Terms of Service
As of January 16, 2024
PLEASE READ THESE TERMS OF SERVICE AND THE PRIVACY POLICY BEFORE USING THE STARDUST SOCIAL CASINO ON ANY WEBSITE OR APPLICATION. PLEASE NOTE THAT SECTION 14 TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION” IN THESE TERMS OF SERVICE CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THIS AFFECTS YOUR RIGHTS IN RESOLVING DISPUTES WITH BOYD GAMING CORPORATION (“BGC”), INCLUDING ITS SUBSIDIARIES AND AFFILIATES, OR ANY OTHER PARTY IN RELATION TO YOUR USE OF THE STARDUST SOCIAL CASINO. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF SECTION 14 TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION.”
These Terms of Service (“Terms”) are a legally binding agreement that governs your use of Stardustsocialcasino.com, the Stardust Social mobile application, any other sites on which these Terms are posted, and/or the related games, services, or applications including as accessed through third-party web sites (collectively, the “Service”). By using or accessing the Service, you agree to be bound by these Terms and all terms incorporated by reference. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE THE SERVICE.
You must be 21 or older to access or use the Service. By using the Service, you represent and warrant that you are at least 21 years of age.
The Service is intended for amusement purposes only.
These Terms are entered into between you and BGC (also referred to as “we”). The term “BGC” means “Boyd Gaming Corporation” along with its Affiliates. For purposes of these Terms, “Affiliates” means, with respect to any party, any person or entity that controls, is controlled by, or is under common control with, such party.
BGC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE OR KIND TO YOU, INCLUDING WITH RESPECT TO THE CONTENT OR ACCURACY OF THE SERVICE.
QUICK LINKS
- ACCESS TO BGC SERVICE
- OWNERSHIP OF INTELLECTUAL PROPERTY
- VIRTUAL ITEMS
- USER CONTENT
- POSTING ON OTHER WEBSITES
- USAGE RULES
- REWARDS POINTS
- PRIVACY AND PROTECTION OF PERSONAL INFORMATION
- ACCOUNT RESPONSIBILITY
- DISPUTES WITH OTHERS
- DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY
- INDEMNIFICATION
- GOVERNING LAW/WAIVER OF INJUNCTIVE RELIEF
- DISPUTE RESOLUTION BY BINDING ARBITRATION
- WAIVER/SEVERABILITY
- MISCELLANEOUS
- STATUTE OF LIMITATIONS
- CALIFORNIA CONSUMER NOTICE
- DIGITAL MILLENNIUM COPYRIGHT ACT
1. ACCESS TO BGC SERVICE
a) The Service is licensed, not sold. Your license confers no title or ownership in the Service.
b) Subject to your acceptance and continuing compliance with these Terms, BGC grants to you a non-exclusive, non-transferable, personal, revocable limited license to use and display the Service and related software (excluding source or object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service, including any computer code that operates the Service, except as specifically allowed in these Terms.
c) BGC reserves the right to change these Terms in any way and at any time.
d) We will notify you of any modifications to these Terms by posting such modifications on www.stardustsocialcasino.com or within the Service. You agree that you will 1) periodically check the Service for updates to these Terms, and 2) read messages we send you regarding the Service. You agree that you will be considered to have been given notice of any modifications once we post them to the Service and that your continued use of the Service after such notice shall be deemed an acceptance of any changes. If you do not agree to these Terms, as may be amended from time to time in BGC's sole discretion, your only remedy is to discontinue your use of the Service and to cancel your account(s). If you access the Service from a social network or download the Service from any platform or applications stores, such as but not limited to Facebook, you must also comply with its terms of service/use as well as these Terms and you will be responsible for reviewing, understanding, and following all applicable terms of service.
e) BGC reserves the right to limit, suspend, modify, delete, or discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability and without any obligation to compensate you for any losses.
f) You agree to be bound by any application, forum, or game specific rules, published within the Service.
g) Your use of the Service is conditioned upon your compliance with these Terms. Any use of the Service in violation of these Terms will be regarded as an infringement of BGC's copyrights and other rights in and to the Service. BGC may, in its sole discretion, limit, suspend, terminate, modify, or delete accounts or access to the Service without notice if, among other reasons, you violate these Terms. You agree that BGC does not have to provide you with any notice before terminating or suspending your account, but it may, in its sole discretion, provide you with notice as a courtesy and without then taking on any additional obligations.
h) You are strictly prohibited from permitting any third party, to access the Service through use of your account. You are fully responsible for all activities associated with your account.
i) You acknowledge and agree that the games offered by the Service do not offer gambling or an opportunity to win real money or prizes. You also acknowledge that practice or success at social gaming does not imply future success at real money gambling.
j) You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms.
2. OWNERSHIP OF INTELLECTUAL PROPERTY
a) Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by BGC, and are protected by law from unauthorized use. The entire contents of the Service are protected by copyright. BGC, the BGC and Stardust logos, and all game names are trademarks owned or licensed by BGC and may not be used without the express written permission of BGC.
b) You do not acquire any ownership rights by using the Service, downloading material from, or uploading material to, the Service, or by purchasing any virtual items.
c) You agree not to copy, redistribute, publish, or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of BGC.
d) All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to BGC in connection with the use of the Service shall be the exclusive property of BGC. You agree that unless otherwise prohibited by law, BGC may use, sell, exploit, and disclose the Ideas in any manner, without restriction and without compensation to you.
3. VIRTUAL ITEMS
a) From time to time, during your use of the Service, you may have an opportunity to obtain a variety of virtual items, including but not limited to, items such as virtual currency (also at times referred to as “virtual coins” or “virtual game coins” or “in-app virtual currency”) and virtual in-game digital items that can be used while playing on the Service (collectively referred to as “Virtual Item” or “Virtual Items”). From time to time, during your use of the Service, you may have an opportunity to earn, buy, purchase, pay, receive, or obtain, to name some methods, Virtual Items. Regardless of the terminology used, Virtual Items may never be redeemed for “real world” money, goods, or other items of monetary value from BGC or any other party.
b) Prices and availability of Virtual Items are subject to change without notice.
c) You do not own the Virtual Item; additionally, any amounts related to a Virtual Item do not refer to any credit balance or any equivalent. You have no property interest in Virtual Items. You have been granted a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Items in the Service, you have no right or title in or to any such Virtual Items appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
d) BGC has the absolute right to manage, regulate, control, modify, and/or eliminate such Virtual Items as it sees fit in its sole discretion, and BGC shall have no liability to you or anyone for the exercise of such rights. BGC has no liability for hacking or loss of any Virtual Items. BGC reserves the right, without prior notification, to limit the order quantity of any Virtual Items and/or to refuse to provide you with any Virtual Items.
e) Transfers of Virtual Items are strictly prohibited. Virtual Items may not be transferred, or resold for commercial gain, in any manner including, without limitation, by means of any direct sale or auction service. Virtual Items may not be transferred, purchased, or sold from any individual or other company via cash, barter, or any other transaction. Virtual Items have no monetary value and cannot be used to purchase or use products or services other than within the Service. Virtual Items cannot be exchanged for real money or value of any kind outside of the Service, without BGC’s written permission. Any attempt to do so is strictly forbidden and in violation of these Terms and may result in a lifetime ban from the Service and possible legal action.
f) You agree that all purchases of Virtual Items are payable in advance and are final except as otherwise provided in these Terms. No refunds will be given except in our sole and absolute discretion. All Virtual Items are forfeited if your account is cancelled, terminated, or suspended for any reason, in BGC's sole and absolute discretion, or if BGC discontinues providing the Service.
g) You are responsible for all charges incurred, including applicable taxes, and all purchases made through your account. If you cancel your account, BGC reserves the right to collect any applicable fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before BGC will allow you to register again. BGC has total decision-making authority regarding allowing repeat registrations.
h) BGC reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order was submitted and accepted) in any order, price, advertisement, promotion, or giveaway.
4. USER CONTENT
a) The Service may invite you to chat or participate in blogs, message boards, online forums, and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to BGC and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions, or personal information or other material (collectively “User Content”). Any User Content you create, submit, post, display, transmit, perform, publish, distribute, or broadcast to BGC or via the Service will be treated as non-confidential, non-proprietary, and non-personal identifying information. You also agree that BGC acquires ownership rights to all materials you upload to the Service.
b) You shall be solely responsible for your own User Content and the consequence of submitting and publishing your User Content on the Service. You affirm that BGC is not responsible for protecting from disclosure User Content you create, submit, post, display, transmit, perform, publish, distribute, or broadcast via the Service.
c) You further affirm, represent, and warrant, that your User Content is wholly original to you, and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without BGC incurring any third-party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
d) You grant to BGC the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid, and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache, or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula, or medium now or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market, and promote same.
e) BGC has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but BGC does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
f) BGC has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. BGC may move, re-format, edit, alter, distort, remove, or refuse to exploit User Content without notice to you and without liability; provided, however, that BGC reserves the right to treat User Content as content stored at the direction of users for which BGC will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to BGC's attention.
g) You acknowledge that you do not rely on BGC to monitor or edit the Service and that the Service may contain content which you find offensive, and you hereby waive any objections you might have with respect to viewing such content.
5. POSTING ON OTHER WEBSITES
a) You are granted a limited revocable license to post an image of your personal avatar and / or screen shot from your account within the Service and any other materials that BGC specifically gives you notice may be posted on other websites, on your own personal website or on a third-party website that permits posting of content at the direction of users provided that such third-party website (i) is not commercially competitive to BGC, (ii) does not criticize or injure BGC, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (iv) does not charge for access to such content or associated products, services or advertising with such content, so long as the website where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten, or violate the rights of privacy, publicity, intellectual property, or other legal rights of others or, in any way, post, publish, distribute, disseminate, or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful, or otherwise objectionable information, topic, name, or other material (an “Authorized Website”). All of BGC's rights and remedies are expressly reserved, and BGC may revoke this limited license, in whole or in part, upon notice.
b) Without limitation, the following terms and conditions apply to your posting of a copy of your avatar and/or screen shots on an Authorized Website:
i) You must display a prominent link to the Service's homepage in connection with any of your uses permitted hereunder, including, without limitation, in e-mails you are sending friends; and
ii) You agree to include, and not remove or alter, any trademark, copyright, or other proprietary rights notices provided by BGC on the Service and within e-mail page(s), when displaying an avatar or images from a game on the Service, and you agree to comply with usage guidelines that may be provided by BGC from time to time. You agree that any and all goodwill that arises in connection with your use of trademarks of BGC and BGC's licensors inures exclusively to BGC or BGC's licensors, as applicable, and you agree not to challenge BGC's or its licensor's ownership or control of any trademarks of BGC or its licensors, nor use or adopt any trademarks that might be confusingly similar to such trademarks.
6. USAGE RULES
a) As a condition of your use of and access to the Service, you represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You represent, warrant, and agree to comply with these Usage Rules, which are provided as an example rather than as an exhaustive list, and any application or game-specific rules published within the Service.
b) You agree that your use of, and conduct on, the Service will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You represent, warrant, and agree that your User Content will not:
i) include any offensive comments that are connected to race, national origin, gender, sexual orientation, or physical characteristic;
ii) include personal-identifying information or sensitive personal-identifying information that belongs to you or another person;
iii) include profanity or any obscene, indecent, pornographic, sexual, or otherwise objectionable content or language;
iv) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate, or abuse anyone;
v) promote violence or describe how to perform a violent act;
vi) include any comments or materials that promote any activities that may be construed as illegal;
vii) violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
viii) be in violation of these Terms or the game rules of conduct (collectively, (i) – (vii), the “Content Restrictions”).
c) You and your activities on the Service will not:
i) reveal any personal information about another individual, including but not limited to, another person's address, phone number, e-mail address, credit card number, social security number, social insurance number, or any information that may be used to track, contact, or impersonate that individual;
ii) attempt to impersonate any other party;
iii) create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
iv) trick, defraud, or mislead BGC and other users, especially in any attempt to learn sensitive information such as passwords or account information;
v) make improper use of BGC's support services or submit false reports of abuse or misconduct;
vi) engage in any commercial activities, including, without limitation, any attempt to raise money for anyone, or advertise or promote a product, service, website, pyramid scheme, or other multi-tiered marketing scheme;
vii) disparage, tarnish, or otherwise harm, in BGC's opinion, BGC and / or the Service;
viii) violate these Terms or any local, state, jurisdiction, or federal or international law, rule, or regulation, or any other requirements or restrictions posted by BGC on the Service;
ix) disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, or any other malicious or invasive code or program;
x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service and User Content;
xi) copy or adapt the Service software including but not limited to Flash, PHP, HTML, JavaScript or other code;
xii) reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
xiii) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
xiv) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper, or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
xv) cover or obscure any notice, banner, or advertisement on the Service;
xvi) disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g., anonymous proxy) to access the Service;
xvii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, collaborative content, or the User Content;
xviii) attempt to sell the Service or any part thereof including but not limited to virtual items, user accounts, or access to either of the foregoing in exchange for real currency or items of monetary value; or
xix) engage in cheating or any other activity deemed by BGC to be in conflict with the spirit or intent of the Service.
d) BGC does not control or endorse the content, messages, or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, BGC specifically disclaims any responsibility with regard thereto. You agree to indemnify BGC and the other BGC Parties (as defined in Section 11(a) below) from any liability or damages arising out of or resulting from any content you post or communicate on or through the Service.
8. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
By using the Service, you consent to BGC's processing of your personal information consistent with the Stardust Social Casino Privacy Policy reviewable here. By providing your personal information to us, you consent to the collection, use, storage, and disclosure of that information as described in the Stardust Social Casino Privacy Policy and these Terms of Service. To obtain further information, you can email us: stardustprivacy@boydgaming.com.You may always opt-out of marketing and make other similar requests regarding your personal information. Please see our privacy policy for additional information.
When you complete BGC's registration process, you create a BGC account (“Account”). Your Account may also include billing information you provide to third-party payment processors for the purchase of Virtual Items. You may not reveal, share, or otherwise allow others to use your password or Account except as otherwise specifically authorized by BGC. You are responsible for the confidentiality of your login and password and for the security of your computing and mobile devices. BGC is not responsible for the use of your password and Account or for any of the communication and activity on the Service associated with your Account by you, by any person to whom you may have intentionally or negligently, disclosed your Account information in violation of this confidentiality provision, or by any other person who fraudulently used your Account without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must immediately email BGC.
Your Account, including any information pertaining to it, is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account. You acknowledge and agree that content you submit when using the Service, including reviews and your communications with other users via online messaging, private messaging, forums, or bulletin boards, and any other similar types of communications and submissions on or through the Service, are non-confidential, public communications, and you have no expectation of privacy concerning your use of, or participation in, the Service (other than with respect to the information you provide to us in establishing your Account).
You acknowledge that personal information that you communicate publicly within the Service may be seen and used by others and may result in unsolicited communications. BGC is not liable for any information that you choose to submit or communicate to other users on or through the Service, or for the actions of any other users of the Service. You represent and warrant that you have all necessary rights in and to any materials that you communicate within the Service, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify BGC and the other BGC Parties (as defined in Section 11(a) below), for all claims resulting from your submitted or communicated content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant BGC permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post, throughout the world in perpetuity. Once you submit or communicate any content or materials on or through the Service, you expressly grant BGC the complete, worldwide, fully sublicensable, and irrevocable right to quote, re-post, use, reproduce, modify, delete, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast, such content or materials, including without limitation the name or other identifiers you submit or communicate in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind.
We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
9. ACCOUNT RESPONSIBILITY
a) This Service is offered through various social networks. The Service may only be available to persons who are registered members of the social network through which they access the game and are in compliance with the policies or terms of use/service of that social network. In creating your Account with a social network through which you will access the Service, you agree to:
i) provide true, accurate, current, and complete information about yourself (“Registration Data”); and
ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
b) Users who maintain more than one account on a social network may not access this Service from multiple accounts. If you provide any information that is untrue, inaccurate, not current, or incomplete, or BGC has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, BGC has the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof). BGC reserves the right to terminate accounts that have been inactive for 180 consecutive days.
10. DISPUTES WITH OTHERS
We reserve the right, but have no obligation, to monitor and / or manage disputes between you and other users of the Service. If you have a dispute with other users, you release BGC and the other BGC Parties (as defined in Section 11(a) below) and hereby agree to indemnify, defend, and hold BGC and the other BGC Parties, harmless from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
11. DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY
a) YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO THE TERMS WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER BGC NOR ITS SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, VENDORS, DISTRIBUTORS, LICENSEES OR LICENSORS (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ATI) (COLLECTIVELY, “BGC PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
b) TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY, ARISING OUT OF, OR RELATED TO THESE TERMS OR THE USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT, AND THAT THE BGC PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER RELATED TO OR ARISING OUT OF THE USE OF THESE TERMS, OR INABILITY TO USE THE SERVICE EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE BGC PARTIES' LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE BGC PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE BGC PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE BGC PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION, OF ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICE. THE BGC PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICE.
c) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BGC PARTIES SHALL NOT BE LIABLE FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE BGC'S CONTENT AND SERVICE INCLUDING, BUT NOT LIMITED TO, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL COMMERCIAL DAMAGES OR LOSSES.
d) UNDER NO CIRCUMSTANCES WILL THE BGC PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BGC IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
e) IF YOU ARE A RESIDENT OF ANY JURISDICTION WITH LAWS OR REGULATIONS THAT LIMIT THE ABILITY OF PARTIES TO CONTRACTUALLY EXCLUDE, RESTRICT, MODIFY, WAIVE OR LIMIT CERTAIN RIGHTS OR REMEDIES, THIS SECTION 11 DOES NOT EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED, WAIVED, LIMITED, OR MODIFIED.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless, the BGC Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation, or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your Account(s) or the Service. BGC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
13. GOVERNING LAW / WAIVER OF INJUNCTIVE RELIEF
a) This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of Nevada governing contracts entered into and to be fully performed in Nevada (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Clark County, Nevada, U.S.A., and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in Clark County, Nevada, U.S.A.
b) You acknowledge that the rights granted, and obligations made, hereunder to BGC are of a unique and irreplaceable nature, the loss of which shall irreparably harm BGC, and which cannot be replaced by monetary damages alone so that BGC shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
14. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS “DISPUTE RESOLUTION BY BINDING ARBITRATION” PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BGC OR BGC PARTIES, INCLUDES A CLASS ACTION WAIVER PROVISION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS, AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
DISPUTE RESOLUTION AND ARBITRATION:
ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION.
OPT OUT RIGHT:
YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW.
EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU, BGC, AND THE BGC PARTIES, AGREE TO RESOLVE ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, NO MATTER WHEN SUCH DISPUTES, CLAIMS, OR CONTROVERSIES AROSE OR ARISE. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THESE TERMS (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE CONCERNING THE BREACH, ENFORCEMENT, CONSTRUCTION, VALIDITY, INTERPRETATION, ENFORCEABILITY, OR ARBITRABILITY, OF THESE TERMS); OR (iii) YOUR ACCESS TO OR USE OF THE SERVICE AND / OR YOUR ACCOUNT. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU, BGC, AND THE BGC PARTIES WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Any election to arbitrate by one party shall be final and binding on the other. You, BGC, and the BGC Parties, agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), as modified by these Terms. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act.
If you assert a dispute as a consumer, you will only be required to pay $250 of the fees charged by JAMS in connection with any arbitration under this section, and BGC will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. You will be responsible for paying your own attorneys' fees.
The arbitration may be conducted in person in Clark County, Nevada, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. With the exception of class procedures and remedies as discussed below, the arbitrator shall have the authority to grant any remedy that would otherwise be available in court. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you, BGC, and the BGC Parties, may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment, on the award entered by the arbitrator.
You, BGC, and the BGC Parties, shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary hearing, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
You, BGC, and BGC Parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your, BGC's, or BGC Parties' intellectual property rights; and (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
YOU MAY OPT OUT OF THIS ARBITRATION PROVISION ONLY BY WRITTEN NOTICE VIA U.S. MAIL, OR BY ANY NATIONALLY RECOGNIZED DELIVERY SERVICE (E.G., UPS, FEDERAL EXPRESS, ETC.) TO BOYD GAMING CORPORATION, ATTN: STARDUST CASINO BUSINESS AFFAIRS AND LEGAL COUNSEL, 6465 S. RAINBOW BLVD. LAS VEGAS, NV 89118 U.S.A. YOU MUST SEND SUCH NOTICE WITHIN THIRTY (30) DAYS OF YOUR ACCEPTANCE OF THESE TERMS. YOU MUST HAND-SIGN AND DATE THE NOTICE, AND INCLUDE IN IT YOUR NAME, PHYSICAL ADDRESS, EMAIL ADDRESS(ES) ASSOCIATED WITH YOUR ACCOUNT(S), AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH BGC OR BGC PARTIES WITH RESPECT TO THE SERVICE OR THESE TERMS THROUGH ARBITRATION. IF YOU DO NOT FOLLOW THIS PROCEDURE BY YOUR THIRTY (30) DAY DEADLINE TO DO SO, THEN YOU, BGC, AND BGC PARTIES, SHALL BE BOUND BY THE TERMS OF THIS SECTION ENTITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION.”
If any portion of this section entitled “Dispute Resolution by Binding Arbitration” is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
CLASS ACTION WAIVER:
THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST BGC OR BGC PARTIES. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST BGC OR BGC PARTIES BY SOMEONE ELSE.
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU, BGC, AND BGC PARTIES, AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF JAMS'S PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY'S INDIVIDUAL CLAIM. YOU, BGC, AND BGC PARTIES ARE WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU, BGC, AND BGC PARTIES ALSO AGREE NOT TO SEEK TO COMBINE ANY ACTION OR ARBITRATION WITH ANY OTHER ACTION OR ARBITRATION WITHOUT THE CONSENT OF ALL PARTIES TO THIS AGREEMENT AND ALL OTHER ACTIONS OR ARBITRATIONS.
15. WAIVER/SEVERABILITY
a) The failure of BGC to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of BGC's right to assert or rely upon any such provision or right in that or any other instance.
b) You and BGC agree that if any portion of these Terms is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
16. MISCELLANEOUS
a) BGC operates and controls the Service from its offices in the United States. The Services are designed and intended for users within North American jurisdictions where the Services are legally permitted, excluding users within the State of Washington. Players outside of permitted jurisdictions must not use the Services, and we do not knowingly allow persons from outside the permitted jurisdictions to register to use the Services. You understand, acknowledge, and agree, that the Service may only be accessed from permitted jurisdictions and all other use is strictly prohibited. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject BGC to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, 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. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
b) These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, BGC, or any other web site, or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from BGC if, in our sole discretion, you fail to comply with any term or provision of these Terms.
c) Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you.
d) You may not assign these Terms without BGC's prior written consent.
e) These Terms contain the entire understanding of you and BGC supersede all prior understandings of the parties hereto relating to the subject matter hereof, cannot be changed or modified by you, and can only be modified as posted on the Service by BGC.
f) Except as may otherwise be provided in these Terms, if any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
g) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
h) The section headings used herein are for convenience only and shall not be given any legal import.
i) Upon BGC's request, you will furnish BGC any documentation, substantiation, or releases, necessary to verify your compliance with these Terms.
j) You agree that these Terms will not be construed against BGC by virtue of having drafted them.
k) You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
17. STATUTE OF LIMITATIONS
You and BGC both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
19. DIGITAL MILLENNIUM COPYRIGHT ACT
a) In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on the Service infringes any copyright that you own or control, you may notify BGC's Designated Agent listed below. For your notice to be effective, it must include the following information per the DMCA:
i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii) A description of the copyrighted work that you claim has been infringed upon;
iii) A description of where the material that you claim is infringing is located within the Service;
iv) Information reasonably sufficient to permit BGC to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
vii) BGC's Designated Agent is:
Boyd Gaming Corporation
Attn: Stardust CasinoIntellectual Property Agent
6465 S. Rainbow Blvd.
Las Vegas, NV 89118 U.S.A
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