PLAYFALLSVIEW.COM™ SOCIAL CASINO - TERMS OF SERVICE
Effective: May 22, 2020
The free social casino games (the “Games”) made available on the services provided under the brand PlayFallsview.com™ are for amusement purposes only and are intended for and may only be used by individuals who are residents of the Province of Ontario and at least 19 years of age. No actual money or anything of value can be won playing these Games. Practice or success at social casino gaming does not imply future success at real-money gambling. Void where prohibited.
Notwithstanding the fact that our Games are available solely for amusement, without the ability to win any real money or anything of real value, you are prohibited from playing any of our Games if you are on any patron self-exclusion list or other patron exclusion list which includes any statutory or regulatory exclusion lists or directories where individuals named therein are legally prohibited from playing casino and/or free-to-play games.
These Terms of Service (“Terms”) are an agreement between you (“you” or “user”) and MGE Niagara Entertainment Inc. and its Affiliated Parties (as defined in Section XI) (“MGE”, “we”, “us” or “our”). These Terms govern your access to and use of the Games available through our websites, mobile and online applications, and any interactive features, applications, widgets, and their respective contents, whether accessed via computer, mobile device or other technology (collectively, the “Services”).
By using the Services, you agree to be bound by the terms and conditions contained in these Terms and consent to receive commercial electronic messages from MGE. Recipients will be provided with a mechanism to unsubscribe from future electronic communications at any time.
If you do not agree to the terms and conditions contained in these Terms, you may not access or otherwise use the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
We may, in our sole discretion, modify these Terms with or without notice to you. By continuing to access and use the Services after modification by us, you are agreeing to any such modifications.
II. ELIGIBILITY AND REGISTRATION
You must be at least 19 years old, be a resident of the Province of Ontario, Canada, and have the legal capacity to enter contracts to use the Services. We reserve the right to verify age or location at any time, but your continued use of the Services is a representation by you that you meet this eligibility. We further reserve the right to terminate the Services in whole or in part, or to terminate or deny access to the Services by any individual, at any time in our sole discretion.
You are required to establish an account and/or to register on the Services (an “Account”) in order to take advantage of certain features of the Services. This Account is limited to your personal use and may not be transferred or assigned to any other person. If you provide any personally identifiable information (“Personal Information”) to us for the purpose of using the Services, you agree to (a) provide true, accurate, current and complete Personal Information about yourself as prompted by the Services, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any Personal Information that is false, inaccurate, outdated or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, we have the right to suspend or terminate your Account and prohibit any and all current or future use of the Services (or any portion thereof) by you. You are limited to one Account to use the Services. You may not use false or fictitious names or use multiple email addresses to create multiple Accounts. In addition, you may not merge a number of different Accounts for any purpose, including to gain an unfair advantage in Game play.
You are responsible for maintaining the confidentiality of the password for your Account and are fully responsible for all activities that occur under your password on your Account. MGE reserves the right to refuse registration of, or cancel, a username in its sole discretion. You agree to (a) immediately notify MGE of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. You agree to be responsible for all actions resulting from the use of your Account on the Services, including actions resulting from unauthorized use of your Account prior to your taking steps to prevent such occurrence by changing your password and notifying us. MGE and its Affiliated Parties, including iPro, Inc., cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
IV. EQUIPMENT AND CONNECTIONS
You are responsible for obtaining and maintaining all equipment and mobile, cellular and data services needed for access to and use of the Services as well as paying related charges such as data usage, message fees and other charges from your wireless or internet provider. You must have an internet-enabled cell phone or device using either the iOS or Android operating system in order to access our mobile applications. Normal carrier charges and taxes may apply to any content you obtain from the Services. MGE is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services.
V. PROPRIETARY RIGHTS
You acknowledge that all materials on the Services, including the Services' games, designs, graphics, text, sounds, pictures, software, mobile applications and other files, and the selection and arrangement thereof (collectively, the “Materials”), are the property of MGE, iPro Inc., or their licensors, and are subject to and protected by the laws of Canada, the United States and/or other countries that pertain to intellectual property, including but not limited to copyright, trademarks, patents, design patents and industrial designs. The trademarks, service marks, trade names, trade dress and logos (collectively, the “Marks”) displayed or used in the provision of the Services are the sole property of MGE, iPro, Inc., or their licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of MGE, iPro, Inc., or their licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of MGE or iPro, Inc. and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of MGE and iPro, Inc.
Your access to and/or use of the Services will not provide you with any ownership interest in the Materials, the Marks or the intellectual property underlying the operation of the Services. All rights to Materials not expressly granted in these Terms are reserved to their respective copyright owners. You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means without the prior written authorization of MGE or the applicable copyright owner.
VI. ACCESS AND RESTRICTIONS
Provided you have an active Account and are in compliance with these Terms, you have the non-exclusive, non-transferable right to access and use the Services for your personal, non-commercial use. You may not use the Services or Materials for any commercial purposes without our written permission, which may be arbitrarily denied.
In addition, we may offer one or more mobile applications (each an “App”) for use in connection with the Services. Provided you are in compliance with these Terms, we grant to you a non-exclusive, non-transferable personal license to download the App onto a single mobile device and to access and use the Services solely for purposes of playing Games and using the Services in accordance with these Terms. If you download the App from a third-party mobile app store (“App Store”), you agree to abide by the terms and conditions of the App Store and agree that the App Store shall have no liability for the App or your use of the Services.
You shall not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Apps; (iii) decompile, reverse engineer or disassemble the Services or the Apps; (iv) link to, mirror or frame any portion of the Materials or other property that forms a part of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
VII. USER CONTENT AND PROHIBITED CONDUCT
You may be invited to post your own content (“User Content”) on the websites, Apps or any other locations provided as part of the Services (e.g., on message boards). You agree that you are solely responsible for all User Content that you post, whether you have publicly posted on a forum, posted as part of your profile, or privately transmitted to another Services user or to us. While the Services are designed to be a safe place to share such User Content, we cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including, but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. Under no circumstances will MGE be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Services. WE ARE NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SERVICES.
By posting any User Content to the Services, you hereby grant MGE a royalty free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content to the maximum extent permitted by law. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this Section VII and that the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Services.
You acknowledge and agree that MGE may preserve User Content and may also disclose User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; enforce these Terms; respond to claims that any User Content violates the rights of third parties; or protect the rights, property, or personal safety of MGE, its users and the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in these Terms and further agree that each of these conditions applies forever and broadly with regard to MGE worldwide. Posting of User Content to or through the Services, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. MGE shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s) you post to or through the Services. WE SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT WE MAY RECEIVE FROM YOU AT OR THROUGH THE SERVICES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Services to:
(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including, without limitation, nudity and depiction of drug use);
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a representative of MGE, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(k) “stalk” or otherwise harass another person or user;
(l) collect or store personal information or data about other Services users, or disclose another user's personal information or data to any third party;
(m) solicit personal information or data from anyone under 19 years of age; and/or
(n) “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services.
You understand that by using the Services, you may be exposed to User Content created by others that is offensive, indecent or objectionable. MGE does not endorse or have control over what is posted as User Content. User Content is not reviewed by MGE prior to posting and does not reflect the opinions or policies of MGE. MGE makes no representations or warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Services. MGE assumes no responsibility for monitoring the Services for inappropriate submissions or conduct, but reserves the right to do so. If at any time MGE chooses, in its sole discretion, to monitor the Services, MGE nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Services users submitting any such User Content.
Notwithstanding the foregoing, MGE and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including, but not limited to, User Content that violates these Terms or is otherwise objectionable, in MGE's sole discretion. You agree that you must evaluate and bear all risks associated with the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. MGE has no obligation to store User Content or make it available to you in the future.
You are solely responsible for your interactions with other Services users. MGE reserves the right, but has no obligation, to monitor disputes between you and other Services users. MGE reserves the right to terminate your Services access if MGE determines, in its sole discretion, that doing so is prudent.
You may submit reviews or other feedback using forms on the Services. Any comments, suggestions, or feedback relating to the Services (collectively “Feedback”) submitted to MGE shall become the property of MGE. MGE will not be required to treat any Feedback as confidential and will not be liable for any ideas (including, without limitation, product, application, site, Services or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Services, or operations, in the future.
Without limitation, MGE will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever Feedback or other material you submit, and you, not MGE, have full responsibility for the Feedback or other material, including its legality, reliability, appropriateness, originality and copyright.
VIII. LINKS AND THIRD-PARTY WEBSITES
Links on the Services to third-party websites and applications may be provided as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third-party websites or applications are solely between you and such third parties. You agree that MGE and its Affiliated Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use of or inability to use such websites or applications.
You use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third-party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. MGE expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appears on any third-party website or application.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of or purchases from, advertisers or third-party applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third-party application provider. You agree that MGE and its Affiliated Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-party-application providers on the Services.
IX. GAME PLAY AND VIRTUAL CHIPS
The Services offer the ability for users to play various free Games, which may be subject to additional rules and policies issued by MGE. You agree to abide by such rules and policies in any Games. You agree not to engage in any cheating, fraudulent or unsportsmanlike behavior or use any software, code or device that gives you an unfair advantage in any Game. Any violation of such rules and policies or Game rules shall be grounds for your disqualification from such Games and termination of your license to use the Services or Materials.
The Services may include an option to purchase virtual in-Game currency (“Virtual Chips”) using real-world money. A Virtual Chip is a set of rights to digital items, as licensed by MGE.
The Virtual Chips offered may vary depending on the type of game. The acquisition of Virtual Chips grants the user solely the right to use them within the scope of and in accordance with the Game and Game license; acquiring any further rights to the acquired goods or currencies (e.g. ownership) shall be excluded. Virtual Chips can never be redeemed for real money, goods, or any other item of monetary value from MGE or any other party. You understand that you have no right or title in Virtual Chips other than the extent of your limited license. Virtual Chips have no economic value and provide no economic advantage or gain to the user.
Your purchase of the limited license for Virtual Chips is final and is not refundable, exchangeable, or transferable, except in MGE's sole discretion. In the event of any violation of these Terms, MGE is entitled to revoke any one or all of the licenses granted for the use of Virtual Chips. Upon termination of the Terms for any reason whatsoever, any and all licenses granted for the use of Virtual Chips shall expire.
Any Virtual Chip still available to the user upon termination shall be forfeited and the user shall not be entitled to any compensation. You may not purchase, sell, or exchange Virtual Chips outside the Services. Doing so is a violation of these Terms and may result in termination of your Account with the Services and/or legal action.
MGE retains the right to modify, manage, control and/or eliminate your limited license with respect to Virtual Chips at its sole discretion. You are not entitled to any compensation should the Virtual Chips be withdrawn or provided upon different conditions, regardless of whether offered on a temporary or permanent basis. Moreover, we have the right to delete or change a user's Account and its associated user history and/or Virtual Chips at any time and without giving a reason. In that case the user is entitled to terminate the Account with immediate effect.
Any further claim by the user is excluded. Furthermore, if you have not used any Virtual Chips for 12 consecutive months, regardless of how you acquired them, MGE may revoke, terminate and cancel any one or all of the licenses granted you for the use of Virtual Chips and your balance for Virtual Chips will be set to zero.
X. LOYALTY COINS
You will have the opportunity to accumulate “Loyalty Coins” through your use of the Services. Loyalty Coins are virtual in-Game points. Loyalty Coins are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any Game you play during your use of the Services. You will not own the Loyalty Coins you accumulate and the amounts of any Loyalty Coins you accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by accumulating Loyalty Coins, you are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Coins.
You may exchange your accumulated Loyalty Coins for in-Game Virtual Chips in the Services. In the event MGE encounters issues with the Services that affect the accumulation of Loyalty Coins and/or their redemption for Virtual Chips, we reserve the right to correct any such errors.
XI. DISCLAIMER; LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, WE AND OUR OTHER AFFILIATED COMPANIES AND INSTRUMENTALITIES, INCLUDING iPRO, INC., AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND OTHER REPRESENTATIVES AND OUR VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “MGE AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, MGE AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. DOWNLOADING OR OTHERWISE OBTAINING ANY MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MGE AND ITS AFFILIATED PARTIES OR ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MGE AND YOU. THE PRODUCTS, THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF MGE AND ITS AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM MGE ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID MGE ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MGE IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless MGE and its Affiliated Parties, including iPro, Inc., against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Services, any activity related to your Account by you or any other person, any material that you submit to, post on or transmit through the Services (including User Content and Feedback), your breach of these Terms, your infringement or violation of any rights of another, or termination of your access to the Services.
XIII. TERMINATION OF USAGE
These Terms are effective unless and until terminated by either you or MGE. You may terminate these Terms at any time, provided that you discontinue any further use of the Services. MGE also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the Services, for any reason, including without limitation, if in MGE's sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user or MGE and its Affiliated Parties. Upon any termination of the Terms by either you or us, you must promptly uninstall any mobile applications you obtained through the Services and destroy all Materials downloaded or otherwise obtained from the Services, as well as all copies of such Materials, whether made under these Terms or otherwise. Additionally, upon termination, all achievements, Virtual Chips and Loyalty Coins that a user has acquired, and any licenses thereto, may, in MGE's sole discretion, be terminated and forfeited, except as prohibited by law. MGE reserves the right at any time and from time to time to suspend, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice, including if required by applicable law. Except as otherwise expressly stated in these Terms, you agree that MGE and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
In the event any Account is inactive for a period of 12 months, MGE reserves the right to terminate such Account and/or cancel any accumulated Virtual Chips, Loyalty Coins or other online balance associated with such Account. For further clarity, MGE considers an Account inactive when the user has not engaged in any way with any Game or the Services for a period of 12 consecutive months. The restrictions, but not the licenses to you in Section V, and Sections VII, VIII through XI and XII through XXII, shall survive any termination of these Terms of the Services.
XIV. RULES FOR SWEEPSTAKES, CONTESTS, SURVEYS, GAMES, AND SIMILAR PROMOTIONS
Our Games and the Services are not intended for use by minors. We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is potentially harmful to minors.
XVI. APPLICABLE LAW; JURISDICTION
The Services are controlled and operated by MGE from within the Province of Ontario, Canada, and are intended for use only by residents of Ontario. MGE makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any other jurisdiction, or that any items or applications offered for sale or download through links on the Services will be available outside Ontario. You agree that you will not access the Services from any territory other than Ontario and that you, and not MGE and its Affiliated Parties, are responsible for compliance with applicable local laws. Those who choose to access the Services from outside Ontario do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services, or any copy or adaptation of such content, in violation of any applicable laws or regulations, including, without limitation, Canadian export laws and regulations.
These Terms shall be governed by, and construed and enforced in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein as they are applied to agreements entered into and to be performed entirely within Ontario without regard to conflict of law principles. By using the Services you irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada with respect to any dispute arising in relation to the Services and/or these Terms.
XVII. SEVERABILITY; INTERPRETATION
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these Terms, the term “including” shall be deemed to be followed by the words “without limitation.”
XVIII. ENTIRE AGREEMENT
The failure of MGE and its Affiliated Parties to insist upon strict adherence to any term of these Terms shall not constitute a waiver of such term or limit that party's right thereafter to insist upon strict adherence to that term or any other term of these Terms.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
The “Disclaimer; Limitation of Liability” provisions of these Terms are for the benefit of MGE and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
XX. COPYRIGHT POLICY
We respect the intellectual property rights of others and require that users of the Services do the same. We will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (“Designated Agent”). Our Designated Agent is: Mohegan Tribal Gaming Authority d/b/a Mohegan Gaming & Entertainment, One MGE Boulevard, Uncasville, CT 06382, Attn: CEO with a copy to General Counsel.
To be sure the matter is handled immediately, your written notice must:
Contain your physical or electronic signature;
Identify the copyrighted work or other intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
Contain a statement that the information in the written notice is accurate; and
Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Designated Agent will be unable to address the listed concern.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received take-down notice. In response, you may provide our Designated Agent with a written counter-notification that includes the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated infringement notifications.
XXI. CONTACT INFORMATION
If you have any comments, questions or complaints regarding the Services or these Terms, or wish to report any violation of these Terms, please contact us at 1-888-325-5788 or firstname.lastname@example.org. We will endeavor to address any issue as soon as reasonably possible.
[i] Apple® is a registered trademark of Apple Inc. Apple Inc. is not a participant in, sponsor of, or otherwise affiliated with, the sweepstakes.
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