Bally's Golf Links at Ferry Point 500 Hutchinson River Parkway Bronx, New York 10465 United States Phone: 718.414.1555
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS TO THE EXTENT PERMITTED BY LAW UNLESS OPTED-OUT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND THE PRIVACY POLICY, DO NOT USE THE PLATFORM.
1. ACCEPTANCE OF TERMS OF USE
1.1. These terms of use are entered into by and between the website visitor or user (“You”) and Bally’s Corporation, its subsidiaries, and its corporate affiliates, including Bally’s Golf links at Ferry Point ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), as well as the Privacy Policy, incorporated herein, govern Your access to and use of https://casinos.ballys.com/golf-links-ferry-point/, and any related mobile application, including any content, functionality, and services offered on or through the website at https://www.casinos.ballys.com/ or any other domain or website that specifically links to or incorporates these Terms of Use (https://www.casinos.ballys.com/ and any other domain, website, or mobile application that links to or incorporates these Terms of Use, collectively, the “Platform”).
1.2. Please read the Terms of Use carefully before You start to use the Platform. By using the Platform, You irrevocably accept and agree to be bound and abide by these Terms of Use. If You do not want to agree to these Terms of Use, You must not access or use the Platform. Some areas of the Platform may be subject to additional terms and conditions, which You should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of the Platform, unless otherwise expressly stated.
1.3. This is a general audience Platform for adults and is offered and available to individuals who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Platform, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If You do not meet all these requirements, You must not access or use the Platform.
1.4. To access the Platform or some of the resources it has to offer, You may be asked to provide registrations details. It is a condition of use of these online services that all the details You provide be correct, current, and complete. If the Company believes the details are not correct, current, or complete, we have the right to refuse You access to the online services or any of the Platform’s resources, and to terminate or suspend Your account.
2. CHANGES TO THE TERMS OF USE
2.1. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter.
2.2. EACH TIME YOU VISIT THE PLATFORM OR OTHERWISE USE THE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE TEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE PLATFORM OR ONLINE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE PLATFORM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS.
2.3. You should review the posted Terms of Use and any applicable Additional Terms each time You visit the Platform and use the online services (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to You. However, the Terms of Use (and any applicable Additional Terms) that applied when You previously used the Platform or online services will continue to apply to such prior use (i.e., changes and additions are prospective only) except as mutually agreed. In the event any notice to You of new, revised or Additional Terms is determined by a tribunal of competent jurisdiction to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the e-mail You associated with Your account for notices, all of which You agree are reasonable means of providing You notice. You can reject any new, revised, or additional Terms of Use by discontinuing use of the Platform, the mobile application, and related online services.
3. PERMITTED USES
3.1. Your use of the Platform and online services shall be limited solely to Your personal and non-commercial use. The Platform and online services contain material that is derived in whole or in part from material supplied and owned by Company as well as third parties ("Content"). As between Company and You, Company owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the online services and Content. You acknowledge Company’s valid intellectual and proprietary property rights in the online services and Content and that Your use of the Platform and online services is limited to the access, viewing and downloading of Content, all solely as authorized by Company. Nothing in these Terms of Use shall be deemed to convey to You any right, title or interest in or to the Platform or online services or Content or to any portion thereof except for the limited rights expressly granted herein.
3.2. You may use the Platform and online services solely for personal and non-commercial uses. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a "Device") or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the online services or Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the online services or Content, or (iii) any advertisement on the online services and/or within Content. You may not either directly or through the use of any device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the online services or Content unless expressly permitted by Company in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the online services or any Content available via frames or in-line links, and You may not otherwise surround or obfuscate the Content or online services with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the Platform or online services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Platform, the online services or its servers and infrastructures. You may not build a business, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Platform, the online services or Content, whether or not for profit.
3.3. To the extent that Company makes Content available to You via a widget, embedded player or other technology that allows You to embed or stream Content on or to another site, You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content.
3.4. You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
4. ACCESS TO THE PLATFORM AND AVAILABILITY OF SERVICES
4.1. The Platform and online services are intended for use by users who are over the age of 18 and reside in the United States, its territories, and possessions ("U.S.") or those outside of the U.S. that consent to use the online services in accordance with U.S. laws, these Terms of Use and our Privacy Policy. By using or attempting to use the Platform or online services, You certify that You meet any other eligibility and residency requirements of the Platform.
4.2. Company may change, suspend or discontinue any aspect of the Platform or online services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to Section 26 (Termination) below.
4.3. You are responsible for any charges incurred in obtaining access to the Platform and online services. The Platform and online services are currently provided for free, although You may be given the opportunity to purchase products or services through the Platform from Company. Company reserves the right to change the nature of this relationship at any time.
4.4. You are responsible for both: (i) making all arrangements necessary for You to have access to the Platform; and (ii) ensuring that all persons who access the Platform through Your computer, device, internet connection, or other means are aware of these Terms of Use and comply with them.
4.5. You and Company agree that the Convention on Contracts for the International Sale of Goods does not apply to Your use of our online services or this Terms of Use.
5. REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT, ACCOUNT SECURITY
5.1. To access certain features of this Platform, or to conduct a transaction through one of our transactional channels, You may be required to register for an account ("Account"). If You register for an Account, You agree to: (a) provide true, accurate and complete information about Yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete as permitted through the functionality of the Platform. You acknowledge and agree that Company will have no liability associated with or arising from Your failure to maintain accurate information about Yourself, including, without limitation, Your failure to receive important information and updates about the Platform. If Company has reasonable grounds to suspect that the information You provided on the registration form or otherwise is untrue, inaccurate or incomplete, Company may suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof).
5.2. As part of the registration and account creation process necessary to obtain access to portions of the Platform that may require a fee or payment, You will have to create a user account with a password. You will provide Company with certain registration information, all of which must be accurate and updated. You shall not (i) select a username already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username or password that Company, in its sole discretion, deems offensive or inappropriate.
5.3. Any usernames and passwords used for this Platform or services are for individual use only. You are responsible for all use of Your Account under any username or password by any person or entity and for ensuring that Your Account complies fully with the provisions of the Terms. You are solely responsible for maintaining the security and confidentiality of the password You use to access Your Account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your Account, in Company's sole discretion, and Company may refer You to appropriate law enforcement agencies.
5.4. You agree to immediately notify Company of any unauthorized use of Your password or Account or any other breach of security. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the online services and Platform. Company has the right to provide user billing, account, content or use records and related information under certain circumstances (such as response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide Your personally identifiable information will be able to access Your Account so You should take reasonable steps to protect this information. You are responsible for all charges incurred up to the time the Account is terminated.
5.5. You understand and agree that the Platform and/or online services may include a social network and Your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off the online services. If You don't want Your activities on such social network to be shared, Your only option is to deactivate the related social network account.
6. TRANSACTIONS
6.1. Our Platform may provide opportunities for You to make purchases (each, a "Transactions"). Each transaction is governed by these Terms of Use and the specific terms of the particular transaction which will be communicated to You during the check-out process. You agree that all transactions made by You on the Platform cannot be exchanged and are non-refundable. All purchases are subject to the applicable service fees and charges, which are also non-refundable. If You are purchasing a tee time through the Platform, please see the applicable golf course "Tee Time Policy", available at https://casinos.ballys.com/golf-links-ferry-point/golf-rates.htm. Such tee times purchases shall also be governed by the applicable policies of the golf courses at which You reserve such tee times. Please make special note of the course's no-show or cancellation policy, as You will be responsible for any applicable golf course charges in the event of a no-show. You will be responsible for paying all applicable taxes in connection with Your purchase of any tee times.
7. YOU AGREE TO OUR PRIVACY POLICY
7.1. Your privacy is important to Us. To better protect Your privacy, We provide a notice explaining our online information practices and the choices You can make about the way Your information is collected and used on the Platform and the online services.
7.2. Any personal details and data acquired by Company from Your participation on the Platform and online services will be used in accordance with our Privacy Policy.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2. These Terms of Use permit You to use the Platform for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
8.2.1. Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
8.2.2. You may store files that are automatically cached by Your Web browser for display enhancement purposes.
8.2.3. You may print or download one copy of a reasonable number of pages of the Platform for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
8.2.4. If we provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
8.2.5. If we provide social media features with certain content, You may take such actions as are enabled by such features.
8.3. You must not:
8.3.1. Modify copies of any materials from the Platform.
8.3.2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
8.3.3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.
8.4. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
8.5. If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, Your right to use the Platform will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
9. TRADEMARKS
9.1. The Company name, the terms Bally’s, Bally’s Interactive, Bally’s Links at Ferry Point, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
10. YOUR CONDUCT AND ACCEPTABLE USE
10.1. You may only use the Platform for lawful purposes and in accordance with these Terms of Use. The following rules are a condition of our use of and access to the Platform and the online services. You are responsible for the content of Your communications via the online services.
10.2. You agree not to use the Platform:
10.2.1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
10.2.2. For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
10.2.3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
10.2.4. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
10.2.5. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
10.2.6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.
10.3. Additionally, You agree not to:
10.3.1. Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
10.3.2. Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including scraping, monitoring, or copying any of the material on the Platform.
10.3.3. Use any manual process to scrape, monitor, or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
10.3.4. Use any device, software, or routine that interferes with the proper working of the Platform.
10.3.5. Introduce any viruses, Trojan horses, worms, logic bombs, malware, or other material that is malicious or technologically harmful.
10.3.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the systems on which the Platform is stored, or any server, computer, or database, or interface connected to the Platform.
10.3.7. Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
10.3.8. Otherwise attempt to interfere with the proper working of the Platform.
11. USER CONTENT AND CONTRIBUTIONS
11.1. The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "Post") content or materials (collectively, "User Contributions") on or through the Platform.
11.2. All User Contributions must comply with the Content Standards (defined below and set out in these Terms of Use).
11.3. Any User Contribution You post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to Your account settings.
11.4. Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of Your new public content or publish their own comments to Your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.
11.5. You represent and warrant that:
11.5.1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
11.5.2. All of Your User Contributions do and will comply with these Terms of Use.
11.6. You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
11.7. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Platform.
12. CONTENT STANDARDS
12.1. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
12.1.1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
12.1.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, and other demographics.
12.1.3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
12.1.4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
12.1.5. Be likely to deceive any person.
12.1.6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
12.1.7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
12.1.8. Impersonate any person or misrepresent Your identity or affiliation with any person or organization.
12.1.9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
12.1.10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
13. MONITORING AND ENFORCEMENT
13.1. Company may, but has no obligation to, monitor the use by You and other end users of the Platform and online services. During monitoring, any information relating to any user or their respective activities on the Platform and online services may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Furthermore, Company reserves the right at all times to disclose any information posted on any portion of the online services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Company’s sole and absolute discretion are objectionable or in violation of these Terms of Use.
13.2. We have the right to:
13.2.1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
13.2.2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company.
13.2.3. Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
13.2.4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
13.2.5. Terminate or suspend Your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.
13.2.6. Use automated means, including those provided by third parties, to monitor, flag for inappropriateness, and remove User Contributions.
13.3. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
13.4. We do not undertake to review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
14. MERCHANTS
14.1. Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Platform or the online services, including payment 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 merchant. Company will 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 merchants on the Platform or online services.
15. CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTIFICATION
15.1. Company is not designed or intended for use by children under the age of 18.
15.2. Pursuant to 47 U.S.C. Section 230(d) as amended, Company hereby notifies You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.
16. COPYRIGHT INFRINGEMENT
16.1. The Company owns, protects, and enforces copyright and other intellectual property rights, and respects the intellectual property rights of others and requires each user or visitor of the Platform to do the same. It is our policy not to permit materials known by us to be infringing to remain on the Platform. The Company may in its sole discretion immediately remove or disable any content or block or inactivate the account of any user that is found to have infringed on the rights of the Company or of a third-party, or that has otherwise violated any intellectual property laws or regulations, or any of the Terms of Use. The Company will, in appropriate circumstances, inactivate the accounts of repeat infringers at any time. If You believe any material available on the Platform infringe upon a copyright, or otherwise violates Your intellectual property rights, then please notify us promptly. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Bally’s will respond promptly to remove the material claimed to be infringing and will follow the procedures specified int eh DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent and marked “Copyright Infringement” via email to ip@ballysinteractive.com, or via Certified Mail to the Company’s designated agent for notices of claims of copyright or other intellectual property infringement, which is:
Bally’s Corporation
Attn: Legal Department - Copyright
100 Westminster Street
Providence, RI, 02903.
16.2. The notice of infringement must include the following information:
16.2.1. Your name, address, telephone number, and e-mail address;
16.2.2. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
16.2.3. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the online services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
16.2.4. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
16.2.5. 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 or other proprietary right owner, its agent, or the law; and
16.2.6. A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
17. RELIANCE ON INFORMATION POSTED
17.1. The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
17.2. This Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third party.
18. COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY WEBSITES AND CONTENT
18.1. For Your convenience, the Platform and online services may provide links to websites of other persons or entities ("Third-Party Websites"). HOWEVER, THE THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY COMPANY. ACCORDINGLY, COMPANY MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEBSITES HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE PLATFORM OR OTHER SERVICE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY ENDORSEMENT BY COMPANY. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
19. LINKS BY YOU TO THE PLATFORM AND SOCIAL MEDIA FEATURES
19.1. We grant You a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Platform and online services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on Your website do not suggest any affiliation with or endorsement by Company or cause any other confusion regarding Your relationship to Company or its affiliates or to the Platform or online services, (c) the link must open in a new browser window and link to the full version of the Platform or the applicable online services web page; and (d) the links and the content on Your website do not portray Company or its affiliates or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Company. Company reserves the right to suspend or prohibit linking to the Platform or online services for any reason, in its sole discretion, without advance notice or any liability of any kind to You or any third party.
20. GEOGRAPHIC RESTRICTIONS, LOCAL REGULATIONS, AND EXPORT CONTROL
20.1. The owner of the Platform is based in the State of Rhode Island in the United States. We provide this Platform for use only by persons located in the United States. We make no claims or representation that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If You access the Platform from outside the United States, You do so on Your own initiative and are responsible for compliance with applicable United States and local laws.
20.2. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which You reside.
20.3. Software from the Platform and online services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Platform and online service, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
21. DISCLAIMER OF WARRANTIES
21.1. While Company uses reasonable efforts to include up to date information on the Platform and online services, You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses, other destructive code, or vulnerabilities that allow for unauthorized access. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for security, including anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL OR ACTIONS THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
21.2. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
21.3. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
21.4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. LIMITATION OF LIABILITY
22.1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
22.2. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO COMPANY IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
22.3. THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
22.4. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. INDEMNIFICATION
24. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Platform, including, but not limited to: (i) Your User Contributions; (ii) any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use, or Your use of any information obtained from the Platform.
25. RESERVATION OF RIGHTS
25.1. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Platform and/or any software, facilities and services on this Platform, with or without notice, and/or to establish general guidelines and limitations on their use.
26. TERMINATION
26.1. Company may, in its sole discretion, terminate Your password, account (or any part thereof) or use of the Platform and/or the online services, or remove and discard any User Content or information stored, sent, or received via the Platform or online services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use Your identification to access the Platform or online services, (ii) any unauthorized access or use of the Platform or online services, (iii) any violation of these Terms of Use, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Platform or online services. You may terminate Your account for any reason or no reason. Termination, suspension, or cancellation of these Terms of Use or Your access rights to the Platform and online services shall not affect any right or relief to which Company may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to You will automatically terminate and immediately revert to Company and its licensors and all rights granted by You to Company shall survive in perpetuity.
27. GOVERNING LAW AND JURISDICTION
27.1. All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Rhode Island without giving effect to any choice or conflict of law provision or rule (whether of the State of Rhode Island or any other jurisdiction). You agree to submit to the personal jurisdiction of the federal and state courts located in Providence County, Rhode Island for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision below, including any provisional relief required to prevent irreparable harm (although we retain the right to bring any suit, action, or proceeding against You for breach of these Terms of Use in Your state of residence or any other relevant state).
27.2. You agree that the federal or state courts located in Providence County, Rhode Island are the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
28. ARBITRATION AND WAIVER OF JURY TRIAL AND CLASS PARTICIPATION
28.1. You must submit any disputes arising from these Terms of Use or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association (“AAA”) applying Rhode Island law. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate otherwise includes, but is not limited to: claims based in contract, tort, warranty, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Terms of Use; claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; claims relating to our Platform; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to Your data privacy or information security; and claims that may arise after the modification or termination of the Terms of Use.
You agree that, by use of the Platform, You and the Company are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of the Terms of Use or Your relationship with the Company for any reason.
28.2. If You intend to seek arbitration You must first send us, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be addressed to: General Counsel – Arbitration Demand, Bally’s Corporation, Attn: Legal Department, 100 Westminster Street, Providence, RI, 02903 (“Notice Address”) and must be signed by You personally. Notice to You from the Company may be to You directly, or if You are represented, to Your legal counsel. The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought (“Demand”). If the Company and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or the Company may commence an arbitration proceeding pursuant to the terms of this arbitration agreement.
28.3. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the Terms of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and You should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Terms of Use’s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of the Terms of Use’s including, but not limited to any claim that all or any part of this arbitration provision or agreement is void or voidable. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether the Terms of Use permit class or representative proceedings. For the avoidance of doubt, the court and arbitrator shall be bound by the terms of the Terms of Use, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.
Unless the Company and You agree otherwise, any arbitration will be governed by the substantive laws of Your state, and hearings will take place in the county (or parish) of Your billing or registered address subject to certain exceptions herein. Case management and other hearings shall be heard via telephone unless otherwise agreed to. Except as otherwise provided for herein, the Company will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse the Company for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules.
During the arbitration, the amount of any settlement offer made by the Company or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or the Company are entitled. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court, including for example, under California Code of Civil Procedure Section 998 for arbitrations taking place in California. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary).
28.4. Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
28.5. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION). Further, unless both You and the Company agree otherwise, the arbitrator or arbitration administrator may not consolidate or aggregate more than one person's claims (except as set forth in subsection 30.6 below) and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subparagraph 30.5 is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph 30.5 is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph 30.5 enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law. Nothing in this subsection 30.5 or subsection 30.5 below shall prevent You or the Company from participating in a class wide settlement of claims.
28.6. YOU AND THE COMPANY AGREE THAT ADMINISTRATION OF ANY MASS, COLLECTIVE OR BATCH ARBITRATION SHALL BE GOVERNED BY THE TERMS SET FORTH IN THIS SUBSECTION 30.6. You and the Company agree that a “mass, collective, and/or batch arbitration” includes, but is not limited to, instances in which You and others are represented by a law firm or collection of law firms or legal counsel that has filed more than 150 arbitration demands of a substantially similar nature against the Company, alleging similar or identical claims or causes of action, within 180 days of the arbitration demand filed on Your or others behalf, and the law firm or collective of legal counsel/law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands together. If more than 150 arbitration demands of a substantially similar nature, alleging the similar or identical claims or causes of action, are filed against the Company by the same law firm or collection of legal counsel/law firms within 180 days of one another, each arbitration demand must be filed, administered, arbitrated, and resolved pursuant to this subsection 30.6.
Specifically, in order to increase the efficiency of resolution for any mass, collective, and/or batch arbitration, in the event 150 or more similar arbitration demands against the Company are filed within a 180 day period pursuant to the above, the arbitration provider shall (i) group the arbitration demands into batches of no more than 150 demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. You and the Company agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for mass, collective, and/or batch arbitrations with regard to resolution, fees and administration. If subsections 30.6 is not enforced, or the arbitration provider refuses to follow these specific mass, collective, and/or batch arbitration protocols, then each arbitration demand must be filed, administered, arbitrated, and resolved individually, or the parties agree to seek out a different, mutually agreeable and widely recognized arbitration organization agreeable to follow subsection 30.6. If any other portion of this subparagraph 30.6 is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph 30.6 and this agreement shall be enforced to the maximum extent permitted by law. Mass, collective, and/or batch arbitrations shall otherwise be subject to all other substantive and procedural terms contained within this agreement.
28.7. Notwithstanding any provision in the Terms of Use to the contrary, both You and the Company agree that if the Company makes any change to this arbitration provision (other than a change to the Notice Address) after Your enrollment in a service or program or Your use of the Platform, You may reject any such change and require the Company to adhere to the language in this arbitration provision as written at the time of Your enrollment or purchase if a dispute between us arises, by providing Notice to the Company at the Notice Address in subsection (b) above within 30 days of such change.
29. LIMITATION ON TIME TO FILE CLAIMS
29.1. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
30. MEMBER DISPUTES
30.1. You are solely responsible for any interaction with other members or visitors to the Platform and online services, and Company reserves the right, but shall have no obligation, to monitor disputes between You and any other member of Company.
31. NOTICE FOR CALIFORNIA USERS
31.1. Under California Civil Code Section 1789.3, California users of the Platform and/or online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210 Updated on Feb 28, 2011
32. GENERAL PROVISIONS
32.1. PARAGRAPH AND SECTION TITLES ARE FOR YOUR CONVENIENCE
32.1.1. The paragraph or section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
32.2. WAIVER AND SEVERABILITY
32.2.1. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
32.2.2. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
32.3. ENTIRE AGREEMENT
32.3.1. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between You and Company regarding the Platform and online services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform and/or online services.
32.4. ASSIGNMENT
32.4.1. These Terms of Use are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign Your rights or obligations hereunder without Company’s prior written consent.
32.5. CONNECTIVITY
32.5.1. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for Your access to and use of the Platform and/or online services and You will be responsible for all charges related to them.
32.6. TERMS APPLICABLE FOR APPLE IOS
32.6.1. If You are accessing or using the Platform or online services through an Apple device, the following additional terms and conditions are applicable to You and are incorporated into the Terms of Use by this reference:
32.6.1.1. To the extent that You are accessing the Platform and online services through an Apple device, You acknowledge that these Terms of Use are entered into between You and Company and, that Apple, Inc. ("Apple") is not a party to these Terms of Use other than as third-party beneficiary as contemplated below.
32.6.1.2. The license granted to You in these Terms of Use is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Platform and/or online services.
32.6.1.3. You acknowledge that Company, and not Apple, is responsible for providing the Platform, online services and Content thereof.
32.6.1.4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to You with respect to the online services.
32.6.1.5. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the online services.
32.6.1.6. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Use, You acknowledge that, solely as between Apple and Company, Company and not Apple is responsible for addressing any claims You may have relating to the Platform, online services, or Your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
32.6.1.7. Further, You agree that if the Platform and/or online services, or Your possession and use of the Platform and/or online services, infringes on a third party's intellectual property rights, You will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
32.6.1.8. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon Your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against You as a third-party beneficiary thereof.
32.6.1.9. When using the Platform and/or online services, You agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Platform and/or online services.
32.7. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
32.7.1. We do our best to describe every product or service offered on this Platform and online service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the online services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Company shall have the right to refuse or cancel any orders in its sole discretion. If we charged Your credit card or other account prior to cancellation, we will issue a credit to Your account in the amount of the charge. Additional Terms may apply. If a product You purchased from Company is not as described, Your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
32.8. YOUR COMMENTS AND CONCERNS
32.8.1. The Platform is operated by Bally’s Corporation, Attn: Legal Department, 100 Westminster Street, Providence, RI, 02903.
32.8.2. All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: ContactUs@ballys.com.
