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END USER LICENSE AGREEMENT
This End User License Agreement (“Agreement”) was last updated on Dec 30, 2020.
IMPORTANT
THIS WEBSITE IS OPERATING THE GAMING SOFTWARE PLATFORM (THE “SOFTWARE”) OF NYX DIGITAL GAMING (USA), LLC© (“NYX”) UNDER A LICENSE FROM NYX TO RESORTS DIGITAL GAMING, LLC© (“RESORTS”), A NEW JERSEY LIMITED LIABILITY COMPANY AND AFFILIATE OF DGMB CASINO, LLC D/B/A RESORTS CASINO HOTEL© (“DGMB”) WHICH IS MANAGED BY MGA GAMING NJ, LLC D/B/A MOHEGAN GAMING ADVISORS© A SUBSIDIARY OF THE MOHEGAN TRIBE OF INDIANS OF CONNECTICUT (“MOHEGAN”). (UNLESS THE CONTEXT INDICATES OTHERWISE, NYX, MOHEGAN, DGMB AND RESORTS ARE HEREINAFTER REFERRED TO COLLECTIVELY AS THE “COMPANY”, “WE” OR “US”). A CONDITION TO YOUR DOWNLOADING OR OTHERWISE USING THIS SOFTWARE AND ACCESSING THE WEBSITE AND ITS CONTENT IS THAT YOU ENTER INTO THE FOLLOWING LEGALLY BINDING SUB-LICENSE AGREEMENT WITH US, WHICH GOVERNS YOUR USE OF THE SOFTWARE AND THE WEBSITE.
PLEASE READ THIS AGREEMENT CAREFULLY, TO MAKE SURE YOU FULLY UNDERSTAND ITS CONTENT. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT AN ATTORNEY OR OTHER LEGAL ADVISOR IN YOUR JURISDICTION.
BY CHECKING THE “I AM 21 OR OVER AND I ACCEPT THESE TERMS & CONDITIONS” BOX DURING THE ACCOUNT REGISTRATION PROCESS, YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU ALSO CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH OR UNDERSTAND ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CHECK THE “I AM 21 OR OVER AND I ACCEPT THESE TERMS & CONDITIONS” BOX, DISCONTINUE THE ACCOUNT REGISTRATION PROCESS, AND DO NOT CONTINUE TO DOWNLOAD, INSTALL, OR OTHERWISE USE THE SOFTWARE, SERVICE OR THE WEBSITE.
1.1 NYX, with offices at 400 South Rampart Blvd. Suite 220 Las Vegas, Nevada 89145, is the operator, on behalf of Resorts, of the website domains www.resortscasino.com© and www.mohegansuncasino.com© (each individually referred to as a “Website” and collectively as the “Websites”). The Company is licensed and/or regulated by the New Jersey Division of Gaming Enforcement (“Division”) for the purposes of operating and offering real-money Internet-based and/or mobile application-based interactive gaming services (hereinafter referred to as the “Services”).
1.2 When You (hereinafter referred to as the “End User” or “User” or “You” or “Your”) use the Website(s), the Software, or the Services, these Terms of Service (hereinafter referred to as the “Terms of Service” or “Agreement”) shall apply to such use.
1.3 In addition to this Agreement, all “Additional Rules” as defined below, apply to Your use of the Website(s), the Software and the Services, and You should review it prior to any use of the Website(s), the Software, or the Services. The Company’s online gaming privacy policy (“Privacy Policy”) describes how Your personal information will be dealt with and protected. By accepting the terms of service set forth in this Agreement, You are also acknowledging and accepting the Privacy Policy, which is hereby incorporated by reference as if fully set forth herein
1.4 Your use of the Company’s Website(s), the Software and the Services is strictly subject to all applicable laws, rules, regulations, or other authority which shall apply to the type of Services that You are using, including, but not limited to, the New Jersey Casino Control Act, N.J.S.A 5:12-1 et seq. (the “Act”) and the regulations promulgated thereunder, N.J.A.C. 13:69-1 et seq. (the “Regulations”), Privacy Policy , the Responsible Gaming page (the “Responsible Gaming Page”) and such other policies as We may issue from time to time (together, the “Additional Rules”) in each case as updated from time to time. The Additional Rules are incorporated by reference into this Agreement and shall constitute an integral part hereof. Whenever the term “Agreement” is used in this document, it shall be deemed to include the Additional Rules, unless otherwise indicated by the context.
1.5 This Agreement shall prevail in the event of any conflict between this Agreement and any of the game rules or other documents referred to in this Agreement.
2.1 By registering with the Company via the Website(s) and/or by using the Company’s Software and Services via the Website(s) and/or by checking the “I am 21 or over and I accept these Terms & Conditions” box during the account registration process, You agree to be bound by this Agreement in its entirety and without reservation. As such, this Agreement constitutes a binding legal agreement between You and the Company. This Agreement shall govern Your use of the Website(s), the Software, and the Services at all times.
2.2 The Company operates the Website(s) and offers the Software and the Services in conjunction with an Internet Gaming Permit issued by the Division to Resorts.
2.3 The Software, which may be made available in either downloadable or non-downloadable form, allows You to use the Services currently available via the Website(s) and other User interfaces, including, but not limited to, mobile devices. The Company reserves the right, in its sole discretion, to suspend, modify, remove or add to the Website(s), Software and/or the Services, subject to any statute, regulations, or direction from the Division, with immediate effect and without notice. The Company shall not be liable for any loss suffered by You, including, but not limited to, any indirect, consequential, incidental or special damages, resulting from any changes made to the Website(s), Software and/or Services and You shall have no claims against the Company in such regard.
2.4 In respect to Your use of the Services, You may only have one account with each specific Website operated by the Company for which You will register using Your own legal name. You shall access the Software and use the Services only via Your own account. You may never access the Software or use the Services by means of another person’s account or permit any other person to access the Software or use the Services using Your account. If You: (i) attempt to open more than one account, under Your own name or under any other name; (ii) attempt to use the Website(s) or Services by means of any other person’s account; or (iii) permit another person to access the Website(s) or Software or use the Services using Your account, then We will be entitled to: (a) block Your account pending investigation; (b) refund or refuse to refund any monies contained in Your account in our sole discretion; (c) notify the proper authorities of the suspected activity; and/or (d) permanently close Your account(s), and bar You from future use of the Software and Services.
3.1 Use of the Services is restricted to End Users who are wagering from within the State of New Jersey. You represent, warrant and agree to ensure that Your use of the Website(s), the Software, and the Services will comply at all times with all applicable laws, statutes, and regulations.
3.2 You acknowledge that You will be physically within the State of New Jersey during any time of real-money play, and that You will comply with our requirements in connection with verifying Your physical location at time of play, including by use of Your mobile device’s current location and/or using the Wi-Fi networks when You use Your computer or tablet device. Location coordinates are only gathered at the time You access a real-money game using Your mobile phone, computer and/or tablet device, and have agreed to use the location verification service (the “Location Service”). Upon completing the account registration process, and before real-money play, You will be required to download a “plugin” from our Location Service provider. You hereby consent to Your location being verified via the above-described process each time You login to Your account and also periodically while You are logged in to Your account.
3.3 The mobile device Location Service is available only on selected carriers. The Location Service might not be available if the mobile device is roaming or is turned off. Location coordinate data is transmitted via Secure Socket Layer (“SSL”) technology into password protected servers. Your data will be subject to the Privacy Policy. Please contact Your carrier for rate information and note that Message and Data rates may apply.
3.4 Strong Authentication is an option You can opt-into in order to further protect the security of your account and it will utilize the mobile number You enter during the account registration process. With Strong Authentication, every time You login, You will receive a SMS (text message) to Your mobile device with a code You will be required to enter in order to access Your account. Please contact Your carrier for rate information and note that Message and Data rates may apply.3.5 The Company shall not be responsible for any illegal or unauthorized use of the Website, the Software, and/or the Services by You. Please consult an attorney if You have any doubts about the legality of Your use of the Website, the Software and/or the Services under the laws of any jurisdiction that applies to You. By accepting these terms, You agree to assist the Company, to the extent You are able, with its compliance with applicable laws and regulations.
3.5 The Company shall not be responsible for any illegal or unauthorized use of the Website, the Software, and/or the Services by You. Please consult an attorney if You have any doubts about the legality of Your use of the Website, the Software and/or the Services under the laws of any jurisdiction that applies to You. By accepting these terms, You agree to assist the Company, to the extent You are able, with its compliance with applicable laws and regulations.
3.6 Persons located outside of the State of New Jersey, at the time of their activity, may not use the Website(s), Software or Services for real-money play.
3.7 You are granted a personal, non-transferable and non-exclusive right to use the Location Service and any data related thereto. GeoComply©, as provider of the Location Service, and/or its licensors, retain all of their intellectual property rights in and to the Location Service, and no title to any such property is transferred to You. You agree not to expose, reverse assemble, reverse engineer, decompile, reverse decompile, reduce to human readable form, or otherwise attempt to derive source code from the Location Service, or modify, incorporate into or with other software, or to create derivative works of, the Location Service or any data related thereto, or allow any third party to do the same. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce or other US agency or authority, and not to transfer, or authorize the transfer of, the Location Service to a prohibited country or otherwise in violation of any such restrictions or regulations.
3.8 You acknowledge that no warranty from GeoComply© or its licensors is being made to You in connection with the Location Service and any data related thereto, and that there is an express disclaimer of any implied warranties of merchantability or fitness for a particular purpose. GeoComply© and its licensors shall not be liable to You for any indirect, consequential, incidental or special damages arising out of the use or license of the Location Service, regardless of the theory of liability (including negligence, tort, and strict liability).
3.9 You agree not to remove, alter or obscure any copyright or other proprietary notices incorporated on or in the Location Service by GeoComply© or any of its licensors.
3.10 You agree not to make the Location Service or any data related thereto available to third-parties, or use the Location Service on behalf of third-parties (including through file sharing, hosting, application services provider, service bureau, or any other type of service) and not to transfer or sublicense the Location Service or any data related thereto or allow the Location Service or any data related thereto to become subject to any lien.
3.11 You agree not to make any copies of the Location Service or any data related thereto, except for a single copy for back-up/archival purposes, and such copy must contain all of GeoComply’s© and its licensor’s notices regarding proprietary rights.
3.12 You agree to comply with the Google Maps© terms and conditions (as located at http://maps.google.com/help/terms_maps.html), the Google© Legal Notices (as located at http://www.maps.google.com/help/legalnotices_maps.html) and the AUP (as located at http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html), as the same may be updated from time to time.3.13 We reserve the right to use data from GeoComply© to aid in any investigation into your online account activity.
3.14 Certain services including GeoComply, will make use of your location data. If you use such services, you consent to us transmitting, collecting, maintaining, processing and using your location data in order to provide and improve location-based services. You may withdraw this consent at any time by turning off the location settings or by notifying us in writing that you would like to withdraw such consent
4.1 No one under the age of twenty-one (21) (individuals twenty-one (21) or older are referred to herein as “Legally of Age”) may download the Software or use the Services under any circumstances and any person not Legally of Age who downloads the Software or uses the Services will be in breach of the terms of this Agreement and the laws of the State of New Jersey. It is a criminal offense to allow a person who is not Legally of Age to participate in Internet wagering. Anyone who facilitates someone not Legally of Age to use the Software or Services has committed a criminal offense and shall be prohibited from using the Software and Services. The Company reserves the right, in its sole discretion, to request proof of age at any stage in order to verify that persons not Legally of Age are not using the Software or Services. The Company may terminate a person’s account and prohibit a person from using the Software or the Services if proof of age is not provided or if the Company suspects that a person using the Software or the Services is not Legally of Age. Any initial deposits made by a player in such account shall be reported to the Division and may be subject to forfeiture or other disposal as may be directed by the Division pursuant to the Act and Regulations. The Company may refuse to refund any bonuses or winning funds provided to or gained by a player in violation of this Agreement.
4.2 You hereby explicitly consent that We may verify Your personal information provided during the registration process, such as Your name, physical address where You reside, Your date of birth, Your driver’s license or valid government-issued identity card, Your social security number, and Your passport identification (for non US residents) to confirm: (a) that You are Legally of Age; and (b) Your identity. We may use third-party verification services to verify Your personal information, including but not limited to a credit reference agency or other identification verification services. In performing these checks, the third-party verification services may keep a record of Your information, and such checks could affect Your credit report. The purpose of this verification is to confirm Your age, identity, and geographic location. We reserve the right, but do not assume the responsibility, to verify that You have not previously suspended your play or otherwise set self-imposed responsible gaming limits (“Responsible Gaming Limits”) with another one of the Websites operated by the Company or another New Jersey casino or any similar program offered by a private or governmental agency, other than the Division’s Self-Exclusion List. By requesting certain documents, We reserve the right to verify Your information, including Your email address and payment methods used, at any time. Requested documents shall include, but are not limited to, (a) an identity card such as a valid passport or state-issued photo driver’s license, (b) proof of address such as a utility bill or bank statement, and (c) proof of payment method, and can be sent to Us through a secure/encrypted file transfer feature in the Website’s Cashier, another location on the Website, or at the main casino cage on Resorts’ casino floor. In the Company’s sole discretion, We may request notarized document copies, meaning the documents must be stamped and attested to by a notary public. In the event our request for documents is not completed by You to the Company’s satisfaction, the Company will suspend or terminate the account, withhold any funds that are present therein and refuse to refund any Bonuses or winning funds provided to or gained by You. Any initial deposit funds in such account shall be returned within seven (7) business days after cancellation, unless prohibited by the Act or Regulations. Should the documents fail our internal security check (for example, if We suspect that the documents have been tampered with, or are in any way provided to mislead or misrepresent), the Company shall be under no obligation to accept such documents as valid, and shall be under no obligation to provide feedback or explanations on the nature of our findings or reasons for rejecting the documents. The Company reserves the right to request additional information from You in its sole discretion or as may be required by law. You will not be permitted full use of the Website(s), Services or the Software unless and until your age, identity, and location have been verified to the Company’s satisfaction.
4.3 You hereby explicitly consent to the Company performing background checks on You, including, but not limited to credit checks and accessing Your credit history from any credit reporting agency, for any reason related to the use of the Website(s), Software or Services, including, but not limited to, any investigation into Your identity, any credit checks performed on You, or any inquiries into Your personal history. The basis for such investigations will be dependent on the specific case, and could include, but not be limited to, verification of Your registration details, such as the name, address and age, verification of financial transactions, verification that you are not in child support arrears, verification of gaming activity or collection efforts related to any monies You may owe the Company for any reason whatsoever, including, but not limited to, failure to adequately fund Your account, dishonored checks or E-Checks, chargebacks from a banking or other financial institutions, failed or refused ACH online check transfers, insufficient funds, non-receipt of funds from a credit or debit card or other deposit methods used by you. The Company shall be under no obligation to advise You of such an investigation taking place and We may use social media sites in conducting such an investigation. Such activities may also include the use of specific third-party companies who perform the investigations as required. The Company may decide, in its sole discretion, to block Your account, and withhold all funds, on the basis of such an investigation.
4.4 Persons employed in a New Jersey casino or by a company holding a license issued by the Commission or Division in positions requiring that they hold a casino key employee license (“Key Employees”) are prohibited from wagering in any casino or simulcasting facility in the State of New Jersey and from participating in online gaming in the State of New Jersey, including using the Services or creating an account with the Company. Key Employees include any employee who, in the judgment of the Division, is directly involved with the conduct of gaming operations, including, but not limited to, dealers, floor persons, box persons, security and surveillance employees. It is Your responsibility to determine if You are a Key Employee and the Company assumes no responsibility to determine if You are. Therefore, the Company disclaims all responsibility for Your violation of the foregoing prohibition. Company employees, including employees of Resorts Casino Hotel, Resorts Digital Gaming, Mohegan Sun (or any of their affiliates) and their immediate family members, are not permitted to wager or participate in any promotions offered by the Company. .
4.5 You have the right to set Responsible Gaming Limits on each specific Website operated by the Company, including a deposit limit, a spend limit, and a time-based limit, and to suspend Your use of the Services on each specific Website operated by the Company (for a period of no less than seventy-two (72) hours) as detailed on the Responsible Gaming Page for ResortsCasino.com at: https://www.resortscasino.com/signup/player-protection/ and as detailed on the Responsible Gaming Page for MoheganSunCasino.com at: https://www.mohegansuncasino.com/signup/player-protection/. If You wish to relax Your Responsible Gaming Limits after they have been set, the Regulations require that You must wait until Your current limit expires before the new limit will take effect. Note that, for limits set in weekly increments, calendar weeks are used which begin on a Sunday.
4.6 You also have the right to place Yourself in the New Jersey Casino Self-Exclusion Program which gives You the option to be placed on the self-exclusion list maintained by the Division (“Division’s Self-Exclusion List”) and will preclude You from engaging in Internet gaming anywhere in the State of New Jersey. Further information is available at The Division’s website at http://www.nj.gov/oag/ge/selfexclusion.html.
5.1 The Company hereby grants You the non-exclusive, non-transferable, non-sub-licensable right to use the Software in connection with the Services in accordance with this Agreement. The Software’s code, structure and organization are protected by the Company’s intellectual property rights. You must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise attempt to derive the internal structure, functioning, or other inner workings of the Software; (b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the Software; (c) make the Software available to any third-party through a computer network or otherwise; (d) export the Software to any country (whether by physical or electronic means); (e) use the Software in a manner prohibited by applicable laws, regulations and/or this Agreement; (f) assert or imply that title or ownership rights in the Software belong to You; (g) remove, circumvent, disable, damage, or otherwise interfere in any way with any security-related feature of the Software; or (h) attempt to do any of the foregoing (together the “Prohibited Activities”).
5.1.1 You will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it may conduct in light of the information provided by You in this respect.
5.2 The brand names relating to the Website(s) and Services, and any other trademarks, service marks, trade names, domain names and logos used by the Company are owned by the Company, its affiliated entities, or its licensors (including Resorts and the Mohegan Tribe of Indians of Connecticut, a subsidiary of which has entered into a management agreement with Resorts) with respect to the Services regardless of the platform (hereinafter referred to as the “Trademarks”) and the Company, its affiliated entities and licensors (as applicable) reserve all rights to such Trademarks. End User shall not use the Trademarks, or any confusingly similar marks except as expressly permitted herein.
5.3 In addition to the rights to its Trademarks, the Company or one of its affiliated entities and/or its licensors and/or its service providers own the rights in all other content including, but not limited to, the Software, games, images, pictures, graphics, photographs, animations, videos, music, audio and text available via the Software or on the Website(s) or in connection with the Services (the “Site Content”). The Site Content is protected by copyright and/or other intellectual property rights. The End User shall not modify any of the Site Content and shall not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Site Content or information or work contained in the Software or on the Website(s) or used in connection with the Services, except as expressly permitted herein. The End User shall not in any way alter, erase, or remove any trademark notices, copyright notices, logos, or other legal or proprietary designations contained on or within the Site Content.
5.4 You hereby acknowledge that, by using the Website(s), Services or the Software, You obtain no rights in the Trademarks or the Site Content and You may only use the same in complete accordance with this Agreement.
5.5 You agree not to upload, post, email, transmit or otherwise make available through the Services or on the Website(s) any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity or other right of any person or entity, or impersonates any other person.
5.6 The Company respects the intellectual property rights of others and requires each End User of the Services, the Software, and the Website(s) to do the same. The Company may in its sole discretion immediately remove or disable any content or block or terminate the account of any End 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 and conditions of this Agreement. The Company will, in appropriate circumstances, terminate the accounts of repeat infringers at any time. If You believe any material available on the Website(s) infringes upon a copyright, or otherwise violates Your intellectual property rights, then You should notify the Company’s Copyright Agent at the address provided below by providing the following information:
5.6.1 identify the copyrighted work or other intellectual property that You claim has been infringed;
5.6.2 identify the material on the Website(s) that may be an infringement with enough detail so that We may locate it on the Website(s);
5.6.3 a statement by You indicating a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5.6.4 a statement by You declaring under penalty of perjury that (a) the above information in Your notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
5.6.5 Your address, telephone number, and email address; and
5.6.6 Your physical or electronic signature.
5.7 The Company’s designated Copyright Agent for notices of claims of copyright or other intellectual property infringement is:
Resorts Digital Gaming, LLC
c/o Resorts Casino Hotel
Attn: Vice President & General Counsel
1133 Boardwalk
Atlantic City NJ 08401
In consideration of the rights granted to You to use the Website(s), Services and the Software, You represent, warrant, covenant and agree that the following representations are true to the best of Your knowledge and belief.
6.1 As the End User, You are Legally of Age, as defined in this Agreement, of sound mind and capable of taking responsibility for Your own actions, and, at any time you engage in real-money play on a Website(s), You will be physically located within the State of New Jersey whenever attempting to engage in real money play.
6.2 The phone number and email address provided by You to the Company either during the registration process or at any time thereafter, including as part of any payment deposits, withdrawals, or any other financial transaction are true, current, correct, complete and match the full name(s) on the credit/debit card(s) or other payment accounts including, but not limited to, payment via online wallets or the automatic clearing house (ACH online check transfers) or commonly referred to as “E-Checks” to be used to deposit or receive funds in Your account. You shall ensure that funds deposited into Your account from a financial institution shall not be transferred out of Your account to a different financial institution. You shall ensure that You have sufficient available funds prior to conducting any wagering activities. The Company does not extend credit to any player for any reason for wagering or playing or any related activities on the Website(s). You will promptly notify Us of any changes to details previously provided by You to the Company. From time to time, You may be requested to provide Us with certain documents to verify the details of the credit or debit card or other deposit or withdrawal methods used by You to deposit or withdraw money to or from Your account, and to verify the authenticity of such documents. Should You fail to provide the Company with, or fail to verify the authenticity of, any documents requested by the Company relating to Your identification or any deposit or withdrawal method used by You, the Company reserves the right, in its sole discretion, to cancel a withdrawal request. Depending on the outcome of these verification checks, You may or may not be permitted to deposit further monies with the credit or debit card or other deposit methods previously used by You. Should any of the information that You provide to Us be untrue, inaccurate, misleading, or otherwise incomplete, You will be in breach of this Agreement, and We reserve the right to terminate Your account immediately and/or prevent You from using the Software or the Services, in addition to any other action that We may choose to take. You shall not transfer any funds to any other player or account holder.
6.3 As the End User, Your account with the Company is solely for Your benefit. You shall not allow anyone (including a relative) to use Your account, password, or identity to access or use the Website(s), Services or the Software, and You shall be fully responsible for any activities undertaken on Your account by a third-party. You will not reveal Your account username or password to any person and You shall take all steps to ensure that such details are not revealed to any person. You shall inform Us immediately if You suspect that Your account is being used by a third-party, and/or any third-party has access to Your account username or password so that We may investigate such matter, and You will cooperate with Us, as We may request, in the course of such investigation.
6.4 As the End User, You are responsible for the security of Your username and password on Your own computer and any device on which the Software is or may be accessible including, but not limited to, an Internet access location. It is Your responsibility if Your username and password combination is “hacked” due to any virus or malware present on the computer or mobile device from which You access Your account. You should report any possible hacking attempts or security breaches from Your computer or mobile device immediately to the Company. It is Your responsibility to configure Your computer’s and/or mobile device’s auto lock features to protect from unauthorized use.
6.5 As the End User, You fully understand the methods, rules, and procedures of the Services and Internet gambling in general. You understand that it is Your responsibility to ensure the details of bets and games are correct. You will not commit any acts or display any conduct that damages the reputation of the Company.
6.5.1 – As the End User, You agree that when placing wagers on sporting events you consent to the house rules laid out here.
6.6 As the End User, You are fully aware that there is a risk of losing money when gambling by means of the Services, and that You are fully responsible for any such loss. You agree that Your use of the Services is at Your sole option, sole discretion, and risk. In relation to any loss, You shall have no claims whatsoever against the Company, any company within the same group of companies as the Company, the Company’s licensors or service providers or their respective directors, officers, members, management companies, employees, service providers, agents, or any affiliates of any of the foregoing.
6.7 You are solely responsible for all taxes and tax reporting to any relevant governmental, taxation, or other authority on any winnings or prizes paid to You by the Company or any other related or affiliated entity, subject to applicable local, state and/or federal tax laws and regulations, although You also acknowledge that the Company is required to report certain winning payments to state and federal governments. To enter a sweepstakes promotion, you must be a legal resident of the United States. Sweepstakes offers are void where prohibited. It is Your sole responsibility to determine the legality of sweepstakes in Your jurisdiction.
6.8 As the End User, You are solely responsible for any and all telecommunication network and Internet access services, fees and costs, and all other consents and permissions required in connection with Your use of the Website(s), Software and the Services. In case of any disconnection or interference with the connection or any alteration to Your system made by You, the Company does not guarantee that the Software will recall Your exact status prior to the disconnection event, provided, however, that, consistent with the detail set forth in Section 23 of this Agreement, in the event of a network disconnection, the Software may provide You with the ability to view a round of play completed prior to or during the period of disconnection, or to resume play of a game suspended as a result of such disconnection if a determination has not yet been made as to the outcome of the specific round of play in progress at the time of the disconnection.
6.9 As the End User, You shall act in good faith at all times in terms of Your use of the Services, the Website(s), and the Software and Your interactions with the Company and the other players using the Services. In the event the Company determines that You have been using the Services, the Website(s), or the Software in violation of this Agreement or any applicable law and/or to cause direct or indirect harm or injury to the Company or its respective licensors or service providers, or any End User of the Services, the Website(s), or the Software, the Company shall have the right, subject to any applicable law, to terminate Your account and/or use of the Services and any other accounts You may hold with the Company, and the Company shall be entitled to retain all monies therein. You hereby expressly waive any claims against the Company and its licensors and service providers in such regard, including, but not limited to, future claims or any indirect, consequential, incidental or special damages, subject to any applicable laws.
6.10 As the End User, You acknowledge that certain games, which are included in the Services, are offered or may be offered, in the Company’s sole discretion, to You on a “shared table basis” which enables the Company to bring together End Users of the Services via the Website and other Services operated by the Company. You agree that, in the Company’s sole discretion, You may be pooled into these shared tables, and that, to the extent that You breach this Agreement, the Company shall have the right to prevent You from playing on any “shared table”.
6.11 As the End User, You acknowledge and agree that should You choose to suspend Your use of the Services on any specific Website operated by the Company, You shall not be permitted to access Your suspended account on that Website during Your selected suspension period, until such suspension has been lifted and the suspended account reopened. Unless Your suspension has otherwise been reported to Us by the Division, should You choose to suspend Your use of the Services on any Website operated by the Company, You acknowledge that We are required to report Your suspension to the Division. While setting Responsible Gaming Limits on any specific Website operated by the Company does not automatically impose those limits on other Websites operated by the Company, the Company reserves the right, but does not assume the obligation, to block any new account You open or attempt to open with another Website operated by the Company, refund any funds You may deposit (or have previously deposited) in an account on such other Website, and shall not be liable to refund You any funds You may have wagered or won through an account on such other Website. Any winnings by a suspended End User won during the End User’s period of suspension or while the End User is on the Division’s Self-Exclusion List will be impounded by the Company, reported to the Division, and will be subject to the Division’s forfeiture procedures.
6.12 You hereby grant the Company and/or the Division Your consent to monitor and record Your wagering communications and geographic location information at all times, and You shall have no claims against the Division or the Company and its “Affiliates,” as defined below, licensors, or service providers in such regard.
7.1 As the End User, You declare that the source of funds used by You for gambling on the Website(s) and using the Services is not illegal and that You will not use the Website(s), the Services, or the Software in any way as a money transfer system. You will not use the Website(s), the Services, or the Software for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under federal laws and/or the laws of the State of New Jersey, the Regulations and/or any directives or instructions of the Division. If the Company has a suspicion that You may be engaging in or have engaged in fraudulent, unlawful or improper activity including, without limitation, money laundering activities, or conduct otherwise in violation of this Agreement, Your access to the Services and Software may be terminated immediately and/or Your account blocked, locked or terminated. Subject to the approval of the Division, if Your account is terminated or locked in such circumstances, the Company is under no obligation to refund You any funds (including any deposited funds and/or winnings) or provide You with access to any rewards points or bonuses that may be in Your account. In addition to terminating Your access to the Services and/or blocking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Website(s) and any of the Company’s other websites or servers, or accessing any other services offered by the Company. The Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together “Interested Third-Parties”) of Your identity and of any suspected unlawful, fraudulent or improper activity. Furthermore, You may be placed on the Division’s Exclusion List or place yourself on the Division’s Self-Exclusion List which will prohibit You from gambling on any New Jersey Internet gaming website. As the End User, You agree to fully cooperate with the Company to investigate any such activity.
7.2 The Company and its third-party service providers have developed and employ sophisticated technology intended to seek out and identify persons making fraudulent or unlawful use of the Services or Software. You shall not break into, access or attempt to break into or access or otherwise circumvent the Company’s security measures. If the Company believes, in its sole discretion, that You are in breach of this clause, the Company may terminate Your access to the Services and Software immediately and/or have Your account terminated or locked, pending investigation, and/or notify the proper authorities of the suspected activity, which may result in the closure of all Your accounts, and You being barred from future use of the Services and Software. The Company reserves the right, in its sole discretion, to inform Interested Third-Parties of Your breach. If Your account is terminated or locked in such circumstances, the Company is under no obligation to refund You any of the funds (including any deposited funds and/or winnings) or provide You with access to any rewards points or bonuses that may be in Your account, with such funds, rewards points, and bonuses being forfeited, subject to Division approval. In addition to terminating Your access to the Services and/or locking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Website and any of the Company's other websites or servers, or accessing any other properties or services offered by the Company.
7.3 The use of any automated tool designed to provide assistance in betting decisions, to exchange the opponents’ hand histories or used in any way in connection with Your use of the Services, regardless of whether such automated tool creates an unfair advantage for You over other End Users, is strictly prohibited. Therefore, the use of software, external devices, programs or applications for such purposes is strictly prohibited. You shall not use any software program which, in the Company’s opinion, is endowed with artificial intelligence (hereinafter referred to as “AI Software”) in connection with Your use of the Services. We constantly review the use of the Services and Software in order to detect the use of AI Software, and in the event that We deem it has been used, the Company reserves the right, in its sole discretion, to take any action We deem fit, including, but not limited to, immediately blocking access to the Services and Software to the offending End User and terminating such End User’s account. If Your account is terminated or locked in such circumstances, the Company is under no obligation to refund You any of the funds (including any deposited funds and/or winnings) or provide You with access to any rewards points or bonuses that may be in Your account, with such funds, rewards points, and bonuses being forfeited, subject to Division approval. In addition to terminating Your access to the Services and/or blocking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Website and any of the Company’s other websites or servers, or accessing any other properties or services offered by the Company.
7.4 You shall not intentionally disconnect from a game while playing on the Website. If, in the Company’s sole discretion, You are in breach of this clause, the Company may terminate Your access to the Services and Software immediately and/or have Your account locked. The Company shall be under no obligation to refund You any monies that may be in Your account, with such funds being forfeited, subject to Division approval. In addition to terminating Your access to the Services, Software and/or locking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing any of the Company’s other websites or servers, or accessing any other properties or services offered by the Company.
7.5 You acknowledge that, if We have reason to suspect that an End User or group of End Users are operating systematically (for example, employing specific wagering techniques or wagering as a group), the Company shall have the right to block or terminate all such End Users accounts and in such circumstances, the Company shall be under no obligation to refund such End User(s) any funds (including any deposited funds and/or winnings) or provide such End User(s) with access to any rewards points or bonuses that may be in such End User accounts, with such funds, rewards points, and bonuses being forfeited, subject to Division approval.
7.6 any person who is prohibited pursuant to N.J.A.C. 13:69G, N.J.S.A. 5:12-119 or N.J.S.A. 5:12-100n, any individual whose participation may undermine the integrity of the wagering or the sports event or for other good cause, including but not limited to: any individual placing a wager as an agent or proxy; any person who is an athlete, coach, referee, a player or a referee personnel member, in or on any sports event overseen by that person’s sports governing body based on publicly available information; a person who holds a position of authority or influence sufficient to exert influence over the participants in a sporting contest, including but not limited to coaches, managers, handlers, athletic trainers, or horse trainers; a person with access to certain types of exclusive information on any sports event overseen by that person’s sports governing body based on publicly available information, or a person identified by any lists provided by the sports governing body to the division and the racing commission.
7.7 Any employee of a sports governing body or its member teams who is not prohibited from wagering on a sports event shall, nevertheless, register with the Division prior to placing a wager on a sports event. The form is available here.
8.1 Your account is for Your sole personal use only and shall not be used for any professional, business, or commercial purpose.
8.2 All transactions where Your username and password have been entered correctly will be regarded as valid whether or not authorized by You. Therefore, it is imperative that You maintain security of Your username and password at all times and not divulge Your username or password to third-parties.
8.3 Monies held in Your account shall not earn interest.
8.4 If You do not access Your account by “logging on” for any period of twelve (12) consecutive months, Your account will be considered a “dormant account”. Pursuant to the Regulations, once an account falls into dormant account status, any funds remaining on deposit and any pending wagers shall be forfeited in accordance with applicable law.
8.5 We reserve the right to limit or refuse any bet, stake, or other wager made by You or through Your account.
8.6 You may not sell or attempt to sell or otherwise transfer any chips, bonuses, or any other related items to any other individual or entity. If the Company finds evidence of such a sale or attempted sale, the Company may terminate or lock Your account. If Your account is terminated or locked in such circumstances, the Company is under no obligation to refund You any or all of the funds (including any deposited funds and/or winnings) or provide You with access to any rewards points, or bonuses that may be in Your account, with such funds, rewards points or bonuses being forfeited, subject to Division approval.
8.7 The Company will make available to You, upon reasonable request, account statements detailing Your account activity.
9.1 You are fully responsible for paying all monies owed to the Company. You will not make or attempt to make any chargebacks, and/or deny or reverse any payment that You have made, and You will reimburse the Company for any chargebacks, denial or reversal of payments You make and any loss suffered by the Company as a consequence thereof. The Company may, in its sole discretion, cease to provide the Services or withhold payment to certain End Users or to End Users paying with certain credit cards. You agree that the Company may collect any monies owed by You to the Company from You, Your account(s) on the Website(s) and from any accounts You make the Company aware of, without any further notice being required.
9.2 The Company reserves the right, in its sole discretion, to use third-party electronic payment processors and/or financial institutions to process payments made by and to You in connection with Your use of the Services. To the extent that they do not conflict with the terms of this Agreement, You agree to be bound by the terms and conditions of such third-party electronic payment processors and/or financial institutions and the terms and conditions of any other third-party service provider who provides third-party services through the Services or the Website.
9.3 In the case of a suspected fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment or dispute or fraud relating to the payment method used, including, but not limited to, Sightline, PayPal, credit card, debit card, charge card, pre-paid card or ACH/e-checks), the Company reserves the right, in its sole discretion, to block an End User’s account, reverse any payout made to the End User, recover any funds paid to the End User’s account by the Company, and recover any losses incurred by the Company as a result of any fraudulent activity by the End User. The Company may inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. Under no circumstances shall the Company be liable for any unauthorized use of credit or debit cards, irrespective of whether or not the credit or debit cards were reported stolen.
9.4 Each individual deposit into Your account must be from a single payment source (including but not limited to, a Sightline, PayPal, credit card, debit card, charge card, pre-paid card or ACH/E-Check) on which You are a named account holder; i.e. multiple payment sources may not be combined to a make a single deposit.
9.5 You authorize Global Payments Gaming Services, Inc. © (“Global Payments”©) or its Service Providers to initiate debit and credit entries to the account at the depository financial institution for which You have provided information (“Global Payments© Services”). All references to “Service Providers” in Sections 9.5 through 9.7 shall refer to Service Providers retained by Global Payments© in its sole discretion to perform some or all of acts described herein and may include, without limitation, Check Services, Inc.© (“Certegy©”). The debit for a transaction can post at Your financial institution within 24 hours from the time You initiate a transaction. You further authorize all transactions to be debited from the same checking account, and such future debits will take place only when initiated by You; a receipt will be provided for each debit You initiate for the account. Your authorization will remain in effect until Global Payments© or its Service Provider has received written notification by You of its termination and up to thirty (30) days has been allowed to process the request. You understand that checks or debits returned unpaid by Your financial institution are subject to a service charge, which also may be debited electronically from Your account or collected using a bank draft drawn from Your account.
9.6 Any dispute arising out of or relating to the Global Payments© Services, regarding Global Payments©, its Service Providers (including but not limited to Certegy©) or any of their affiliates, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in accordance with the United States Arbitration Act. There shall be one arbitrator, named in accordance with such rules. The arbitrator shall decide the dispute in accordance with the substantive law of the State of Florida. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. Any arbitration arising out of the Global Payments© Services shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. No award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
9.7 You expressly authorize Global Payments©, its Service Providers (including but not limited to Certegy©), and their affiliates to contact You, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses You provide are not shared or accessed by others and are not employer-related email addresses.
9.8 When You wish to withdraw money from Your account, payments generally will be made as soon as reasonably possible (subject to up to three (3) to five (5) business days internal processing time). However, if at the time of a withdrawal request, You have any deposits which are pending receipt of confirmation of funds (e.g., deposits by check, ACH, wire transfer or other deposit methods), the Company reserves the right, in its sole discretion, to delay any withdrawal payment until such deposited funds have been confirmed by Your banking institution. Additionally, You may experience additional delays due to any security review undertaken by Us, or whenever any other provision of this Agreement allows or requires Us to hold a payment. Should You fail to provide the Company with, or fail to verify the authenticity of, any documents requested by the Company relating to Your identification or any deposit or withdrawal method used by You, the Company reserves the right, in its sole discretion, to cancel a withdrawal request. Once a withdrawal has been approved by the Company, the Company is not responsible for any third-party financial clearing process that delays Your payment from being received.
10.1 All promotions, bonuses or special offers are subject to the express terms of any bonus offered on the Website(s) and promotion-specific terms and conditions if applicable, and any bonus credited to Your account must be used in adherence with such terms and conditions. By accepting a promotion, bonus, or special offer available on the Website(s), You consent to the terms and conditions of such promotion, bonus, or special offer and acknowledge that wagers must always be placed with cash balances before bonus balances can be used to wager. We reserve the right to withdraw any promotion, bonus or special offer at any time. Bonus funds and any winnings derived therefrom, which have not been converted to cash, may be forfeited (a) when a new bonus is accepted; (b) upon withdrawal of all or any portion of a cash balance; (c) upon deposit and acceptance of a deposit bonus match; or (d) under other circumstances that may be identified in the separate terms and conditions of a specific bonus program or offer. No promotion, bonus, or special offer will be accepted or honored by the Company following the expiration date of the promotion, bonus, or special offer, unless the Company in its sole discretion chooses to do so for any particular customer, promotion, bonus, or special offer. Expiration dates will be set forth in the specific rules or terms and conditions of the particular promotion, bonus, or special offer. Furthermore, the Company reserves the right, in its sole discretion, to change or modify any policy with respect to the earning or expiration of loyalty points and bonuses. Without limiting the generality of the foregoing sentence, loyalty points will expire after a three (3) month period of inactivity (which shall mean that You have not earned at least one loyalty point in a three (3) month period) and bonuses will expire in accordance with the specific terms of each bonus issued, or, in the absence of a specific expiration date, after a (3) three month period of inactivity.
10.2 The Company may, at its sole discretion, limit, deny, withhold, or withdraw from any End User any bonus or promotion, or rescind any policy with respect to that End User, either temporarily or permanently, or terminate that End User’s access to the Services, Software and/or lock or terminate that End User’s account for any reason whatsoever, including, but not limited to improper use, abuse or attempt to improperly use or abuse a bonus, promotion, Company policy, the Services, the Website(s), or the Software or breaches or attempts to breach the terms of this Agreement.
10.3 You may only open one (1) account on each specific Website operated by the Company. The opening of multiple accounts on a Website or on any other Website owned and/or operated by the Company, whether in bad faith for the purpose of accumulating bonuses, promotions, or special offers or otherwise, shall be considered abusive behavior.
10.4 In the event that the Company deems in its sole discretion that You have been taking unfair advantage of the Company’s bonuses or have executed any other act in bad faith in relation to a bonus promotion offered on the Website(s) or on any other sites owned and/or operated by the Company, the Company shall have the right to lock or terminate Your accounts with the Company, and in such circumstances, the Company shall be under no obligation to refund You any bonus funds or winnings that may be in Your accounts according to the Regulations and subject to Division approval. Without limiting the generality of the foregoing and by way of example and not limitation, the Company may deem activities such as minimal risk wagering (for example, placing opposing bets, such as both red and black, on the same spin in roulette) to be taking advantage of the Company’s bonuses or an act in bad faith in relation to a bonus promotion, thus enabling the Company to exercise its remedies under the terms of this Paragraph. Similarly, and again without limiting the generality of the foregoing and by way of example and not limitation, the Company may deem activity such as using multiple accounts, closing and reopening accounts, irregular betting patterns, or other activity that violates the intent of a promotion to be bonus abuse, enabling the Company to exercise its remedies under the terms of this Paragraph.
11.1 The Company reserves the right, but assumes no obligation, to check whether anyone is using the Services, the Website(s), or the Software in accordance with this Agreement.
11.2 The Company may investigate or pursue complaints made by a player against any other End User using the Website(s) or Services and may take any action in connection therewith, or take any action against an End User for any reason, including without limitation for violating this Agreement. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behavior or otherwise violating the terms of this Agreement, but is under no obligation to do so.
11.3 The Company shall not be liable if You misplace, forget, or lose Your username or password because of anything other than the Company’s error. If You misplace, forget, or lose your username or password, You may be able to retrieve or reset this information via the applicable Website.
12.1 All claims against or disputes involving the Company, including, but not limited to, those related to this Agreement, the Website(s), the Terms of Service, the Software, the Privacy Policy or the Services (“Disputes”) should be raised with the Company’s customer service department in a timely manner to allow the Company to promptly respond to the End User at the following phone numbers or email addresses:
12.1.1 (844) 990-GAME (4263) or mailto:[email protected] for the www.resortscasino.com Website.
12.1.2 1-800-407-9167 or [email protected] for the www.mohegansuncasino.com Website
12.2 You accept and agree that a random number generator will determine the randomly generated events required in connection with the Services and where the result shown on the Software (as installed and operated by Your hardware) conflicts with the result shown on our server, the result shown on our server shall in all circumstances take precedence.
12.3 You understand and agree that, without prejudice to Your other rights and remedies, the Company records shall be the final authority in determining the terms of Your use of the Services, the Website(s), and the Software, and You shall have no right to dispute the Company’s decisions in regard to such matters.
12.4 You acknowledge that the Division has exclusive control over the conduct of real-money Internet-based and/or mobile application-based interactive gaming services in New Jersey and primary jurisdiction over interpretation of the Act and Regulations. See N.J.S.A 5:12-133.In the event that You have exhausted all reasonable means in resolving a complaint which You may have in relation to the Services, the Website(s), or the Software, You may utilize the Division’s Internet Dispute Form which may be found on the Division website: http://www.nj.gov/oag/ge/inquiriespatroncomplaints.html.
12.5 YOU ACKNOWLEDGE THAT A FINDING BY THE DIVISION SHALL BE YOUR LAST AND FINAL MEANS OF RESOLVING A COMPLAINT OR CLAIM AGAINST THE COMPANY AND SPECIFICALLY WAIVE ANY RIGHTS TO FILE SUIT AGAINST THE COMPANY IN ANY STATE OR FEDERAL COURT. WITHOUT LIMITING THE FOREGOING. IN THE EVENT A COURT OF COMPETENT JURISDICTION RULES THAT YOUR WAIVER OF YOUR RIGHT TO FILE SUIT AGAINST THE COMPANY CONTAINED IN THE PREVIOUS SENTENCE IS NOT ENFORCEABLE, YOU AGREE TO BE BOUND BY THE PROVISION OF SECTION 21 (GOVERNING LAW, ARBITRATION PROVISION, CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL).
12.6 Nothing contained herein shall be construed to limit the Company’s right to:
12.6.1 prosecute You for any crimes or disorderly persons offenses committed by You in connection with your use of the Services, the Software or the Website(s); or
12.6.2 sue You in a civil action for damages or injunctive relief in connection with any fraudulent activity or Your breach of the terms of this Agreement, including, but not limited to collection of any funds You owe the Company for any reason, including, but not limited to overpayment of winnings, bank fees and service charges due in connection with any payment method used by You or insufficient funds available in your bank account; any harm or injury You have caused to the Company, or its respective licensors or service providers; violation of the Company’s IP rights under Section 5; or to enforce Your indemnification obligations under Section 15.1.
13.1 THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS”. THE COMPANY DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICES, THE WEBSITE, OR THE SOFTWARE OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE SOFTWARE, THE WEBSITE, AND THE SERVICES LIES WITH YOU.
13.2 THE COMPANY MAKES NO WARRANTY THAT THE SOFTWARE, THE WEBSITE, OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT WEBSITE AND THE SOFTWARE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS, OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES OR THE WEBSITE.
13.3 A MALFUNCTION VOIDS ALL PAYS. IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICES OR RESULTING IN LOSS OF DATA OR WINNINGS OR BONUSES OR ANYTHING ANALOGOUS THERETO BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE EQUIPMENT OR SOFTWARE, THE COMPANY SHALL NOT IN ANY WAY BE LIABLE TO YOU AND THE COMPANY SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS IN RELATION THERETO AND MAY TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS. THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
13.4 THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, TELECOMMUNICATIONS PROVIDER, OR OTHER THIRD-PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE WEBSITE.
14.1 You acknowledge and agree that You are free to choose whether to use the Services, the Website(s), and the Software, and do so at Your sole option, sole discretion, and risk.
14.2 Neither the Company nor its “Affiliates” defined as its respective affiliated companies, any members, management companies, officers, employees, partners, directors, agents, subsidiaries or related parties of the Company and its respective affiliated companies, or any third-party service provider(s) or their respective third-party licensors shall be liable to You or any third-party in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with Your use or any third-party’s use of the Software, the Website(s), or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other indirect, consequential, incidental or special damages (even where We have been notified by You of the possibility of such loss or damage).
14.3 Neither the Company nor its respective Affiliates or their respective third-party licensors shall be liable in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with Your use of any link contained on the Website(s) or otherwise via the Services. The Company and its respective Affiliates and third-party licensors are not responsible for the content contained on any Internet site linked to or from the Website(s) or otherwise via the Services.
14.4 The Company, its respective Affiliates, and their respective third-party service providers and licensors shall not be liable to You or any third-party for any modification to, suspension of or discontinuance of the Software, the Website(s), or the Services.
14.5 In the event that the Software, the Website(s), or Services fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person’s misuse of the Website(s), Services, or their respective content, or any error or omission in content, natural disasters, fire, flood, civil commotion, acts of a government, breakdown of power supplies, cyberattacks, labor disputes or any other factors beyond our control: (a) the Company and its respective Affiliates, and their respective third-party licensors will not be responsible for any loss, including loss of winnings and any indirect, consequential, incidental or special damages, that may result from the circumstances detailed in the paragraph above; and (b) if any such errors result in an increase in winnings owed or paid to You, You shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error, and shall repay any winnings credited to Your account in error to the Company (as directed by the Company) or the Company may, in its sole discretion, deduct an amount equal to those winnings from Your account, set off such amount against any money owed to You by the Company, or take other action to collect any money owed, as permitted under New Jersey law, including, but not limited to, the Act and Regulations, or otherwise by the Division.
14.6 You agree that, in the event of any dispute, the total liability of the Company for all claims of any kind arising out of this Agreement or your use of the Services and the Website(s), whether in contract, tort or otherwise, shall be limited to any winnings to which You may be entitled and any positive balance in Your account(s).
15.1 You shall fully indemnify, defend and hold the Company and its respective Affiliates, third-party service providers and licensors and their respective officers, directors, members, and employees harmless immediately on demand from and against all claims, demands, liabilities, damages, losses, costs, and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
15.1.1 any breach of this Agreement by You;
15.1.2 any violation by You of any law or the rights of any third-party;
15.1.3 any use by You of the Services, Website(s) or Software or use by any other person accessing the Services, Website(s) or Software using Your username, password, or any other personal information, whether or not with Your authorization; or
15.1.4 acceptance of any winnings You are not otherwise legally authorized to receive, whether by the Company’s or any of its third-party service provider’s error or omission.
15.2 In addition to any other remedy available to the Company, if You breach any of the terms and conditions of this Agreement or the Company has reasonable grounds for suspecting that You have breached the terms and conditions of this Agreement Your winnings may be confiscated in the sole discretion of the Company, and the Company may retain any positive balance then existing in Your account on account of any damages or other amounts owed by You to the Company pending investigation and/or the conclusion of any legal proceedings, to the extent permitted under Section 12.5 (Dispute Resolution). Failure to comply with any of the terms and conditions of this Agreement may also result in disqualification, account termination, and/or legal action being taken against You.
15.3 To the extent the Company suspends or closes Your account or otherwise terminates your access to the Services on any of the Websites for any reason whatsoever, the Company reserves the right to take the same action with respect to any other Websites operated by the Company.
16.1 This Agreement shall be in full force and effect immediately upon Your completion of the registration process, and shall continue in full force and effect unless and until terminated in accordance with its terms.
16.2 We may terminate this Agreement and Your account (including Your username and password) immediately and without notice:
16.2.1 in the event that the Company decides, for any reason, to discontinue to provide the Services, the Software, or the Website(s) in general or specifically to You;
16.2.2 in the event the Company believes You have breached any of the terms of this Agreement;
16.2.3 in the event Your use of the Services, the Website(s), or the Software has been in any way improper, abusive or breaches this Agreement;
16.2.4 in the event Your account is associated in any way with any existing account that has been terminated, or if Your account is associated with, or related to, existing locked accounts, We may terminate Your account, irrespective of the nature of this relationship, and the registration details provided on said accounts;
16.2.5 upon instruction of the appropriate law enforcement agency or regulatory body; or
16.2.6 for any other reason the Company may determine in its sole discretion.
16.3 Unless otherwise provided herein, or as may be required by law or regulation, upon termination of this Agreement, any positive balance in Your account to which You are entitled will be returned to You within a reasonable time of Your request, subject to the Company’s right to deduct or offset any amounts owed by You to the Company.
16.4 You may terminate this Agreement and Your account (including Your username and password) at any time by sending an email to the Company at [email protected] for accounts on the www.resortscasino.com Website or [email protected] for accounts on the www.mohegansuncasino.com Website. Such termination is to take effect upon the Company terminating Your account (including username and password), which will normally occur within three (3) calendar days after receipt by the Company of Your email, provided that You shall remain responsible for any activity on Your account after sending the email requesting termination of Your account by the Company.
16.5 On termination of this Agreement, You shall:
16.5.1 discontinue the use of the Software and the Services;
16.5.2 pay all amounts due and owing to the Company; and
16.5.3 remove and permanently delete the Software (including any third party software downloaded in connection with Your use of the Website(s) or Services) from Your computer equipment and/or mobile device and destroy all related documentation in Your possession, custody, power, or control.
16.6 The clause providing the right to terminate this Agreement by either party shall not prejudice any right or remedy of either party in respect of the breach (if any) resulting in termination or any other breach which occurred prior to the date of termination.
16.7 Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations that have accrued prior to termination, neither party shall have any further obligation to the other party under this Agreement.
16.8 In addition to terminating Your access to the Services and/or locking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Website(s) and any of the Company’s other websites or servers, and You shall have no claims against the Company in such regard.
16.9 If You have chosen to close Your account – for example, if You have set Responsible Gaming Limits on one of the Websites operated by the Company, it is Your obligation to abide by this restriction for the duration of the period of limitation. If You open new accounts on other Websites operated by the Company, while under a period of suspension or cooling off, the Company reserves the right, but does not assume the obligation, to close all accounts as soon as detected.
16.10 If You have previously suspended Your account or limited Your access to the Services on one of the Company’s Websites under our Self Imposed Responsible Gaming Limits (See the Responsible Gaming Page for ResortsCasino.com at: https://www.resortscasino.com/signup/player-protection/ and the Responsible Gaming Page for MoheganSunCasino.com at: https://www.mohegansuncasino.com/signup/player-protection/.), it is Your responsibility to refrain from opening a new account on other Websites operated by the Company and to place similar limits on accounts You may have previously opened on other Websites operated by the Company during the period of such limitations. While not assuming any obligation to do so, the Company reserves the right to apply Responsible Gaming Limits You have imposed on one of the Company’s Websites to other Websites operated by the Company. Neither the Company or any of its respective Affiliates, third-party service providers and licensors and their respective officers, directors, members, and employees shall be obligated to refund You any funds You may have wagered or won through such account. The Company has no responsibility to determine if You have implemented Responsible Gaming Limits on any other New Jersey Internet gaming site(s) which limitations have no impact on the Company Website(s), unless You are on the Division’s Self-Exclusion List.
17.1 If any part of this Agreement is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreement, which shall remain valid and enforceable according to its terms.
17.2 No waiver by Us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
17.3 Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third-parties.
17.4 Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between You and the Company or any of its respective Affiliates or third-party service providers and licensors.
17.5 This Agreement contains the entire agreement between the Company and You, relating to Your use of the Software, the Website(s), and the Services and supersedes any and all prior agreements between the Company and You in relation to the same. You confirm that, in agreeing to accept this Agreement, You have not relied on any representations other than as specifically set forth in this Agreement.
17.6 The Company reserves the right, in its sole discretion, to transfer, assign, sub-license or pledge this Agreement, in whole or in part, in the event of a reorganization of the corporate or business group in which the Company exists or in the event of a merger, sale of assets, or other similar corporate transaction in which the Company may be involved in.
17.7 As the End User, You agree not to transfer, assign, sub-license or pledge in any manner whatsoever any of Your rights or obligations under this Agreement. You acknowledge that the Company is a beneficiary of the Agreement contained in this Section.
17.8 Nothing in this Agreement shall be construed so as to grant You any security interest whatsoever over the assets of the Company, including for the avoidance of doubt, on any amounts standing to the credit of Your account.
17.9 Pursuant to state and/or federal law and regulations, You may be required to complete certain tax forms before winnings that exceed a taxable threshold can be released to You. By using the Services, You agree to comply in full with all applicable tax laws, and hereby release the Company from any liability associated with Your compliance therewith.
17.10 Paragraph headings in this Agreement are inserted for convenience of reference only, shall not be deemed to be a part of the Agreement, and shall not define or affect the meaning, construction, or scope of any of the provisions of this Agreement.
Notwithstanding anything contained herein, the Services are provided in accordance with, and subject to the provisions of, the Act and Regulations and the Internal Controls developed by the Company for the operation of the Website(s).
19.1 As part of Your use of the Services, the Company may provide You with a chat feature through which You will be able to communicate with other End Users of the Service. The Company reserves the right, in its sole discretion, to monitor or review chat communications and to keep records of all statements made through such feature. Your use of the chat feature is subject to the following rules:
19.1.1 You shall not make any statements that are sexually explicit or offensive, including expressions of bigotry, racism, hatred, or profanity;
19.1.2 You shall not make statements that are abusive, knowingly untrue, defamatory, harassing or insulting to other End Users of the Service;
19.1.3 You shall not make statements that advertise, promote, reference, compare, or otherwise relate to any other commercial entities or third party services;
19.1.4 You shall not make statements about End Users, the Company and/or its respective Affiliates, third-party licensors, or third-party service providers, or the Website(s) or any other Internet site connected to the Company and/or its respective Affiliates, third-party licensors, or third-party service providers that are untrue and/or malicious and/or damaging to the Company and/or its respective Affiliates, third-party licensors, or third-party service providers, the Website(s), or any other Internet site affiliated with the Company and/or its respective Affiliates, third-party licensors, or third-party service providers;
19.1.5 You shall not make statements regarding means and methods of violating the terms of this Agreement, including, but not limited to cheating techniques or soliciting others to engage in cheating;
19.1.6 while the Company is aware that English is not the first language of some of the End Users, this is the only language used and usable in the Service’s chat feature; and
19.1.7 in the event of Your breaching any of the above provisions relating to the chat feature, the Company shall have the right to remove Your chat privilege or even temporarily or permanently terminate or lock Your account.
19.2 Please note that, when using the chat feature, any personally identifiable information that You submit, can be read, collected, or used by other End Users of the same chat feature and could be used by third parties to send You unsolicited messages. The Company is not and shall not be responsible for the personally identifiable information that You choose to submit via the chat feature.
20.1 For service quality assurance, calls made by You to the Company’s customer service department may be recorded.
20.2 You hereby expressly consent (“opt-in”) to the Company using the contact details provided by You on registration (or attempted registration), including, but not limited to, phone numbers, residence address and email addresses, to occasionally contact You directly via autodialer, pre-recorded message, mobile or text message or any other method via Your email address or phone numbers in relation to Your use of the Services and/or any other promotions and/or marketing or advertising of products or services offered by the Company and its respective Affiliates or third-party service providers or licensors from time to time. Consent to be contacted is not a condition of the use of the Services.
20.3 The Company will not tolerate any abusive behavior exhibited by End Users of the Services to the Company’s or its service provider’s employees. In the event that the Company, in its sole discretion, deems that Your behavior, via telephone, live chat, email, or otherwise, has been abusive or derogatory towards any of the Company’s or its Affiliate’s or third-party service provider’s employees, the Company shall have the right to block or terminate Your account with the Company.
20.4 The Company, its respective Affiliates, and third-party service providers and licensors may, from time to time, offer You special promotions, offers, and alerts via automated means, including but not limited to, through the use of autodialers and/or pre-recorded messages. These promotions may be communicated to You by various means, including, but not limited to: (i) email; (ii) telephone; (iii) SMS text message; (iv) live chat; and (v) additional windows opening from within the Software. You hereby expressly consent to the Company using such automated means to contact you at the contact details provided by You on registration (or attempted registration). Message and data rates may apply.
20.5 You may opt-out of various types of marketing communications from the Company through email, contact forms, or other online avenues, prospectively retained by Us or used by Us for secondary purposes, or by contacting Us at [email protected] with respect to the www.ResortsCasino.com© Website and [email protected] with respect to the www.Mohegansuncasino.com© Website. . Should You choose to opt-out from communications, the Company shall respect Your wishes in such regard.
20.6 In the event that You change or deactivate a telephone number provided to Us on registration (or attempted registration), it is your responsibility to notify ResortsCasino.com Customer Service to have your number removed.
21.1 This Agreement and the relationship between the parties, and any Disputes or controversies arising on the subject of the Website(s), Software or Services shall be governed by, and interpreted in accordance with, the laws of the State of New Jersey.
21.2 In the event a court of competent jurisdiction rules that your waiver of your right to file suit against the Company under Section 12.5 (Dispute Resolution) is not enforceable, YOU HEREBY CONSENT TO RESOLVE ANY AND ALL DISPUTES, FULLY AND FINALLY, BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. The arbitration will be conducted in the English language in accordance with the United States Arbitration Act. There shall be one arbitrator, named in accordance with such rules. The arbitrator shall decide the dispute in accordance with the substantive law of the State of New Jersey. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. Any arbitration of a Dispute shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. No award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
21.3 Without limiting Your consent to arbitration in Section 21.1, in the event a court of competent jurisdiction rules that your consent to resolve all Disputes through arbitration is not enforceable, You hereby consent to the exclusive jurisdiction of the courts in the State of New Jersey to resolve any Disputes. YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO REQUEST A TRIAL BY JURY IN ANY LITIGATION WITH RESPECT TO ANY DISPUTES OR ASPECT OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH INDEPENDENT COUNSEL WITH RESPECT TO THIS WAIVER.
This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
23.1 The following provisions apply in the case of End User disconnection from the network server during game play:
23.1.1 in the case where no End User input is required to complete the game, the game shall produce the final outcome as determined by the random number generator and, upon reconnection, the game outcome is reflected in the game history table available to the End User;
23.1.2 in the case where End User input is required to complete the game, the game shall not produce the final outcome and, upon the reconnection of the End User to the network, the End User can return to the game state immediately prior to the interruption and complete it; and
23.1.3 in the case where the Location Service has, at the outset of a playing session, verified the End User’s physical presence in the State of New Jersey, but, at a later point in the playing session fails to successfully verify the End User’s continued physical presence in the State of New Jersey, the game in progress at the time of the subsequent failed location verification shall produce its final outcome and then the End User’s playing session shall be terminated.
23.1.4 in the case where after 30 days, if wagers do not get settled as outlined in 23.1.1-23.1.3, the system may cancel the game resulting in a forfeiture of the player’s wager.
PLEASE PRINT AND RETAIN A HARD COPY OF THIS AGREEMENT FOR YOUR RECORDS. THIS AGREEMENT MAY BE AMENDED BY THE COMPANY FROM TIME TO TIME AND THE COMPANY WILL REQUIRE YOU TO ACKNOWLEDGE YOUR ACCEPTANCE OF ANY SUCH AMENDMENT.
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