Effective: June 6, 2019
The free Social Casino Games (“Games”) made available via the Mohegan Sun Social Casino are intended for use only by those twenty-one (21) or older (and have the legal capacity to enter contracts), by those not a resident of or located in the State of Washington and only for amusement purposes. 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.
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 Privacy.
We may, in our sole discretion, modify these Privacy 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 twenty-one (21) years old, be a resident of the United States, excluding the State of Washington, 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 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 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 information on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Services, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or Mohegan Sun has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Mohegan Sun has the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you. You are limited to one account with the Mohegan Sun Social Casino, and you may not use false or fictitious names or use multiple email addresses to create multiple accounts. In addition, you may not merge your accounts for any purposes, including to gain an unfair advantage in Game play.
You are responsible for maintaining the confidentiality of the password and account you may create and are fully responsible for all activities that occur under your password and account. Mohegan Sun reserves the right to refuse registration of, or cancel, a username in its sole discretion. You agree to (a) immediately notify Mohegan Sun 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 Mohegan Sun. Mohegan Sun and its Affiliated Parties, including iPro, Inc., (as defined in Section XI below) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
III. PRIVACY/DEVICE AND GEOLOCATION DATA
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 Mohegan Sun’s mobile applications. Normal carrier charges and taxes may apply to any content you obtain from the Services. Mohegan Sun 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, “Materials”), are the property of Mohegan Sun, iPro Inc., or their licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services are the sole property of Mohegan Sun and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Mohegan Sun and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Mohegan Sun and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Mohegan Sun.
You will not obtain any ownership interest in the Materials or the Services through these Terms or otherwise. All rights to Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means without the prior written authorization of Mohegan Sun or the respective 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-transfer right to access and use the Services and Materials for your personal, non-commercial use. You may not use the Services or Materials for any commercial purposes without our written permission.
In addition, Mohegan Sun 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 may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Apps except as expressly permitted by Mohegan Sun; (iii) decompile, reverse engineer or disassemble the Services or the Apps except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
VII. USER CONTENT AND PROHIBITED CONDUCT
Where applicable at the Services or the Apps (e.g., on message boards), you are invited to post your own content (“User Content”). You understand that all User Content, whether you have publicly posted on a forum, posted as part of your profile, or privately transmitted to another Services user or to us, is your sole responsibility. While the Services are designed to be a safe place to share such User Content, Mohegan Sun 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 Mohegan Sun 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 Mohegan Sun 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 Mohegan Sun 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 Mohegan Sun, 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 Mohegan Sun 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. Mohegan Sun 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 Mohegan Sun, 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 18 years of age; and/or
(n) “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services.
You understand that by using the Services, you may be exposed to User Content created by others that is offensive, indecent or objectionable. Mohegan Sun does not endorse or have control over what is posted as User Content. User Content is not reviewed by Mohegan Sun prior to posting and does not reflect the opinions or policies of Mohegan Sun. Mohegan Sun 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. Mohegan Sun assumes no responsibility for monitoring the Services for inappropriate submissions or conduct, but reserves the right to do so. If at any time Mohegan Sun chooses, in its sole discretion, to monitor the Services, Mohegan Sun 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, Mohegan Sun 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 Mohegan Sun’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. Mohegan Sun may store User Content indefinitely. However, Mohegan Sun 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. Mohegan Sun reserves the right, but has no obligation, to monitor disputes between you and other Services users. Mohegan Sun reserves the right to terminate your Services access if Mohegan Sun 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 Mohegan Sun shall become the property of Mohegan Sun. Mohegan Sun 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, Mohegan Sun 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 Mohegan Sun, 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 Mohegan Sun and its Affiliated Parties (as defined in Section XI below) will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use of or inability to use such websites or applications.
You use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third-party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Mohegan Sun 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 Mohegan Sun and its Affiliated Parties (including iPro, Inc., and as defined in Section XI below) shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-party-application providers on the Services.
Mohegan Sun is not responsible for any product or service (including third-party applications) sold on or through the Services or any claims of quality or performance made on or through the Services.
IX. GAME PLAY AND VIRTUAL ITEMS
The Services offer the ability of users to play various free Games, which may be subject to additional rules and policies issued by Mohegan Sun. 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 opportunity to purchase certain virtual items such as in-Game currency, virtual goods and other virtual items (“Virtual Items”) using real-world money. A Virtual Item is a set of rights to digital items, as licensed by Mohegan Sun. The Virtual Items offered may vary depending on the type of game. The acquisition of Virtual Items 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 Items can never be redeemed for real money, goods, or any other item of monetary value from Mohegan Sun or any other party. You understand that you have no right or title in Virtual Items other than the extent of your limited license. Virtual Items have no economic value and provide no economic advantage or gain to the user.
Your purchase of the limited license for Virtual Items is final and is not refundable, exchangeable, or transferable, except in Mohegan Sun’s sole discretion. In the event of any violation of these Terms, Mohegan Sun is entitled to revoke any one or all of the licenses granted for the use of Virtual Items. Upon termination of the Terms or any reason whatsoever, any and all licenses granted for the use of Virtual Items shall expire. Any Virtual Item 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 Items 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.
Mohegan Sun retains the right to modify, manage, control and/or eliminate your limited license with respect to Virtual Items at its sole discretion. You are not entitled to any compensation should the Virtual Items be withdrawn or provided upon different conditions, regardless of whether said goods and currencies are offered on a temporary or permanent basis . Moreover, we have the right to delete or change a player account and its associated player history and/or Virtual Items 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.
X. LOYALTY POINTS AND REWARDS
You will have the opportunity to accumulate “Loyalty Points” through your use of the Services. Loyalty Points are virtual in-game points. Loyalty Points 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. As with all Virtual Items, you do not in fact own the Loyalty Points you accumulate and the amounts of any Loyalty Points you accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Loyalty Points, you are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points.
You may exchange your accumulated Loyalty Points for in-game Virtual Items in the Services. Loyalty Points you accumulate through your use of the Services may also be exchanged for items, services or experiences (each a “Reward”) offered by Mohegan Sun or our Rewards partners or affiliates (“Rewards Partners”) through their programs. Mohegan Sun or our Rewards Partners may, at our respective discretion, place restrictions on the usage of rewards offers connected with the Services, e.g., a minimum age requirement, reward usage black-out dates, a limit as to the number and frequency of rewards that may be used within a specified period of time, and the requirement to participate in a separate Mohegan Sun, partner or affiliate’s own loyalty programs, which may exist independently of the Services. Redemption of Rewards are subject to the terms and provisions of Mohegan Sun or the Rewards Partner, including limitations on participation or redeeming Rewards if you self-limit or self-exclude with Mohegan Sun or the Rewards Partner or any regulatory agency, including any gaming regulatory agencies. Apple® is a registered trademark of Apple Inc. Apple Inc. is not a participant in, sponsor of, or otherwise affiliated with, the Sweepstakes.
Because the redemption period, redemption method, and other terms of Rewards usage may vary, you must review the specific terms and conditions of each Reward you redeem with your Loyalty Points. We are not responsible for Rewards Partners’ terms and conditions and bear no responsibility to you for any such unread, misread or misunderstood terms of the Mohegan Sun Reward or Rewards Partner. The selection and availability of Rewards is subject to change without notice and we make no guarantees as to the availability of any Reward. For complete details and the terms, conditions and restrictions for any individual reward, please refer to the rewards detail found within the Rewards catalog within the Services.
In the event Mohegan Sun encounters issues with the game that impact the accumulation of Loyalty Points and/or the redemption of Rewards, we reserve the right to correct any such errors.
XI. RIGHT TO FORGET
You have the right to have your data kept or maintained by the Service deleted permanently from the Service system and data bases. To do this, please send an email to firstname.lastname@example.org and let us know that you want to erase your personal data collected by the Services deleted from your account. Please note that once your data is deleted you will not be able to retrieve it, and all account information will deleted permanently. This also means you will not be able to merger your deleted account information to a different account in the future.
XII. DISCLAIMER; LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, 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, “MOHEGAN SUN AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, MOHEGAN SUN AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOHEGAN SUN AND ITS AFFILIATED PARTIES OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
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 MOHEGAN SUN 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 MOHEGAN SUN 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 MOHEGAN SUN ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID MOHEGAN SUN 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 MOHEGAN SUN 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 Mohegan Sun 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.
XIV. TERMINATION OF USAGE
These Terms are effective unless and until terminated by either you or Mohegan Sun. You may terminate these Terms at any time, provided that you discontinue any further use of the Services. Mohegan Sun 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 Mohegan Sun’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 Mohegan Sun 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 Items and Loyalty Points that a user has acquired, and any licenses thereto, may, in Mohegan Sun’s sole discretion, be terminated and forfeited, except as prohibited by law.
Mohegan Sun 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 Mohegan Sun 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 six (6) months, Mohegan Sun reserves the right to terminate such account and/or cancel any accumulated Virtual Items, points or other online balance associated with such account.
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.
XV. RULES FOR SWEEPSTAKES, CONTESTS, SURVEYS, GAMES, AND SIMILAR PROMOTIONS
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafeonline.org.
XVII. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION
U.S. Site. The Services are controlled and operated by Mohegan Sun from within the United States of America, and are intended for use only by residents of the United States. Mohegan Sun makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not Mohegan Sun and its Affiliated Parties, are responsible for compliance with applicable local laws. Those who choose to access the Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services, or any copy or adaptation of such content, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
The Services are controlled and operated by Mohegan Sun from within the United States of America, and are intended for use only by residents of the United States. Mohegan Sun makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not Mohegan Sun and its Affiliated Parties, are responsible for compliance with applicable local laws. Those who choose to access the Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services, or any copy or adaptation of such content, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
(b) Governing Law. These Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of Connecticut, as they are applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
These Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of Connecticut, as they are applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
(c) Initial Dispute Resolution. We are available by email at email@example.com to discuss any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
We are available by email at firstname.lastname@example.org to discuss any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
XVIII. 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.”
XIX. ENTIRE AGREEMENT
The failure of Mohegan Sun and its Affiliated Parties, including iPro, Inc., 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 Mohegan Sun 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.
XXI. COPYRIGHT POLICY
We respect the intellectual property rights of others and require that Services users do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Mohegan Tribal Gaming Authority d/b/a Mohegan Gaming & Entertainment, One Mohegan Sun 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 Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
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 DMCA take-down notice. In response, you may provide our 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 DMCA or other infringement notifications.
XXII. CONTACT INFORMATION
If you have any comments, questions or complaints regarding these Terms or the Services, or wish to report any violation of these Terms, please contact us at email@example.com. We will endeavor to address any issue as soon as reasonably possible.
How can you request your data to be deleted (Right To Forget)?
You should contact the support desk (firstname.lastname@example.org ) and let them know that you want to erase your personal data collected and delete your account. Please note once your data is deleted you will not be able to retrieve your account back or merge to a different account in the future.
XXIII. EXCLUDED PATRONS
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 of any jurisdiction applicable to you, which includes any statutory or regulatory exclusion lists or directories where individuals named therein are legally prohibited from playing casino games.
If you or someone you know has a gambling problem, crisis counseling and referral services can be accessed by calling the National Problem Gambling Helpline at 1-800-522-4700