of the Apps, the Service and/or the Site.
10. Uploading, distributing, posting, or sharing any form of content that contains any virus, malicious code, malware, or any other form of code, file or program that is designed to impede, prevent or otherwise adversely affect any of the features, functionality, access, use and/or enjoyment of any of the Apps, the Service and/or the Site.
11. Using, disclosing, distributing, sharing, or otherwise disseminating any vulnerability or other security flaw or “hole” in any of the Apps, the Service and/or the Site in order to achieve or attempt to achieve an advantage or other form of benefit while using any of the Applications, the Service and/or the Site.
12. Using, developing, posting, uploading, disclosing, distributing, sharing or otherwise disseminating any “cheat utility” software or application program that can be used with any of the Apps, the Service and/or the Site.
13. Soliciting, or attempting to solicit or to otherwise learn, acquire or obtain any private or personal information from any individual who accesses and/or uses any of the Apps, the Service and/or the Site, including, but not limited to, any Login Information, Account information, or any other form of private or personal information (e.g., identifying documentation, financial information, etc.), and specifically including any personally identifiable information.
14. Posting, uploading, disclosing, distributing, sharing, or otherwise disseminating within or by means of any of the Apps, the Service and/or the Site any form of private or personal information (including any personally identifiable information) of or concerning any individual who accesses and/or uses any of the Apps, the Service and/or the Site.
15. Engage in any act or conduct that is abusive, defamatory, discriminatory (e.g., based on ethnicity, gender, race, religion, or sexual orientation, etc.), harassing, illegal, indecent, inflammatory, invasive of any rights of privacy or publicity, lewd, libelous, obscene, offensive, pornographic, suggestive, objectionable, threatening, unlawful, fraudulent, or that would constitute, assist or encourage a criminal offense, the violation of any rights of any person or entity, or the violation of any and all applicable local, state, federal and international laws, statutes, treaties, directives, rules and regulations. For the avoidance of doubt, such unacceptable conduct includes, but is not limited to, creating an obscene or offensive user name, screen name or label, or posting, uploading, disclosing, distributing, sharing or otherwise disseminating any information that is considered to be objectionable or offensive by Vegas Games in its sole discretion in connection with or by means of any of the Applications, the Service and/or the Site.
16. Posting, uploading, disclosing, distributing or otherwise disseminating any content that contains, displays, references, sponsors, endorses or otherwise communicates any expression that is abusive, discriminatory (e.g., based on ethnicity, gender, race, religion, or sexual orientation, etc.), defamatory, libelous, obscene or pornographic, or that constitutes, expresses or otherwise conveys bigotry, hatred, hate speech, racism, pornography, or is otherwise objectionable, including, but not limited to, creating an obscene or otherwise offensive username or screen name, or providing any content that contains, displays, endorses or relates to any such offensive, objectionable and/or antisocial expressions that are not acceptable conduct under the provisions of these Terms of Service and that have no place in the Vegas Games community.
17. Malign, disparage, or otherwise cause to be subjected to ridicule Vegas Games, any of the Applications, the Service the Site and/or the VG Representatives in any manner (whether now known or hereafter developed) both during and subsequent to the effectiveness of your License Rights, including, but not limited to, creating an obscene or otherwise offensive user name or screen name, and posting, uploading, disclosing, distributing or otherwise disseminating any such content materials.
18. Posting, uploading, disclosing, distributing or otherwise disseminating any content or related information or data that contains or displays nudity or graphic violence, or that contains, displays or otherwise communicates any other offensive or objectionable content.
19. Attempting or successfully undertaking, directly or indirectly, any effort or action to abuse, harass, slander, libel, stalk, or otherwise harm or damage, or to advocate, encourage, solicit, sponsor, endorse, participate, assist, support, contribute, provoke or otherwise incite the abuse, harassment, slandering, libeling, stalking, or other harming or damaging of any person, group, or class, including, but not limited to, Vegas Games and the other VG Representatives.
20. Posting, uploading, disclosing, distributing or otherwise disseminating any content or related information or data that may be considered a breach of any contractual or fiduciary duty, or for which you do not possess or have not been granted the rights to reproduce, distribute or otherwise use or exploit, or that infringes on any copyright, trademark, patent, trade secret, or other intellectual property right or proprietary right (e.g., right of privacy, right of publicity, etc.) owned or controlled by Vegas Games or any of its affiliates or any third party.
21. Pretending, impersonating or acting as if you are another person or entity, or otherwise misrepresenting your relationship or affiliation with any person or entity, including, without limitation, acting as if you are an employee or authorized representative of Vegas Games or any of its affiliates or business partners.
22. Posting, uploading, disclosing, distributing or otherwise disseminating any content or related information or data that is commercial in nature or that involves advertising, marketing or promotional materials, or any solicitation for funds, goods, or services. You acknowledge and expressly agree that the soliciting of any other individual or individuals on behalf of any commercial organization in conjunction with or by means of any of the Apps, the Service and/or the Site is expressly prohibited and shall entitle Vegas Games, at its sole discretion, to terminate your License Rights and Account in their entirety, without prior notice or the completion of any other procedural formalities.
23. Decompile, disassemble, decipher, translate, modify, reverse engineer, or otherwise analyze or attempt to derive the source code or the underlying ideas, algorithms, structure or organization of or concerning any of the object code software or other intellectual property rights incorporated or otherwise used in connection with any of the Applications, the Service, the Site, and/or any aspect or portion of Vegas Games’ content, activities or services relating to any of the foregoing, or to employ any method that is not expressly authorized by Vegas Games in order to access or use any content or related information or data that is part of any of the Applications, the Service, the Site, and/or any aspect or portion of Vegas Games’ content, activities or services.
ANY ATTEMPT TO DISTURB, DISRUPT, IMPAIR OR OTHERWISE INTERFERE WITH ANY ASPECT, ELEMENT OR PORTION OF ANY OF THE APPS, THE SERVICE AND/OR THE SITE, INCLUDING, WITHOUT LIMITATION, ATTACKING, MANIPULATING, OR OTHERWISE COMPROMISING ANY OF THE FEATURES, FUNCTIONALITIES, PERFORMANCE OR OPERATION OF ANY OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE IS A VIOLATION OF THESE TERMS OF SERVICE AND MAY BE A VIOLATION OF APPLICABLE LAW WHICH COULD RESULT IN CIVIL OR CRIMINAL CHARGES BEING BROUGHT AGAINST YOU.
Please be advised that specific features, functionality and/or portions of the Applications, the Service and/or the Site may also be subject to and conditioned upon your adherence to and full compliance with additional guidelines, rules and requirements (e.g., VG’s Privacy Policy).
If you become aware of any individual or group (whether or not registered with Vegas Games) who is violating any of the Usage Policies referenced in this Section 1.8, please promptly report such activity to Vegas Games using the “Help” links that are accessible in the relevant portions of the Apps, the Service and/or the Site (as applicable), or please contact Customer Support at support@vegasgames.com.
You may cancel or terminate your Account or stop using the Applications, the Service and/or the Site, at any time, at your sole discretion. If you would like to cancel or terminate your
Account that you established with Vegas Games and no longer want us to make active use of your information, please submit an email to terminate@vegasgames.com.
The subject line should be titled "Delete My Account", and in the body of your email message, please provide your first and last name, and then-current email address.
Please understand that, in light of the number of requests that we may receive from any and all interested Users during any given timeframe, it may take up to thirty (30) days to respond to email correspondence.
As importantly, please be advised that it is necessary for us to retain some records, (e.g., those relating to payments, customer service matters, etc.) for legal and bookkeeping reasons.
Additionally, if you have sent or posted any User Content (e.g., chat, posts, forum comments, etc.) at any time or from time to time when you access and use the Service, the Site and/or any of our Apps,
we may not be able to remove such materials from the Service. If you do not agree to be bound by any changes or other
modifications that may be made to these Terms of Service (whether required by any applicable law or adopted at the sole discretion of Vegas Games),
your sole remedy is to immediately stop and discontinue any further efforts to access or use any of the Apps, the Service or the Site, and to cancel your Account.
You acknowledge and agree that no damages shall arise in connection with the termination of any Account owned or otherwise controlled by you, and you further agree that cancelling or terminating your Account
is your sole and exclusive remedy for any dispute that may arise between you and Vegas Games.
WITHOUT WAIVING ANY OF ITS OTHER AVAILABLE REMEDIES, Vegas Games RESERVES THE RIGHT TO SUSPEND, REVOKE OR TERMINATE YOUR REGISTRATION AND/OR ANY ACCOUNT THAT YOU ELECT TO ESTABLISH, WITH OR WITHOUT ADVANCE NOTICE TO YOU, IF YOU VIOLATE OR FAIL TO COMPLY WITH ANY OF THE TERMS OR CONDITIONS OF THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW, OR OTHERWISE CAUSED OR MAY CAUSE ANY LOSS OR DAMAGES TO ANY THIRD PARTY.
THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, MAY RESULT IN YOULOSING YOUR USERNAME AND/OR PERSONA, AS WELL AS THE LOSS OF ANY EARNED, UNEARNED OR PURCHASED BENEFITS, PRIVILEGES, OR VIRTUAL ITEMS ASSOCIATED WITH YOUR ACCOUNT AND/OR YOUR USE OF ANY OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE. TERMINATION OF YOUR ACCOUNT MAY ALSO RESULT IN DISABLING YOUR ACCESS TO ANY OR ALL OF THE APPS, THE SERVICE AND/OR THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT SUBMITTED BY YOU OR BY OTHERS. Vegas Games SHALL HAVE NO LIABILITY OR OBLIGATION TO COMPENSATE YOU OR ANY THIRD PARTY FOR ANY SUCH LOSSES, RESULTS OR CLAIMED DAMAGES.
ADDITIONALLY, WITHOUT WAIVING ANY OF ITS OTHER AVAILABLE REMEDIES, Vegas Games RESERVES THE RIGHT TO SUSPEND, REVOKE OR TERMINATE YOUR REGISTRATION AND/OR ANY ACCOUNT THAT YOU CHOOSE TO ESTABLISH, AS WELL AS SUSPEND, DELAY OR REMOVE ANY USER CONTENT THAT IS CONTAINED OR DISPLAYED IN ANY OF THE APPS, THE SERVICE AND/OR THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT, AND TAKE ANY TECHNICAL AND/OR LEGAL ACTION(S) THAT Vegas Games DEEMS NECESSARY, IN ITS SOLE DISCRETION, TO PREVENT USERS FROM ACCESSING OR USING ANY OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE, SHOULD Vegas Games DETERMINE THAT THERE IS SOME RISK OR POSSIBLE LEGAL LIABILITY, INFRINGMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, OR SOME OTHER ACT OR CONDUCT THAT IS INCONSISTENT WITH THE LETTER OR SPIRIT OF THESE TERMS OF SERVICE, VG’S PRIVACY POLICY, OR ANY OTHER THEN-EFFECTIVE CODES OF CONDUCT AND/OR OTHER APPLICABLE REQUIREMENTS ADOPTED BY AND/OR IMPOSED UPON Vegas Games. Vegas Games MAY SUSPEND, REVOKE OR TERMINATE THE ACCOUNTS OF ANY AND ALL USERS WHO PERPETRATE ANY SUCH ACTS AND/OR ASSIST ANY OTHER PERSON OR ENTITY TO PERPETRATE ANY SUCH ACT, AS DETERMINED BY Vegas Games AT ITS SOLE DISCRETION.
YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT YOUR ACCOUNT IS TERMINATED, YOU WILL CONCURRENTLY RELINQUISH THE RIGHT TO USE YOUR USERNAME IN CONNECTION WITH ANY OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE, AND WILL FORFEIT ANY EARNED, UNEARNED OR PURCHASED BENEFITS, PRIVILEGES, OR VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF ANY OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE, AND Vegas Games SHALL HAVE NO LIABILITY OR OBLIGATION TO COMPENSATE YOU OR ANY THIRD PARTY FOR ANY SUCH LOSSES, RESULTS OR CLAIMED DAMAGES.
Vegas Games ALSO RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR A PERIOD OF 180 DAYS OR MORE.
Vegas Games reserves the right to discontinue any element, portion, aspect, or the entirety of the Applications, the Service and/or the Site, at any time and from time to time. Should such an event transpire, your limited License Rights to access and use the discontinued work (previously made available as part of any of the Apps, the Service and/or the Site) will automatically terminate (or may be suspended, if applicable). Vegas Games shall have no obligation or liability to provide any refunds or other form of compensation as a result of any discontinuation of any of its Services.
You may be allowed to purchase a limited, personal, non-transferable, non-sublicensable, revocable license through the Service that allows use of the following: (a) “Virtual Currency”, including, but not limited to, in-game cash, coins, or other forms of digital currency; (b) a variety of virtual in-game items (collectively, the “Virtual Goods”) (and together with the “Virtual Currency”, the “Virtual Items”); and (c) other forms of goods or services (“Merchandise”). You acknowledge that you do not “own” actual title to any of the Virtual Items in any sense and that you will only be granted a limited license to use the particular Virtual Items (if any) for which you pay the then-current license fee to use such Virtual Items in any of the Applications, the Service and/or the Site. No Virtual Item, Merchandise or related content holds or denotes any real world value or reflects any intrinsic, stored or inherent value, and does not constitute actual currency or real property of any type. Instead, such attributed Virtual Items, Merchandise, and content serve simply to indicate the particular ancillary items that you are entitled to use in connection with your limited License Rights to access and use any of the Apps, the Service and/or the Site. Virtual Items and Merchandise cannot be sold, leased, rented, sublicensed, transferred, or exchanged for real world currency or for any other form of goods and/or services.
You acknowledge and agree that you are not entitled to any refund or other form of repayment for any Virtual Currency, Virtual Goods or Merchandise that you purchase but do not subsequently use.
You can purchase a license for Virtual Items by means of the purchase page located within the Applications, the Service and/or the Site, which will require that you provide your current and complete billing information, confirm your purchase order, and then re-affirm your agreement to be bound by these Terms of Service. We may send a confirmatory e-mail after you have placed your order that contains the details of your purchase order. We ask that you please review and confirm that the details in the confirmatory e-mail are true and correct as soon as possible and also that you print or otherwise save a copy of such correspondence for your own personal records. Vegas Games keeps records of transactions in order to deal with any subsequent queries. If you purchase any Virtual Items or Merchandise using an SNS payment program or another third-party payment program, you agree to abide by the applicable payment policies of the relevant SNS or third-party payment processor.
Each order that you place for any Virtual Items represents an offer to Vegas Games to purchase the corresponding license for the relevant item(s). Any such offer will be considered to have been accepted by Vegas Games when the Virtual Item is first made available in your Account, or when we have initiated the processing of the charges for any requested purchase on your credit card, whichever comes first. If you are a resident of the European Union and you purchase a license or service from Vegas Games, it is your right to withdraw from such a purchase within seven calendar days, where such withdrawal period shall commence on the day after the date of your purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if performance of the services begins before the Cooling Off Period has ended. Accordingly, please note that for any purchases of Virtual Items or Merchandise from Vegas Games, your right of withdrawal may be lost since the performance of certain of VG’s services in connection with the Apps, the Service and/or the Site begins promptly following the completion of your purchase.
You may purchase Virtual Items by using third-party billing and payment services (e.g. including, but not limited to, iTunes, Google Checkout, or PayPal), and, as applicable, based upon the billing and payment services that may be required in connection with any particular Application, the Service and/or the Site. Vegas Games will not supply any products or services to you unless and until the billing and payment provider that you select has authorized your applicable payment method. Your use of any particular billing and payment provider will serve as your acknowledgement and acceptance to be bound by that third-party provider's applicable terms of use and/or conditions applicable to your transaction, which terms and conditions are available for review from the applicable provider. The alternative provider may require that you create an account in order to use its services, and that you additionally provide information relating to your designated bank account, credit card and/or debit card details. Costs, including, but not limited to, data charges and/or related tariffs, that are assessed in connection with accessing or using the Applications, the Service and/or the Site, depend on your internet service provider and/or wireless carrier. Please review the applicable terms and conditions of your internet service provider and/or wireless carrier. All costs and expenses of your internet and/or wireless services are solely your responsibility, and Vegas Games shall have no obligations or liabilities with respect to any such costs or expenses.
The price for each license to use any Virtual Items or Merchandise can be found on the applicable website, online store, or other form of third-party vendor service for any Application or may be referenced within the Application itself. You hereby agree to pay all applicable taxes that are assessed on your purchases should you choose to purchase a license for any Virtual Items, Merchandise, or other content, services or benefits. For any individuals that are residents of any of the member countries of the European Union, Iceland, Liechtenstein, Norway or Switzerland, the price includes any applicable Value Added Tax (VAT). Vegas Games reserves the right to adjust any price or specifications relating to any of the Applications, including, but not limited to, subscriptions, content, services, benefits, and Virtual Items. If you decide that you do not want to complete a particular purchase, please select "No" or close the window when you are prompted to confirm your purchase. While we do not offer or accept any cancellations, returns or refunds of any purchases, Vegas Games may, at its sole discretion, provide credit towards your purchase of other Virtual Items, content, services or benefits.
Virtual Items may only be purchased by legal residents of countries where access to and use of the Applications, the Service and/or the Site is permitted. A license to use Virtual Currency in conjunction with any of the Applications, the Service and/or the Site may be purchased or otherwise acquired only from Vegas Games through the channels and from the sources that we provide for any of the Applications, the Service and/the Site, or may be procured from other service providers to whom we have expressly granted such authorization. Vegas Games reserves the right to refuse any request to purchase and/or otherwise obtain any license for any Virtual Items, Merchandise, content, services or benefits, and we reserve the right to check, review, confirm, block, deny, suspend, restrict, cancel or otherwise constrain, for any reason and in Vegas Games’ sole discretion, any request to purchase and/or otherwise obtain a license to use any particular Virtual Items, Merchandise, or other content, services and/or benefits.
Subject to your full, complete and continuing compliance with these Terms of Service, you may be allowed to exchange Virtual Currency for Virtual Goods. Vegas Games does not guarantee or warrant that any particular Virtual Item will be accessible or can be obtained at all times or at any given time. Furthermore, we do not guarantee that any Virtual Item will be offered and made available for any set periods of time or duration. As noted previously in these Terms of Service, Vegas Games reserves the right to alter, change, update, and/or otherwise modify any portion of any of the Applications, the Service and/or the Site, without notice to you. If you do not use your Virtual Currency for any period exceeding 180 days, your Virtual Currency shall expire in its entirety. Please be advised that once you choose to redeem any of your Virtual Currency for any Virtual Goods or Merchandise, such Virtual Goods or Merchandise are not returnable or exchangeable, nor will the applicable purchase price be refunded for any Virtual Currency or for any other form of real world currency, or for any other goods or services.
Vegas Games shall have no liability for any form of cyber attack, malware, virus, hacking, and/or any other events or circumstances that result in the loss of any Virtual Items or Merchandise that may occur in connection with your Account. Vegas Games will take reasonable efforts to replace any Virtual Items or Merchandise that may be misappropriated, lost or otherwise rendered inoperable, but only under certain circumstances and as determined by Vegas Games, at its sole discretion. Vegas Games has no obligation, liability or responsibility to you for any Virtual Items or Merchandise that may be lost, misappropriated or otherwise rendered inoperable due to any violation on your part of any of the terms or conditions of these Terms of Service, and you shall not be entitled to any form of reimbursement or other compensation. Vegas Games reserves the right, with or without notice to you, to limit the quantity or quantities of Virtual Items or Merchandise that are the subject of any order and/or may refuse to provide any particular Virtual Item(s) or Merchandise. You may be required to verify certain information, as applicable, prior to our acceptance of any proposed transaction involving any Virtual Items or Merchandise. Vegas Games, at its sole discretion, may alter, change, update and/or otherwise modify any pricing involving any of the Applications, the Service and/or the Site, including, but not limited to, the pricing of any and all Virtual Items and Merchandise at any time and from time to time.
You acknowledge and agree that you are responsible and will pay for all fees and applicable taxes that are incurred by you or anyone else who is using or accessing any Account that is registered to you, including, but not limited to, any applicable income taxes in connection with any prizes that may be awarded, earned, won or otherwise be provided to you in connection with any of the Applications, the Service and/or the Site, including any gift cards or their equivalents. Vegas Games does not withhold any applicable taxes and you remain solely and completely responsible for paying any and all local, state, federal and other such taxes and assessments in accordance with the laws that are applicable in your local community, state, province, and/or country of residence.
You are subject to and are solely responsible for complying with any and all applicable laws of the city, state, province and/or country in which you are domiciled or a resident, and that serves as the location from which you access and use any of the Applications, the Service and/or the Site. Based on the particular jurisdiction in which you reside or are domiciled, accessing or using any of the Applications, the Service and/or the Site may not be legal for you or for other persons residing in that jurisdiction. You acknowledge and agree that neither Vegas Games nor any of the VG Representatives shall have any obligation or liability if the applicable laws in the jurisdiction in which you reside or are domiciled in some way or another restrict or prohibit your right to access, use, and/or otherwise participate in any of the Applications, the Service and/or the Site. Vegas Games makes no representations or warranties, whether express or implied, as to whether your access and/or use of any of the Applications, the Service and/or the Site, or your participation in any contest, sweepstakes or tournament offered in connection with any of the Apps, the Service and/or the Site, will be lawful, nor shall any person or entity that is affiliated with Vegas Games, or claiming any affiliation with Vegas Games, have the power or authority to make any such representation or warranty.
Vegas Games reserves the right, but has no obligation or liability, (i) to monitor your location when you access or use any of the Apps, the Service and/or the Site; and (ii) to block any access or use from any jurisdiction where such access or use is or is believed to be illegal or otherwise restricted. Vegas Games may also require that any individual receiving any prize must provide Vegas Games with necessary proof that he or she is, or was at the time and for the entire duration of the applicable contest, sweepstakes or tournament, eligible to participate in such contest, sweepstakes or tournament in accordance with these Terms of Service and any and all laws applicable to such individual. Without limiting any provision to the contrary contained in these Terms of Service, if Vegas Games monitors your access and/or use of any of the Apps, the Service and/or the Site, Vegas Games shall not be liable in any manner for its decision or efforts to perform, or for the effectiveness of, any such monitoring activities. By accessing, downloading, installing, or otherwise using any content or other materials of or concerning any of the Applications, the Service and/or the Site, or visiting or perusing the Service or the Site, or registering or creating an Account, and/or taking part in any contest, sweepstakes or other activities offered in connection with any of the Applications, the Service and/or the Site, you represent and warrant that whenever you do so, you are in full and complete compliance with all of the then-current terms and conditions of these Terms of Service, and you acknowledge and agree that you will indemnify and hold Vegas Games and the VG Representatives harmless from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating in any manner to your breach or default of any of the provisions of these Terms of Service.
If you are a parent or legal guardian, or other adult who is responsible for the well-being of any child or children, please be aware that you are solely responsible for any use of any credit card, debit card, or any other form of payment process, that may be submitted or otherwise used in connection with any purchase transaction by any child who is under your care or supervision. Parents, guardians and any other adults that have any child or children under their care should take all necessary precautions so as to avoid the possibility that any such child will attempt or successfully complete a purchase transaction. By way of example, we suggest that you delete any credit card information that is saved in any online “store” from which you purchase any of the Applications. As noted previously in these Terms of Service, Vegas Games accepts NO RETURNS regarding any purchase transaction, and this includes, without limitation, any purchases made by children in your care who have access to any of your mobile or non-mobile devices.
Vegas Games shall not have any obligation or liability for any form of error that may occur in connection with any purchase transaction, including, but not limited to, those that are made by incorrectly identifying any particular platform or mobile or non-mobile device, any promotions or discounts that are not offered or otherwise available at any particular time or point of purchase, or for any other circumstances that involve any purchase transaction for any reason whatsoever (collectively, "Purchaser Errors"). This also extends to any errors that may be made in connection with billing statements, no matter whether they are issued by your internet service provider or wireless carrier, the particular online store that you used to obtain any of the Apps, or any other entity, as Vegas Games shall not have any obligation or liability in connection with any and all such Purchaser Errors. You acknowledge and agree that it is solely and exclusively your responsibility to confirm that your mobile or non-mobile device, platform and wireless carrier are compatible with any particular purchase transaction that you choose to complete.
We strongly encourage you to check and confirm your system requirements carefully before proceeding with any purchase transaction so that you can ensure that you will be able to use and enjoy your purchases. Should you have any questions regarding any of the Apps, the Service and/or the Site, please contact our customer support personnel at support@vegasgames.com.You acknowledge and agree that, as between you and Vegas Games, you are solely responsible for any and all equipment (e.g., computing devices, modems, other hardware and software, etc.) and anything else (e.g., wi-fi connections, electricity, etc.) that you require in order to access and use any of the Apps, the Service and/or the Site, as well as for any and all applicable charges associated with any of the foregoing.
You acknowledge and agree that all of your transactions with Vegas Games regarding any of the Applications, the Service and/or the Site may, at our option and in our sole discretion, be conducted electronically. You further agree that Vegas Games may provide all agreements, disclosures, notices and other such communications electronically, including, without limitation, any particular notices that we are otherwise required to provide in "writing" under any and all applicable local, state, federal and international laws, statutes, treaties, directives, rules and regulations.
VG’s Privacy Policy is part of these Terms of Service and is incorporated herein in its entirety by this reference. Please take a moment to review it here.
Vegas Games and its respective licensors are the owners of the Applications, the Service, the Site, and any and all other content and other materials contained or displayed therein (e.g., game environments, titles, themes, objects, characters, character names, stories, dialogues, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, gameplay mechanics, documentation, in-game chat transcripts, character profile information, recordings of games played or being played, gameplay statistics, etc.), including, without limitation, all copyrights, trademarks, patents, trade secrets, and all other intellectual property rights (e.g., moral rights) and other proprietary rights, any and all of which are owned by Vegas Games and its respective licensors.
The trademarks and logos for the Applications, the Service and the Site are trademarks of Vegas Games or its licensors, respectively, and may not be used without the express written consent of Vegas Games or the respective owners of any such marks. Vegas Games owns, has licensed, and/or otherwise has the right to use all of the content that appears in the Applications, the Service and the Site. Notwithstanding any provision herein to the contrary, you acknowledge and agree that you have no right, title or interest in or to any of the content that appears in any of the Apps, the Service and/or the Site, including, without limitation, any of the Virtual Items obtained in connection with the Applications, the Service and/or the Site, whether awarded, gifted or earned within any App or purchased from Vegas Games or any authorized third-party source, or in or to any other attributes, benefits, content or other services associated with any Account and/or stored for your benefit as part of the Service. You do not acquire any ownership rights by accessing and/or using any of the Apps, the Service and/or the Site, or by downloading or uploading any materials in connection with any of the Apps, the Service and/or the Site, or by purchasing any Virtual Items or Merchandise.
You acknowledge and agree that you will not, directly or indirectly, copy, prepare any derivative works, redistribute, rent, lease, sublicense, share, disclose, publish, or otherwise use or exploit any form or version of any of the content or other materials of or concerning any of the Applications, the Service and/or the Site, except as may be expressly authorized in writing by Vegas Games, at its sole discretion. Any and all comments, feedback, suggestions, contributions, recommendations, ideas, concepts, proposals and other submissions by any individuals, including you (collectively, ”Feedback”) that are submitted or otherwise provided to Vegas Games in connection with any of the Apps, the Service and/or the Site shall be the sole and exclusive property of Vegas Games. Vegas Games may reproduce, prepare derivative works, display and perform (publicly and otherwise), rent, sell, lease, license, share, disclose, and otherwise use and exploit any and all Feedback in any manner, without restriction and without any notice or compensation to you or any third party.
Notwithstanding anything to the contrary in these Terms of Service, you acknowledge and agree that you shall not have any form of ownership interest or any other proprietary rights, title or interests in or relating to any Account that you may elect to create or otherwise choose to establish, and you further acknowledge and agree that, as between you and Vegas Games, any and all rights, title and interests in and to the Account are and shall be owned by Vegas Games and shall inure to the benefit of its successors and assigns.
The Applications, Service and/or the Site may include elements, features, functionality, or other content that allow individuals to communicate, comment, post, upload, share, transfer, distribute, or otherwise disseminate content, information, or data (collectively, the “User Content”). You may be allowed to author, create, submit and/or otherwise contribute User Content in connection with any of the Apps, the Service and/or the Site, including, but not limited to, your postings and comments. User Content includes, but is not limited to, any text, software, photographs, audiovisual materials, artwork, graphics, plots, storylines, messages, communications, images, sounds, songs, music, effects, and all other materials, information, and data that are submitted to Vegas Games by you or any other individual(s). By submitting or otherwise contributing any User Content, you affirm, represent and warrant that such submission or contribution is: (a) accurate, true and correct; (b) not confidential in nature; (c) not in violation of any applicable law, statute, treaty, directive, rule or regulation, contractual restriction, fiduciary duty, or other third-party right (or third party rights), and that you have permission from any third party whose content, information, and/or intellectual property or other proprietary right is submitted or otherwise provided in connection with the User Content; and (d) free of any viruses, adware, spyware, worms, bots, malware, or other malicious code. You acknowledge and agree that any and all of your personal information that may be contained or otherwise displayed within any such User Content will at all times be processed by Vegas Games in accordance with VG’s Privacy Policy. You understand and agree that your User Content will not be returned to you and, further, that Vegas Games does not guarantee or otherwise promise any confidentiality with respect to any User Content. Vegas Games reserves the right (but has no obligation), in its sole discretion, to monitor, review, edit, modify, remove delete, prohibit, disable access to, and/or otherwise make unavailable, any User Content without any advance notice and at any time and from time to time, at Vegas Games’ sole discretion.
You retain all of your ownership rights that relate to any and all User Content that you elect to submit or otherwise contribute to any of the Apps, the Service and/or the Site. However, you understand and agree that by providing any User Content (e.g., any text or other written materials, images, photos, videos, illustrations, animations, graphics, video and audio segments, and all other content materials of any type or nature that you choose to submit or otherwise provide in connection with any of the Apps, the Service and/or the Site) you grant to Vegas Games and its affiliates, licensees, r successors, assigns, and all others acting with Vegas Games’ authority, a fully paid-up, royalty-free, perpetual, non-exclusive, worldwide, irrevocable, sublicenseable and transferable license to reproduce, copy, modify, prepare derivative works, host, distribute, adapt, commercialize, publish, sell, rent, lease, license, sublicense, transmit, display and perform (publicly or otherwise), provide access to electronically, broadcast, narrowcast, publish, stream, distribute, and otherwise use and exploit, in any way and by any means (whether now known or hereafter to become known) any and all of your User Content (and all portions and derivatives thereof), including, but not limited to, any and all copyrights, trademarks, patents, trade secrets, and other intellectual property rights and proprietary rights in and relating to your User Content, whether in whole or in part, in the Applications, the Service and/or the Site, and in connection with any of Vegas Games’ marketing, advertising, promotion, and distribution activities of or concerning the Applications, the Service and/or the Site, in any and all media and forms of expression and through any distribution channels and by means of any technologies, whether now known or hereafter developed (User Content combined with any work created by or for Vegas Games or any other person or entity are known as “Works”). The license you grant to Vegas Games allows Vegas Games to reproduce, prepare derivative works, display, perform, exhibit, license, sublicense, market, sell, distribute, transmit, broadcast, narrowcast, or otherwise use and exploit the Works by any media, technologies, processes, and/or other means, including those currently known and those that become known at a later date, without notice, attribution, or compensation of any kind to you or any third party. You also irrevocably grant to each Account holder and to all individuals who elect to access and/or use any of the Apps, the Service and/or the Site, a non-exclusive license to access and use your User Content in connection with the Apps, the Service and/or the Site, and to copy, reproduce, post, display, perform, prepare derivate works, distribute, and otherwise use your User Content to the extent allowed by any of the Applications, the Service and/or the Site (as designed and/or intended by Vegas Games) and in strict accordance and compliance with the terms and conditions of these Terms of Service. You further hereby grant to Vegas Games the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. You agree that by submitting or otherwise providing User Content to any of the Apps, the Service and/or the Site (as applicable), you waive any and all of your rights to initiate and expressly release Vegas Games from, and covenant and agree that you shall neither sue nor bring any proceeding against Vegas Games in connection with, any claim or cause of action relating in any manner to any of the Apps, the Service and/or the Site, including, but not limited to, any claim of defamation, invasion of privacy, violation of any right of publicity or personality, or any other such matter, or concerning or relating to the use and/or exploitation of any of the User Content or the Works. Except as prohibited by law, you understand and agree that you expressly waive any and all rights of attribution and/or any so-called “moral rights” you may have in or relating to any or all of the User Content, regardless of whether your User Content is altered, adapted, changed, or otherwise modified in any manner or to any degree. Vegas Games does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You understand and agree that Vegas Games has no obligation or liability to monitor or enforce any of your intellectual property rights in or relating to your User Content. You acknowledge that Vegas Games is not obligated to utilize the User Content in any manner or for any purpose, and you understand and agree that Vegas Games, at its sole discretion, may or may not use the User Content in any particular Works. You further acknowledge and agree that Vegas Games has the right to authorize others to exercise any or all of the rights that are granted to Vegas Games under these Terms of Service.
You acknowledge and agree that any and all User Content remains the sole responsibility of the individual or group from whom the User Content originated. Therefore users and Account holders are entirely responsible for the User Content transmitted to or shared through the Applications, the Service and/or the Site, and Vegas Games shall in no way be liable or responsible for any such User Content. Vegas Games assumes no responsibility for the conduct of any individual or group submitting any User Content, and assumes no responsibility for monitoring any of the Applications, the Service, the Site and/or any User Content for inappropriate, illegal, or offensive content or conduct. You acknowledge and accept that any use or access of any of the Applications, the Service and/or the Site is undertaken at your own risk. Furthermore, you understand that by accessing or using the Applications, the Service and/or the Site, you may experience, view, or otherwise be exposed to User Content that is offensive, indecent, or otherwise considered improper according to your views or beliefs. You understand and agree that, as between you and Vegas Games, you shall bear any and all risks associated with your access and/or use of any User Content.
Vegas Games does not endorse or condone any User Content, nor any advice, comment, statement, opinion, suggestion, recommendation, or other form of representation expressed by means of any of the Apps, the Service and/or the Site. Vegas Games hereby expressly disclaims any and all obligations and/or liabilities arising in connection with any User Content. Vegas Games does not encourage or condone, and will not permit, the infringement of any intellectual property rights or other proprietary rights (including, but not limited to, any copyright infringing activities) by means of any of the Apps, the Service and/or the Site. Vegas Games expressly reserves the right (although it has no obligation, except as may otherwise be required by any applicable law) to edit, block, disable, move and remove without any advance notice any User Content (or any aspect, element or portion of any particular User Content) without any advance notice and at any time and from time to time, at Vegas Games’ sole discretion.
Vegas Games may, without any advance notice and at any time and from time to time, take any action that Vegas Games considers appropriate, in its sole discretion, with respect to the Applications, the Service, the Site and any User Content. However, you understand and agree that Vegas Games shall have no obligation or liability regarding any User Content, including, but not limited to, modifying or removing any User Content. By entering into and accepting these Terms of Service, you provide your irrevocable consent to any such monitoring, editing, modification, blocking, disabling and/or removal of any or all of your User Content. You acknowledge and agree that you have no expectation of privacy concerning the access, use, or transmission of any User Content.
Vegas Games IS NOT RESPONSIBLE, AND SHALL HAVE NO OBLIGATION OR LIABILITY, FOR ANY MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT AND/OR INFORMATION THAT IS POSTED IN ANY FORUM, BLOG, CHAT ROOM OR OTHER FEATURE OR FUNCTIONALITY THAT IS PART OF ANY OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE.
You expressly agree that Vegas Games has the right, without any advance notice and at any time and from time to time, at Vegas Games’ sole discretion, to disclose any User Content or other information (including without limitation text, voice communication(s), IP address(es) and your personal information): (a) in response to legal process (for example, a court order, search warrant or subpoena); (b) so that Vegas Games may satisfy any applicable law, statute, treaty, directive, rule or regulation, or governmental request; (c) to allow Vegas Games to enforce these Terms of Service, VG’s Privacy Policy, or any other agreement, policy, terms or conditions adopted by Vegas Games, at its sole discretion; (d) to protect VG’s legal rights and remedies; (e) in other circumstances in which we believe that any of the Applications, the Service and/or the Site are being used in the commission of a crime (including, but not limited to, Vegas Games’ election to exchange or share information with other companies and organizations for the purposes of fraud protection and credit risk reduction) and for the purpose of reporting such information to the appropriate authorities; (f) to report any suspected crime or other offensive behavior to the appropriate authorities; (g) when Vegas Games has a good faith belief that there is a threat to the health and/or safety of any person or the public generally; and (h) when necessary to protect the rights, interests and/or property of Vegas Games, or for Vegas Games to perform any services that you have requested.
By subscribing to any of the Applications and/or the Service through or by means of any social networking service, such as, by way of example, through Facebook or Twitter, or by registering an Account with Vegas Games, you understand that you may receive communications relating to our Applications, the Service and/or the Site. These communications could relate to such things as current or upcoming changes, features, and latest developments. With respect to any such applicable SNS, you understand that you can adjust the options or settings applicable to the relevant social network in order to determine, limit or stop particular types of communications from being sent to you through the applicable social networking site(s). You can also adjust the settings of your Vegas Games Account in order to determine, limit or stop particular types of communications from being sent to you by Vegas Games. Vegas Games may also establish communication outlets such as forums, chat areas/rooms, bulletin boards, newsletters, or e-mail functions in or through any of the Applications, the Service and/or the Site. You understand that if you are subscribed to receive communications from Vegas Games, you may periodically receive information by email or other form or medium from us regarding current and future aspects, features, and/or other changes relating to any of the Applications, Services and/or the Site. You also understand that you may unsubscribe from receiving such communications at any time simply by following the unsubscribe procedures that are provided in connection with any such communications.
Certain of the Applications, the Service and/or the Site are capable of sending you notifications, including, but not limited to, pop-ups and/or push notifications, and such notifications may be used to alert you to current or upcoming activities, including, but not limited to, promotions, contests and/or other promotional events. You may choose to not receive or to stop receiving such notifications by adjusting your mobile or non-mobile device’s settings in order to decline or disable such notifications.
Should you have any questions, comments or concerns, please feel free to send us a message, describing the matter that you would like to discuss in reasonable detail, to support@vegasgames.com. Please note that your questions may be referenced in Vegas Games’ Frequently Ask Questions webpage. Additionally, you can also send any specific questions or correspondence to us at our business address:
Vegas Games Inc.
850 Stanton Road
Burlingame, CA 94010
You are entirely and solely responsible for any interaction with any individual or individuals that may occur in connection with your access or use of the Applications, the Service and/or the Site. Vegas Games reserves the right, but has no obligation, to become involved in any such matters or disputes. You acknowledge and agree that you will cooperate with Vegas Games to the fullest extent in the event Vegas Games deems it necessary to investigate or intercede with any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Vegas Games access to any password-protected portions of your Account.
Should a dispute arise between one or more individuals, you hereby release Vegas Games and any Vegas Games Representative(s) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you unconditionally and irrevocably waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
You understand that the Applications, the Service and the Site may contain, display, perform, distribute, promote, feature, stream or otherwise provide advertisements from Vegas Games or third parties. Vegas Games’ disclosure of information of or concerning any such third-party advertising is addressed in VG’s Privacy Policy.
Some of our business partners or third parties that assist us in making available or otherwise providing the Applications, the Service and/or the Site, may grant you a limited license to use their respective software programs, tools, utilities and/or code modules (collectively, the “Third-Party Software”) which have been integrated into any of the Applications, the Service and/or the Site (as applicable). The sources of the Third-Party Software prohibit any form of decompilation or other efforts to reverse engineer their respective software programs, tools, utilities or code modules, and do not grant or otherwise make or extend any representations or warranties to you regarding the Third-Party Software. Please note that the Third-Party Software perform functions, including, but not limited to, displaying third-party advertising, processing purchases, and collecting usage and transactional data. The collection, storage, sharing and/or use of your information and related data are governed by the privacy policies of the sources of any such Third-Party Software.
Dynamic links may appear on or within the Applications, the Service and/or the Site that may be used to link to other websites. These links are provided as a courtesy by our business partners and third-party vendors and service providers so that individuals that access and use any of the Apps, the Service and/or the Site may take part in promotional opportunities that offer Virtual Items and/or other forms of content, services or benefits in return for taking part in a particular promotion. Please be aware that such offers may solicit you to submit information, including, but not limited to personal information and data regarding you and your activities if you elect to purchase or otherwise participate in any manner with any of their products or services. You acknowledge and agree that any charges or obligations are entirely your responsibility should you incur them as a result of these third parties and said promotional offers. Vegas Games makes no representation or warranty regarding any content, goods, and/or services provided by any third party, even if linked to or from the Apps, the Service, or the Site. Vegas Games is not responsible for, and does not endorse, represent or warrant in any way any third party's content, goods and/or services even if they are linked to or from any of the Apps, the Service and/or the Site. Vegas Games shall have no obligation or liability for any claim relating to any third-party content, goods and/or services. Please understand that Vegas Games has no control over any linked sites or how such sites may solicit, collect, store, share or otherwise use any information of or concerning you, including, but not limited to, any personal information or related data. Vegas Games shall have no obligation or liability for any of the business practices, terms of service, terms of use, privacy policies, content, materials, information, goods or services made available, hosted, performed, displayed, contained, distributed, or otherwise used or exploited in connection with any linked websites, nor for the solicitation, collection, storage, sharing, disclosure, or any other use or commercialization of any information of or concerning you, including, but not limited to, any personal information or related data that is or may be used by any third parties. Therefore, if you choose to access or use any of the linked websites, you understand and agree that you do so entirely at your own risk. Please review VG’s Privacy Policy for more information concerning how Vegas Games collects, stores, shares, and uses information of or concerning you in connection with any of the Applications, the Service and/or the Site. Vegas Games reserves the right (but has no obligation) to terminate any link at any time and from time to time, at its sole discretion. Further, the inclusion of any link does not imply any endorsement by Vegas Games of any linked sites or any content, services or products related to any such third-party advertisements.
The Applications, the Service and the Site are © 2013 Vegas Games Inc. All rights reserved.
Vegas Games and the Vegas Games logo are used under license and are trademarks or registered trademarks of James Alan Cook in the U.S. and other countries. All other trademarks are the property of their respective owners. All rights reserved.
Vegas Games is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230, and expressly reserves its rights not to be regarded or deemed to be the author or publisher of any information provided by another information content provider in connection with any of the Applications, the Service and/or the Site.
If you are a copyright owner or an agent thereof and believe that any of the content of any of the Apps, the Service and/or the Site infringes upon any copyrights that you own or otherwise control, you may submit a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) by providing VG’s designated agent (the “Copyright Agent”) with the following information in writing (See, 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive copyright that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Vegas Games to locate such material;
(d) Information reasonably sufficient to permit Vegas Games to contact you, such as an address, telephone number, and, if available, an e-mail address at which you can be contacted;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
Vegas Games’ designated Copyright Agent, who is authorized to receive notifications of claimed infringement under the DMCA, is Gavan W. Cook, 850 Stanton Road, Burlingame, CA 94010; e-mail: legal@vegasgames.com. FOR CLARITY, ONLY DMCA NOTICES SHOULD BE SENT TO VG’S DESIGNATED COPYRIGHT AGENT. All other correspondence, requests for technical support, and other communications should be directed to Vegas Games’ customer service personnel, who can be reached via email at: support@vegasgames.com. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 9.1, your DMCA notice may not be valid.
If you believe that any of your User Content that was removed (or to which access was disabled) does not infringe the material(s) referenced in the notice of infringement received by VG pursuant to Section 9.1, above, or if believe that you have the necessary authorization from the relevant copyright owner, the copyright owner’s agent or pursuant to applicable law to post and otherwise use the allegedly infringing material(s) that are contained in or performed or displayed as part of your User Content, you may send a counter-notice containing the following information to VG’s designated Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of the particular User Content that has been removed or to which access was disabled and the location at which the User Content appeared before it was removed or access to it was disabled;
(c) A statement under penalty of perjury that you have a good faith belief that the User Content at issue was removed or disabled as a result of a mistake or misidentification of such User Content; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located, or if the address is outside the United States, for any judicial district in which VG may be found, and a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If a counter-notice is received by VG’s designated Copyright Agent, VG may send a copy of the counter-notice to the original complaining party informing such person or entity that VG may replace the removed User Content or cease disabling it, after the expiration of ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it may be restored, in 10 to 14 business days (or more) after receipt of the counter-notice, at VG’s sole discretion.
Vegas Games EXPRESSLY RESERVES THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, AT ITS SOLE DISCRETION, TO CHANGE, UPDATE, ALTER OR OTHERWISE MODIFY ANY OR ALL OF THE APPS, THE SERVICE AND/OR THE SITE. ANY SUCH MODIFICATION MAY RESULT IN A “RESET” THAT CAUSES YOU TO RETURN TO AN EARLIER PART OF THE RELEVANT APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY PRIOR GAME ENVIRONMENT OR MAY RESULT IN A RESET TO AN EARLIER STATE WITHIN THE AFFECTED APPLICATION, AND MAY AFFECT CHARACTERS, LEVELS, PROPERTIES, ENTITLEMENTS, AND/OR OTHER FEATURES OR FUNCTIONALITIES WITHIN THE RELEVANT APPLICATION. Vegas Games RESERVES THE RIGHT TO MAKE AND IMPLEMENT ANY AND ALL SUCH UPDATES AND SHALL HAVE NO OBLIGATION OR LIABILITY TO YOU OR ANY THIRD PARTIES AS A CONSEQUENCE OF ADOPTING AND MAKING ANY SUCH MODIFICATIONS TO ANY OR ALL OF THE APPS, THE SERVICE AND/OR THE SITE.
Vegas Games may, at its sole discretion, suspend, revoke or terminate your right to access and/or use any of the Applications, the Service and/or the Site, or suspend, revoke or terminate your right to access and/or use any Virtual Currency or other Virtual Items, all with or without advance notice to you, if Vegas Games in good faith believes that (a) you or a related party has engaged in any prohibited conduct as referenced in these Terms of Service, or breached or otherwise failed to comply with any of the terms or conditions referenced in these Terms of Service, or violated any applicable law; or (b) your Account has been inactive, or you fail to access or use any of the Apps, the Service and/or the Site, for a period exceeding 180 days.
Vegas Games reserves the right to discontinue or not make available any one or more or all of the Applications, the Service, the Site, any and all Virtual Items, and/or any aspect or portion of any of the foregoing, at any time and from time to time, whether on a temporary or permanent basis and without any obligation or liability, including, but not limited to, any refund or other form of compensation to you or any third party. Your limited License Rights to access and use the Applications, the Service, the Site, and/or Virtual Items automatically ends when Vegas Games terminates your access to any of the Applications, the Service, the Site, and/or any or all Virtual Items. If we stop supporting any particular form(s) of Virtual Currency, we will provide at least thirty (30) days advance notice by posting such notice on the Site.
In the event that you violate these Terms of Service and Vegas Games revokes the limited License Rights granted to you to access and/or use the Applications, the Service and/or the Site, you will lose any and all benefits, privileges, content and services that are associated with your Account and/or your prior access and use of any of the Apps, the Service and/or the Site, including, but not limited to, any and all Virtual Items and/or intangible Merchandise. Vegas Games shall have no obligation or liability to you for any such losses or results.
You represent and warrant for the benefit of Vegas Games, the VG Representatives, and any third parties associated with the Applications, the Service and/or the Site (as applicable) that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms of Service; (b) all information submitted by you in connection with any of the Applications, the Service and/or the Site is true, complete, correct and accurate, and such information will be updated immediately should any changes in such information occur; (c) you will not use the Site or any of the Applications, the Service and/or the Site for any purpose that is unlawful, prohibited by these Terms of Service, or otherwise in conflict with the spirit of these Terms of Service or any other policy that Vegas Games has in effect; (d) you will make and maintain back-up copies of the User Content that you post, upload, display, perform, or otherwise distribute in connection with the Applications, the Service and/or the Site; and (e) you possess all legal rights in and to the User Content that you post, upload, display, perform, or otherwise distribute in connection with any of the Applications, the Service and/or the Site, and such User Content will (i) not be in violation of any applicable laws, statutes, treaties, directives, rules and regulations, contractual restrictions, fiduciary duties, or any other third-party rights, (ii) be free of viruses, adware, spyware, worms, ‘bots, malware, or any other malicious or potentially damaging code, and (iii) not otherwise violate these Terms.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE USE OF THE APPLICATIONS, THE SERVICE AND THE SITE IS AT YOUR SOLE RISK AND EXPENSE. THE APPLICATIONS, THE SERVICE AND THE SITE, AS WELL AS ANY THIRD-PARTY PRODUCTS OR SERVICES THAT ARE MADE ACCESSIBLE BY MEANS OF THE SERVICE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR PERSONAL, NON-COMMERCIAL USE, WITHOUT ANY WARRANTIES OF ANY KIND OR NATURE, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT (UNLESS AND TO THE EXTENT ANY PARTICULAR WARRANTIES MAY NOT LEGALLY BE EXCLUDED).
NO WARRANTY IS GIVEN TO YOU CONCERNING THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE APPLICATIONS, THE SERVICE OR THE SITE. Vegas Games DOES NOT ASSUME ANY LIABILITY FOR YOUR INABILITY TO OBTAIN ACCESS TO THE APPLICATIONS, THE SERVICE AND/OR THE SITE, OR FOR ANY INABILITY TO OBTAIN ACCESS TO ANY OF THE CONTENT, VIRTUAL ITEMS, DIGITAL GOODS, ENTITLEMENTS, FEATURES, FUNCTIONALITIES, AUDIOVISUAL WORKS, PLAYER CONTROLS, OPTIONS, BENEFITS, PRODUCTS OR SERVICES THAT ARE PART OF ANY OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE. WHILE Vegas Games AND ITS AFFILIATES, LICENSEES AND SUBLICENSEES WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE APPLICATIONS, THE SERVICE, THE SITE, AND THE CONTENT RELATING TO ALL OF THE FOREGOING, TO YOU AND TO OTHER INTERESTED INDIVIDUALS, Vegas Games DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE APPLICATIONS, THE SERVICE AND/OR THE SITE, OR USE ANY OR ALL OF THE CONTENT CONTAINED WITHIN OR DISPLAYED AS PART OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE, AT YOUR PREFERRED TIMES OR LOCATIONS, OR THAT Vegas Games WILL BE ABLE TO MAINTAIN THE CAPABILITY OF PROVIDING AND OPERATING THE APPLICATIONS, THE SERVICE, THE SITE, AND/OR THE CONTENT RELATING TO EACH OF THE FOREGOING (AS APPLICABLE), AVAILABLE TO YOU AND OTHER INTERESTED INDIVIDUALS AT ANY PARTICULAR TIMES OR IN ANY PARTICULAR GEOGRAPHIC AREAS.
NEITHER Vegas Games NOR ANY OF THE OTHER VG REPRESENTATIVES ENDORSES, GUARANTEES, WARRANTS, OR MAKES ANY REPRESENTATION WITH REGARDS TO ANY THIRD-PARTY PRODUCT OR SERVICE THAT IS OFFERED OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH ANY OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE(OR ANY PORTION OF ANY OF THE FOREGOING), AND NEITHER Vegas Games NOR ANY OF THE OTHER VG REPRESENTATIVES WILL BE A PARTY, NOR IN ANY WAY BE RESPONSIBLE FOR MONITORING, INDIVIDUALLY OR COLLECTIVELY, ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF ANY PRODUCTS OR SERVICES.
WHILE Vegas Games AND ITS AFFILIATES, LICENSEES AND SUBLICENSEES WILL USE COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, NEITHER Vegas Games NOR ANY OF THE OTHER VG REPRESENTATIVES SHALL BE DEEMED TO HAVE ASSUMED OR SHALL HAVE ANY OBLIGATIONS OR LIABILITY FOR ANY LOSS OF DATA OR LOSS OF USE OF ANY DEVICE OR SOFTWARE APPLICATION AS A RESULT OF ANY DAMAGE CAUSED TO ANY OF YOUR HARDWARE DEVICES OR SOFTWARE APPLICATIONS, NOR FOR ANY OTHER LOSS OR DAMAGE SUFFERED OR INCURRED (OR ALLEGEDLY SUFFERED OR INCURRED) BY YOU OR ANY THIRD PARTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Vegas Games OR ANY OF THE OTHER VG REPRESENTATIVES ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE PRIVACY POLICY, THE USAGE POLICIES, THE APPLICATIONS, THE SERVICE, THE SITE, AND/OR ANY THIRD-PARTY PRODUCTS OR SERVICES THAT ARE MADE ACCESSIBLE BY MEANS OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE (AS APPLICABLE), IS TO CEASE YOUR USE OF THE APPLICATIONS, THE SERVICE, THE SITE, AND/OR ANY SUCH PRODUCTS OR SERVICES, TO TERMINATE YOUR ACCOUNT (IF APPLICABLE), AND TO PARTICIPATE IN THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN SECTION 19, BELOW. YOU ACKNOWLEDGE AND AGREE THAT Vegas Games AND THE OTHER VG REPRESENTATIVES SHALL HAVE NO OBLIGATION OR LIABILITY AS A RESULT OF ANY ACT OR FAILURE TO ACT BY ANY SUCH PERSONS AND ENTITIES (OR BY ANY OTHER PERSONS OR ENTITIES) REGARDING THE APPLICATIONS, THE SERVICE AND/OR THE SITE, OR AS A RESULT OF ANY ACTIVITIES, CONDUCT OR COMMUNICATION ON OR BY MEANS OF ANY OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE, OR ANY USE OF (OR INABILITY TO USE) ANY OR ALL OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE (OR ANY PORTION OF ANY OF THE FOREGOING).
THE INDIVIDUAL OR COLLECTIVE LIABILITY OF Vegas Games AND/OR THE VG REPRESENTATIVES TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT THAT YOU ACTUALLY PAID TO Vegas Games FOR THE APPLICATIONS, THE SERVICE AND/OR ANY OF THE CONTENT RELATING TO ANY OF THE FOREGOING. NEITHER Vegas Games NOR ANY OF THE OTHER VG REPRESENTATIVES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTIAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES UNDER THESE TERMS OF SERVICE, THE PRIVACY POLICY, THE USAGE POLICIES, OR ARISING FROM YOUR USE OF (OR INABILITY TO USE) ANY OF THE APPLICATIONS, THE SERVICE, THE SITE, AND/OR ANY OF THE CONTENT RELATING TO ANY OF THE FOREGOING, OR AS A RESULT OF ANY OTHER CLAIM ARISING IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) ANY OF THE APPLICATIONS, THE SERVICE, THE SITE, AND/OR ANY OF THE CONTENT RELATING TO ANY OF THE FOREGOING, AND/OR RELATING IN ANY MANNER TO ANY ACCOUNT THAT YOU ELECT TO ESTABLISH. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF Vegas Games AND THE OTHER VG REPRESENTATIVES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend and hold Vegas Games and the other VG Representatives harmless from and against all claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and court costs), arising out of, in connection with or otherwise relating to (i) your access and use of (or inability to access and use) any of the Applications, the Service, the Site, and/or any of the content relating to any of the foregoing; (ii) your breach or alleged breach of these Terms of Service, VG’s Privacy Policy, and/or the Usage Policies; (iii) any breach or alleged breach of any third-party intellectual property rights or other proprietary rights arising in connection with any User Content (or any portion thereof) for which you are responsible; and (iv) any unauthorized or illegal use of any Account that you elect to establish (e.g., any improper use of your Account by an individual that you have permitted to use your Account).
Vegas Games and the other VG Representatives reserve the right, at its/their own expense, to assume the exclusive control of the defense and/or settlement of any of the types of matters for which you have an indemnification obligation hereunder. In such event, you shall nevertheless be entitled to participate in such proceeding, at your own risk and expense, with counsel of your choosing.
The provisions of this Section 14 shall survive the cessation or discontinuance of the Applications, the Service and/or the Site (as applicable), the termination of any Account that you elect to establish, the termination of your License Rights to access and use the Applications, the Service and/or the Site, and any termination of these Terms of Service.
Vegas Games DOES NOT RECOMMEND THAT ANYONE (WHETHER ALONE OR IN CONCERT WITH OTHERS) USE OR ATTEMPT TO USE ANY OF OUR GAMES, OR ANY OF THE APPLICATIONS, THE SERVICE, THE SITE, AND/OR ANY OF THE CONTENT RELATING TO ANY OF THE FOREGOING (AS APPLICABLE) DURING OR WHILE PERFORMING OTHER ACTIVITIES THAT REQUIRE ONE’S FULL ATTENTION (SUCH AS DRIVING, BICYCLING, ROLLERBLADING, FLYING, SKIING, SNOWBOARDING, ETC.) OR WHENEVER OR WHEREVER THERE EXISTS A SIGNIFICANT RISK OF CAUSING OR BECOMING INVOLVED IN ANY FORM OF DANGER OR INJURY. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT ACCESS OR USE ANY OF THE APPLICATIONS, THE SERVICE, THE SITE, AND/OR ANY OF THE CONTENT RELATING TO ANY OF THE FOREGOING, DURING ANY SUCH ACTIVITIES, AND THAT ANY SUCH USE SHALL BE A VIOLATION OF THESE TERMS OF SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS FULLY AND WHOLLY YOUR REPONSIBILITY AND IS DONE AT YOUR SOLE RISK AND EXPENSE, AND Vegas Games SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE THAT MAY RESULT FROM ANY SUCH UNAUTHORIZED, INAPPROPRIATE, OR RECKLESS USE OF ANY OF THE APPLICATIONS, THE SERVICE, THE SITE, AND/OR ANY OF THE CONTENT RELATING TO ANY OF THE FOREGOING.
YOU ASSUME ANY AND ALL RISKS AS TO WHETHER THE APPLICATIONS, THE SERVICE AND/OR THE SITE ARE AND WILL BE SUITABLE, ACCURATE AND APPROPRIATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR USE OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY RISKS AND FOR ANY DAMAGES THAT MAY OCCUR IN CONNECTION WITH YOUR MOBILE OR NON-MOBILE DEVICE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE OR LOSS OF DATA THAT MAY RESULT THEREFROM. SIMILARLY, YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING ANY FORUM, CHAT ROOM, OR OTHER FEATURE OR FUNCTIONALITY WITHIN ANY OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE, YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT OR OTHER OFFENSIVE LANGUAGE OR REFERENCES, AND ANY AND ALL ACTIVITIES UNDERTAKEN BY YOU IN CONNECTION WITH ANY SUCH ACCESS OR USE IS AND SHALL BE DONE SOLEY AT YOUR OWN RISK AND EXPENSE, AND Vegas Games SHALL NOT BE LIABLE IN ANY WAY FOR YOUR ACTIVITIES AND EXPERIENCES REGARDING YOUR EXPOSURE TO ANY OFFENSIVE LANGUAGE OR CONTENT
MATERIALS.
A small percentage of individuals who access and use the Applications, the Service and/or the Site may experience seizures due to photosensitivity epilepsy which is triggered by visual stimuli that form patterns in time or space, such as flashing lights or bold regular patterns, or regular moving patterns. Consequently, exposure to patterns or backgrounds on a video monitor, or playing interactive games on a television, may induce an epileptic seizure. Also please note that persons who have no history of seizures or epilepsy are still at risk of having such conditions triggered in relation to previously undetected epileptic symptoms.
If you, or anyone in your family, have an epileptic condition, please consult your physician prior to accessing or using any of the Applications, the Service and/or the Site. If you should experience any symptoms while accessing or using any of the Applications, the Service and/or the Site, such as dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions, you should immediately stop using the Applications, the Service and/or the Site (as applicable) and consult your physician.
This Agreement shall be governed by and interpreted under the laws of the State of California and of the United States of America, and in each case excluding any bodies of law relating to choice of laws. Subject to the provisions of Section 19, below, you expressly agree that the exclusive jurisdiction for any claim or dispute with Vegas Games or any of the VG Representatives arising out of or relating in any way to these Terms of Service, VG’s Privacy Policy, the Usage Policies, your use of (or inability to use) any of the Applications, the Service, the Site and/or any of the content materials relating to any of the foregoing, and/or regarding any Account or any User Content, shall be solely and exclusively in the federal and state courts located in Santa Clara County or the County of San Francisco, California, U.S.A., except as otherwise agreed by the parties or as expressly referenced in Section 19, below, You further agree and expressly consent to personal jurisdiction in such courts in connection with any dispute involving Vegas Games or any of the VG Representatives.
Please be advised that your conduct and communications (e.g., any User Content that you choose to submit in connection with any of the Applications, the Service and/or the Site, etc.) may also be subject to other local, state, national and international laws, statutes, treaties, directives, rules and regulations, with which you are personally responsible for complying.
The United Nations Convention on Contracts for the International Sale of Goods does not and shall not apply to these Terms of Service, and its application is hereby expressly excluded from any interpretation hereof.
PLEASE READ THIS PROVISION CAREFULLY -- IT AFFECTS YOUR RIGHTS.
BY ACCEPTING THESE TERMS OF SERVICE, BOTH YOU AND Vegas Games, RESPECTIVELY, ARE EACH EXPRESSLY WAIVING THE RIGHT TO BRING AN ACTION IN COURT, THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR GROUP PROCEEDING.
The objective of this provision is to provide you with a reasonable and cost-effective method for resolving any Disputes (as defined below) between us should such a situation ever arise.
This Section 19 covers any and all disputes between you and Vegas Games (each a “Dispute” and, collectively, the “Disputes”), including, without limitation, claims arising out of or relating in any manner to the relationship between you and Vegas Games, whether based in contract, tort, statute, fraud, misrepresentation, or under any other legal theory, whether arising before or after you indicate acceptance of the terms and conditions and enter into this Agreement or after termination of these Terms of Service. Notwithstanding anything to the contrary contained herein, nothing shall prevent either you or Vegas Games from initiating and pursuing legal action (instead of initiating arbitration pursuant to this Section 19), including, but not limited to, seeking immediate issuance of any requested equitable relief, in connection with the following types of claims: (i) any claims regarding the protection, validity, infringement or enforcement of any intellectual property rights; (ii) any claims arising in connection with any allegations of misappropriation, hacking, malware, piracy, violation of privacy or publicity, theft, or unauthorized reproduction, copying, display, performance, use and/or distribution of any particular content materials (or related information or data); and/or (iii) any claims filed as part of a small claims court action (collectively, the “Excluded Claims”).
The provisions of this Section 19 are intended to be interpreted broadly. This provision specifically relates to a transaction or transactions in interstate commerce and, accordingly, the Federal Arbitration Act shall govern and control the interpretation and enforcement of this provision. The provisions of this Section 19 shall survive the cessation or discontinuance of any of the Applications, the Service and/or the Site, the termination of your Account(s) (if any), the termination of your License Rights to access and use any of the Apps, the Service and/or the Site, and any termination of these Terms of Service.
We believe that we should be able to resolve most Disputes relatively quickly and to your reasonable satisfaction by contacting us at support@vegasgames.com. However, if we cannot informally resolve any Dispute to your reasonable satisfaction, then you and Vegas Games mutually agree to be bound by the following procedures to resolve any such Dispute.
You and Vegas Games both agree, respectively, to informally negotiate and endeavor to amicably resolve any Dispute (other than any Excluded Claims) for up to thirty (30) days (or such longer period as may be mutually agreed by you and Vegas Games in writing) before invoking arbitration. Such 30-day negotiation period shall commence upon either party’s receipt of written notice from the other party of the existence of a dispute (a “Dispute Notice”). Each Dispute Notice should include: (a) the full name and then-current contact information regarding the party initiating the Dispute; (b) reasonably detailed information regarding the nature and basis of the claimed Dispute; and (c) a reasonably detailed statement (including monetary amounts) of the specific relief requested. You must send your Dispute Notice to: Vegas Games Inc., 850 Stanton Road, Burlingame, CA 94010, Attn: Legal Department (the “Notice Address”). Vegas Games will send its Dispute Notice to you at your email address (if you previously provided it to Vegas Games) or to your billing address (if you previously provided it to Vegas Games).
If you and Vegas Games are not able to resolve a Dispute (that is not an Excluded Claim) through informal negotiations within thirty (30) days after receipt of a valid and effective Dispute Notice (or such longer period as may be mutually agreed by you and Vegas Games in writing), either you or Vegas Games may elect to have such Dispute resolved by binding arbitration. For any Dispute (that is not an Excluded Claim) where the total amount of the damages sought is less than ten thousand dollars ($10,000) USD, the party requesting relief may elect to have such Dispute resolved by means of binding arbitration (as referenced herein). In the event a party elects arbitration, such arbitration shall be conducted by an established alternative dispute resolution ("ADR") service provider, as mutually agreed by the parties in writing. Either party’s election to arbitrate any Dispute shall be binding on the other party. The arbitration may be conducted in person, telephonically, online, and/or be based solely on documents submitted to the arbitrator; provided, however, personal appearances by the parties or any witnesses shall not be required (except as may otherwise be expressly agreed by the parties). The arbitrator will be obliged to provide a written decision, and, if requested by either party, to provide a statement of reasons supporting the arbitrator’s decision and award (if any). The award rendered by the arbitrator shall be final and judgment thereon may be entered in any court of competent jurisdiction; provided, however, the arbitrator must follow applicable law and, in the event of any failure to do so, the arbitrator’s award may be challenged.
The resolution of any Dispute in accordance with the provisions of this Section 19 shall be limited to the particular Dispute between you (individually) and Vegas Games. To the fullest extent permitted by applicable law, (i) no Dispute or related arbitration proceeding may be consolidated, joined or otherwise combined with any other claim or dispute; and (ii) no Dispute or related arbitration proceeding may be initiated in any so-called “representative” capacity (i.e., on behalf of any other persons or entities, or on behalf of the general public). You acknowledge and agree that you are only entitled to initiate a Dispute against Vegas Games solely in your capacity as an individual and not as a class-action plaintiff or as a member of a class in any attempted or purported class-action or “representative” proceeding.
As Vegas Games’ business operations expand, it is foreseeable that Vegas Games may elect, at any time and from time to time, at its sole discretion, to make future revisions, changes and other modification(s) to the provisions of this Section 19. We encourage you to review our Terms of Service regularly, at your convenience, so that are knowledgeable regarding our then-current policies, procedures and ongoing efforts to amicably resolve any and all Disputes (if any) that may arise in connection with your relationship with Vegas Games and/or your activities accessing and using any of the Applications, the Service and/or the Site.
Any and all claims that you choose to initiate against Vegas Games or any of the VG Representatives must be resolved in accordance with the provisions of this Section 19. Any claim filed by you that conflicts with or is otherwise contrary to any of the provisions of this Section 19 shall be considered improperly filed. If a claim is filed by you or in your behalf that conflicts with or is contrary to this Section 19, Vegas Games shall be entitled to recover attorneys' fees and costs up to $1000 (USD), provided that Vegas Games provides you with written notice of the improperly filed claim and you refuse or otherwise fail to have such claim promptly withdrawn or dismissed.
Vegas Games MAKES NO REPRESENTATION, WARRANTY OR GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION OR DATA TRANSMITTED ON OR THROUGH THE APPLICATIONS, THE SERVICE, THE SITE AND/OR ANY WEB SITE THAT IS LINKED TO ANY OF THE APPLICATIONS, THE SERVICE AND/OR THE SITE.
Vegas Games will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Applications, the Service or the Site.
Pursuant to Cal. Civil Code § 1789.3, please note that: (a) Vegas Games has an office located at 850 Stanton Road, Burlingame, CA 94010, (b) the fees and charges for the Applications, the Service and/or any particular content that can be accessed and used as part of the Applications, the Service and/or the Site vary depending on the products and/or services selected by you, and (c) if you have a complaint regarding any of the Applications, the Service, the Site or any of the content relating to any of the foregoing, or desire further information any of the Applications, the Service, the Site and/or any of such content, please visit our Customer Support webpages at support@vegasgames.com. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
We recommend that you bookmark www.vegasgames.com/ and visit our Site regularly to see whether Vegas Games has issued any updates, changes or other modifications to any of the terms or conditions of our Terms of Service.
Pursuant to California SB 568, please note that individual end users under the age of 18 will be allowed to request the removal of content and/or information posted by means of the Apps, the Service, and/or the Site by any such user; provided, however, such right only applies if Vegas Games has actual knowledge that a user is under the age of 18, whether through a public post or through direct notice from the affected user.
These Terms of Service (including VG’s Privacy Policy and other materials incorporated by reference into this Agreement) and any posted Usage Policies, rules, guidelines and/or instructions regarding any particular content (e.g., any game, software application, activity, contest, sweepstakes or other promotional event, etc.) constitute the entire agreement between you and Vegas Games relating to your rights and obligations in accessing and using any of the Applications, the Service, the Site and/or any of the content relating to any of the foregoing, and supersedes in their entirety any and all prior and contemporaneous terms and conditions regarding access and use of the Applications, the Service, the Site and any and all such content (whether written or otherwise), and any and all prior communications disseminated by or on behalf of Vegas Games or any of its affiliates relating to the subject matter of this Agreement. If there is any conflict between these Terms of Service and any other rules, guidelines or instructions posted in connection with any of the Applications, the Service and/or the Site, Vegas Games will resolve the conflict as it deems appropriate, at its sole discretion.
You acknowledge and agree that these Terms of Service are specifically intended to confer the particular rights, remedies and obligations referenced herein only upon the parties to this Agreement, except as otherwise expressly set forth herein. You also acknowledge and agree that these Terms of Service, as well as any other materials referenced herein and/or otherwise incorporated into these Terms of Service (e.g., VG’s Privacy Policy, Usage Policies, etc.), including, without limitation, Vegas Games’ enforcement of any such policies or guidelines, are not intended to confer, and do not confer, any rights, remedies or obligations upon any third party or third parties, except as expressly set forth herein.
You are not authorized to assign or otherwise transfer these Terms of Service, in whole or in part, or to assign, sublicense or otherwise transfer any of the License Rights granted to you hereunder, nor are you authorized to delegate any of your obligations hereunder, to any third party unless you have first obtained Vegas Games’ written consent for any proposed assignment, transfer, sublicense and/or delegation. Any unauthorized assignment, transfer, sublicense and/or delegation, without any required consent having first been obtained, shall be null and void, and shall constitute a material breach of these Terms of Service.
Vegas Games shall be freely entitled to assign and otherwise transfer these Terms of Service and may assign, sublicense and otherwise transfer any of its rights hereunder and/or delegate any of its obligations hereunder, at its sole discretion, in whole or in part, without restriction.
Subject to the foregoing, these Terms of Service shall bind and inure to the benefit of the parties, their heirs, legal representatives, successors and permitted assigns.
You understand and agree that Vegas Games may, at its sole discretion, at any time and from time to time, add to, delete from, alter, amend, change or otherwise modify these Terms of Service (collectively, "Amendments"), including, without limitation, Amendments that add fees, change payment methods, or that revise or modify any of the then-current terms or conditions regarding access to and/or use of the Applications, the Service and/or the Site. Notice of any Amendment or Amendments will be posted on the Site. In addition, we may, at our sole discretion, provide you with notice of Amendments through any of the Applications and/or the Service. Amendments will become effective ten (10) days after the date on which notice is first given, unless another time is expressly stated by Vegas Games. Your use of any of the Applications, the Service and/or the Site after the effective date of any Amendment will be deemed to indicate and to have confirmed that you expressly agree and consent to such Amendment and to these Terms of Service as amended. If you do not wish to be bound by an Amendment, you must terminate your Account and cease and desist accessing and/or using any of the Applications, the Service and/or the Site. No Amendment to these Terms of Service will become effective unless and until the expiration of the applicable notice period following Vegas Games’ posting of the Amendment in conjunction with any of the Applications, the Service and/or the Site. No other amendments will be valid unless they are in writing and signed by both an appropriate representative of Vegas Games and yourself. For the purposes of this provision, "writing" shall not mean, refer to, include or denote an e-mail message, and a signature shall not mean, refer to, include or denote an electronic signature.
In the event any provision of these Terms of Service (or any part thereof) is held to be invalid, illegal or otherwise unenforceable, such provisions (or part thereof) shall be limited or eliminated to the minimum extent necessary to make it valid and enforceable and, as nearly as possible, or reflect the original intentions of Vegas Games, while the remaining provisions of these Terms of Service shall remain in full force and effect.
The failure or delay by Vegas Games in exercising or enforcing any right, power or remedy under of these Terms of Service shall not constitute a waiver of any such right, power or remedy. No waiver of any provision of these Terms of Service shall be effective unless it is set forth in a writing signed by Vegas Games. Any waiver of any provision of these Terms of Service shall not be construed as a waiver of any other provision of this Agreement, nor shall such waiver operate as or be construed as a waiver of such provision respecting any future event or circumstance.
The headings of the sections and subsections of these Terms of Service are for convenience of reference only and shall not be of any effect in construing the meanings of any Section or provision hereof. These Terms of Service shall be fairly interpreted in accordance with the stated provisions and without any strict construction in favor of or against either party, and in the event of any ambiguity, the affected provision (or portion thereof) shall not be interpreted against Vegas Games by virtue of it having drafted these Terms of Service. References herein to the “U.S.,” “U.S.A.,” “United States,” or “United States of America,” shall refer to the United States of America (including the District of Columbia).
Vegas Games operates the Applications, the Service and the Site from its offices in Santa Clara County, California and makes no representations that any content is appropriate or available for use in other locations. Access or use of any of the Applications, the Service and/or the Site from any territory where the content is illegal is absolutely prohibited and unauthorized. If you choose to access or use the Applications, the Service or the Site from any other location, you do so at your own risk and are solely responsible for compliance with any and all applicable local, state, federal and international laws, statutes, treaties, directives, rules and regulations. The display of the Site alone does not subject Vegas Games to any specific jurisdiction. You may not use or export any aspect or content connected with the Applications, the Service or the Site in violation of U.S. export laws and regulations. Any claim related to the use of the Site or the Applications shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action brought in connection with the Site or Applications or any other Vegas Games content or services shall be brought in either the state or federal courts with jurisdiction in San Francisco County, California. The parties hereby waive any claim or defense that such forum is not convenient or proper and consent to service of process by any means authorized by California law.
All notices required by or allowed under these Terms, including notices of problems and/or inaccuracies in the Site or Applications should be addressed to Vegas Games Inc., 850 Stanton Road, Burlingame, CA 94010. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to Vegas Games or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against Vegas Games or any of its affiliates, officers, employees, agents or representatives, where notice to Vegas Games is required by contract, or any federal, state or local laws, rules or regulations. If, but only if, applicable law requires that we accept e-mail notices, then you may send us e-mail notice at legal@vegasgames.com. With respect to our notices to you, we may provide notice of Amendments by posting them on the Site and you agree to check at appropriate regular intervals to see if any changes have taken effect or will be in the future. We may also give notice by sending an e-mail to the e-mail address that you provide to Vegas Games, either through registering for the Service or otherwise. Notice shall be deemed given twenty-four (24) hours after it is posted or an e-mail is sent, unless (as to e-mail) the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided during registration. In such case, notice shall be deemed given three (3) days after the date of mailing.
You acknowledge that the rights granted and obligations made under these Terms of Service to Vegas Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Vegas Games and which cannot be replaced by monetary damages alone so that Vegas Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Application, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 13 (if any).
Vegas Games shall not be liable to the extent that performance of its respective obligations, attempts to cure any breach, or any delay or failure to perform, are delayed or prevented by any act that is outside the reasonable control of Vegas Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Vegas Games’ control such as acts of God, fire, natural disaster, accident, act of government, war, terrorism, riots, embargoes, acts of civil or military authorities, floods, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, materials, supplies, or any other cause beyond the reasonable control of Vegas Games.
Certain features or parts of the Applications, the Service or the Site may require you to read and agree to additional terms and conditions that are specific to that particular aspect or element of the Applications, the Service or the Site (“Specific Terms”). Your right to use the affected part of the Applications, the Service or the Site is subject to any such Specific Terms and the provisions of these Terms of Service. If there is any conflict between these Terms of Service and the Specific Terms, Vegas Games will resolve the conflict as it deems appropriate, at its sole discretion.