TROPWORLD CASINO TERMS OF SERVICE
THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT OR JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Acceptance of the Terms. Welcome to the website for TropWorld Casino, provided by TropWorld Games LLC (“TropWorld”, “Us”, “We”, “Our or “Company”). These Terms of Service (“Terms”) govern your use of our website at www.tropworld.com and any related social sites, including but not limited to Facebook (collectively, the “Site”), any mobile applications offered by TropWorld (each an “App”), or any of the services offered on the Site or any App (collectively, the “Service”). BY ACCESSING, DOWNLOADING, OR USING THE SITE OR ANY APP, YOU REPRESENT THAT YOU: (A) YOU HAVE READ, UNDERSTOOD, ACCEPT, AND AGREE TO BE BOUND BY THESE TERMS; AND (B) YOU ARE AT LEAST 21 YEARS OF AGE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR ANY APP.
The Service is provided by TropWorld in conjunction with Ruby Seven Studios, Inc. (“Ruby Seven”), a provider of social gaming platforms and games. The games offered for play on this website are for amusement purposes only. This Website does not offer real money gambling. Your success at the games offered by this Service is in no way indicative of any future success at real money gambling.
TropWorld Casino is a property of Tropicana Entertainment Inc. and is not affiliated with Tropicana Las Vegas. TropWorld Casino is part of a group of companies including Tropicana Entertainment, Inc, Tropicana Atlantic City, Tropicana Laughlin, Tropicana Evansville, Tropicana Aruba, Trop Casino Greenville, The Belle of Baton Rouge, Montbleu, Lumiere Place, which together with any companies subsequently acquired or managed by Tropicana Entertainment Inc, or its subsidiaries or affiliates will be referred to in these Terms of Service as the "TropWorld Casino Group".
We have the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
- change or terminate all or any part of our Service;
- restrict or terminate your access to all or any part of our Service; or
- refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.
If at any time you do not agree to any portion of the Terms, your permission to use the Service shall immediately terminate and you must immediately stop using the Service.
The Terms consist of the terms and conditions on this page, as well as the terms included in the following additional policies which are hereby incorporated into these Terms by reference. Capitalized words and terms that are used, but not defined, in this document or in a particular policy may be defined elsewhere in the Terms. Please read these Terms (including the additional policies) carefully, as they govern your use of the Service.
- App EULA. Software applications for mobile devices, unless provided under a different license agreement, are also subject to the TropWorld App EULA.
- Guidelines. Your use of the Service is also governed by any additional policies and guidelines that may be posted from time to time through the Service.
Modifications. We reserve the right to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms on or within the Service. You are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of any and all revised Terms. In the event that a change materially alters your rights or obligations hereunder, we will notify you of the change, such as by email to the address on record, or a notification to you the next time you log on to the Service, and such changes will be effective upon the earlier of (a) your use of the Service with actual knowledge of the change, and (b) thirty (30) days following our posting of the change through the Service, and further provided that disputes arising hereunder will be resolved in accordance with the Terms in effect at the time the dispute arose. You agree that we may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
SPECIAL TERMS PROVIDING EXPRESS CONSENT TO RECEIVE CALLS AND TEXT MESSAGES
By agreeing to these Terms of Service, you expressly consent to the following additional conditions regarding being contacted via email or text message:
- You warrant and represent to TropWorld and the TropWorld Casino Group that you are either the account owner of any mobile or residential phone numbers you provide to us , or you have the express permission of the account holder to provide such numbers (“Provided Numbers”).
- You expressly consent that TropWorld and/or the TropWorld Casino Group may call any Provided Number or text any Provided Number with account, marketing and advertising messages made using an automatic telephone dialing system or an artificial or prerecorded voice to any mobile or residential phone numbers you provide to TropWorld Casino or the TropWorld Casino Group or to any of their agents.
- You also understand that consent to receive calls and text messages is not a requirement for your use of this Website. You may revoke your consent at any time
You may also link your Account with certain third party sites, including, but not limited to, Facebook through which you connect to the Service or have an account with the applications provider for your mobile device (each an “SNS”). By accessing the Service through an SNS, you authorize us to access and use any and all information that you have configured such SNS to make available to third party service providers in connection with providing the Service, and to post notifications to your account on the SNS regarding your use of the Service. PLEASE NOTE THAT YOUR RELATIONSHIP WITH AN SNS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
Requirements for use of the Service. You agree to the following requirements for use of the Service:
- You shall not create an Account or access the Service if you are under the age of 21;
- You shall monitor your Account to restrict use by minors, and you will deny access to individuals under the age of 21. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by any individual under the age of majority in the state in which he or she resides;
- You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
- You shall not create an Account or use the Service if you are a convicted sex offender;
- You shall not have an Account or use the Service if you have previously been removed by us or previously been banned from playing any TropWorld game;
- You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
- You shall use your Account only for non-commercial purposes;
- You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
- You shall not use your Account to engage in any illegal conduct;
- You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items (defined below) associated with your Account to anyone without our written permission;
- You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without our permission; and
- If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms.
Account and Password Security. During the process of creating an account to access the Service, you may be required to select a password or to allow us to access your Account from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service are accessed):
You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. We will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions;
In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us and modify your Login Information;
You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates the Terms or is otherwise improper or illegal.
You undertake to monitor your Account to restrict use any other person. You accept full responsibility for any use of the Service or your Account by any third party, and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, Paypal) by any individual under the age of majority in his or her state of residence. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
Any personal information you provide to us when creating or updating your account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used at our discretion, including being shared with third-party partnerships for any use which they see fit and is permissible by applicable law. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.
Use of Interactive Areas. The Service may allow you to submit, post or upload videos, images, files, information, postings, tags, comments, messages, and other text (“Content”). The Site also may contain areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas or other message and communications features (“Interactive Areas”). You are entirely responsible for all content that you upload, post, email or otherwise transmit via the Service. You agree to post only messages, comments or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post content or engage in any other activity on the Service that:
- defames, threatens, abuses or otherwise violates the legal rights of others;
- is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
- infringes another's rights to intellectual property, publicity, or privacy;
- collects or stores personal information about other Site users;
- contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);
- contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
- contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another's computer, the Service, or any software, hardware or other related equipment;
- disrupts or otherwise interferes with the Service or the networks or servers used by us;
- impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or
- constitutes illegal activity.
We reserve the right (but not the obligation) to review, edit, or delete any Content you post to this Site and to terminate your access to the Service or to any Interactive Area at any time without notice for any reason whatsoever.
Submissions to Interactive Areas and Licensing of Content. You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others. We recommend that you avoid posting or otherwise disseminating any personally identifiable information in the Interactive Area.
We do not endorse or control the content, messages or information found in any Interactive Area and, therefore, we specifically disclaim any liability with regard to the Interactive Areas and any actions resulting from your participation in them. You acknowledge and agree that we may archive, preserve, store or use any submissions to the Service, including any Content or Metadata you submit, post or upload to the Service, and may also disclose submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with state or federal laws, regulations, or guidelines; (iii) enforce these Terms; (iv) respond to claims that any submission violates the rights of third parties; or (v) protect the rights, property, or personal safety of us, the Service, its users and the public.
You agree that any content published by you through the Service is done so through the use of technology and tools provided by us. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content, and that our use of such content will not infringe the intellectual property rights of any third party, or constitute defamation, slander, or libel, or invade any third party right of privacy or publicity, and that your publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without our explicit prior written permission. You grant us and Ruby Seven the right to act as an agent on your behalf as the owner of the Site and App and the Service’s operator.
By submitting Content to the Interactive Areas, or otherwise to the Service or us or our affiliates (including, without limitation, via email), you agree that such Content and any geographical identification metadata (geotags) or other metadata, attributes, features or characteristics relating to the Content (“Metadata”) is non-confidential for all purposes. If you submit, post or upload any Content to the Service or if you submit any business information, idea, concept or invention to us or the Service, you automatically grant, or warrant that the owner of such Content or intellectual property has expressly granted, us a royalty-free, fully paid-up, perpetual, irrevocable, world-wide, nonexclusive license to use, copy, process, adapt, transmit, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display and sublicense the Content and Metadata relating to the Content in any media or medium, or any form, format, or forum now known or hereafter developed (the “License”). You agree that this License includes the right for us to make such Content available to other companies, including such third-party companies with which we enters into partnership agreements, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to these Terms regarding Content use. If you wish to keep any Content, information, Metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to the Interactive Areas, us or the Service. You agree that in the event we receive any royalties, compensation or other payments associated with exercising the rights granted to it under the License, you shall not claim any right to any portion of such royalties, compensation or other payments. You further agree that we may, in its sole discretion, use any Content for which it has a License in a manner that may link to, refer to or reference your name, such as use of your Content on the Service or an affiliated or partner website.
Subject to your agreement and compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited permission to access and use the Service solely for your own, personal, private, non-commercial entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any permission to use the Service, and must refrain from using the Service.
Requirements for Virtual Currencies and Goods. The Service may include an opportunity to obtain, accumulate, manage, and purchase virtual, in-game currency and other digital and/or virtual assets (together with Chips, the “Virtual Items”) that may require you to pay a fee using real money to obtain the Virtual Items. Virtual Items represent a nontransferable limited right to utilize certain features of the Service, have no monetary value, and can never be transferred or redeemed for real money, goods, or any other item of monetary value from TropWorld or any other party. You understand that you have no right or title in the virtual in-game items, spins or Virtual Items, regardless of the term “win”, “buy”, or “spend” or other terms we may use in relation to the issuance and use of Virtual Items.
Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in our sole discretion. You may not purchase, sell, or exchange Virtual Items outside the Service. Doing so is a violation of the Terms and may result in termination of your Service account and/or legal action taken against you. We retain the right to manage, control, modify and/or eliminate Virtual Items or any other form of virtual currency at its sole discretion. Prices and availability of Virtual Items are subject to change without notice. Virtual Items may only be held by legal residents of countries where access to and use of the Service are permitted. Virtual Items may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. You agree and acknowledge that we may deny or place limitations or restrictions on any purchase, issue, or redemption of Virtual Items, individually or with respect to general volume, at any time and for any reason. We may halt, suspend, discontinue, or reverse any Virtual Items transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service, or the service of any affiliated or related third party. When you purchase Virtual Items, they will reside in your Account until discharged through use of the Service. Virtual Items are lost upon any termination of your right to use the Service. When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and/or other content are final.
You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
TropWorld Rewards. You may obtain Rewards Points as an additional benefit when you purchase virtual goods or at other times at our sole discretion. Rewards Points are not redeemable for cash. We may at our sole discretion make Vouchers for goods and services or discounts available to you in exchange for the redemption of your Rewards Points at an exchange rate determined by us. Vouchers for Goods and Services or Discounts redeemed in exchange for Rewards Points must be used within the valid dates as displayed on the Voucher and in accordance with the Terms and Conditions listed at the url displayed on the Voucher.
Disclaimers; Limits on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS, IN NO EVENT WILL TROPWORLD, RUBY SEVEN OR ANY OTHER THIRD-PARTY PLATFORM PROVIDER PROVIDING SERVICES TO THE SERVICE (COLLECTIVELY, THE “SERVICE PARTIES”) BE LIABLE FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, THEFT, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF REPORTS, LOSS OF CONTENT, BUSINESS INTERRUPTION, MOBILE DEVICE FAILURE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; AND
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR YOUR USE OF THE SERVICE, CONTENT, OR ANY RELATED SERVICES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND INFORMATION AND MATERIAL IN THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SERVICE AND INFORMATION AND MATERIAL IN THE SERVICE, THE SERVICE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SERVICE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SERVICE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE SERVICE PARTIES EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
- THE SERVICE PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (B) THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (D) ANY ERRORS IN THE SERVICE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (E) THE SERVICE AND ITS CONTENTS AND SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY OF THE SERVICE PARTIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- NONE OF THE SERVICE PARTIES MAKE ANY WARRANTIES ABOUT THE SERVICE AND SERVICES AND WILL NOT BE HELD LIABLE FOR ANY HARMS INCURRED BY EITHER.
- EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”.
IF YOU ARE ACCESSING THE SERVICE FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE SERVICE PARTIES , AND THEIR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SERVICE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE SERVICE PARTIES FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF THE SERVICE PARTIES AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
Content. All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the Service may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. We shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to the information on the Service, and to the products, services and packages described on the Service, at any time without notice, including after confirmation of a transaction.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Service. You acknowledge that you may not rely on any content on the Service. We do not endorse or represent the reliability, accuracy or quality of any information, or non-TropWorld goods, services or products displayed or advertised on the Service. We make no representations or warranties, express or implied, with respect to the information provided on this Site.
Third-Party Websites. Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Service are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by us of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because we have no control over third-party websites and resources, you acknowledge and agree that we are not responsible for the information and contents of such third-party websites and do not endorse and are not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
Proprietary Rights. You acknowledge and agree that content contained in the Service or information presented to you through the Service may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. You may not reverse engineer, decompile, or disassemble the Service or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Service owned by TropWorld and Ruby Seven are the copyright of their respective owner. All rights reserved. You agree that all of TropWorld's trademarks, trade names, service marks, logos and service names are trademarks and are property of TropWorld (the “TropWorld Marks”). You agree not to display or use in any manner the TropWorld Marks, without the express prior permission of TropWorld.
No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Indemnification. You agree to indemnify, defend and hold us, our affiliates and ours and their respective directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity, including any claim that a user submission made by you has caused damage to a third party.
Enforcement. We do not assume responsibility to you or others for any failure by us to enforce the provisions contained in the Terms.
Termination. You agree that we, in our sole discretion and with or without notice, may terminate your use of the Service (or any part thereof) for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms, or in the case of any activity by you that may harm our or other users, including, but limited to, fraud, abuse of promotions or privileges, or misuse of the Service or the Service. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Service.
In addition to the foregoing, we may selectively remove, revoke or garnish Benefits associated with your account. “Benefits” mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements, as well as any Benefits from our brand partners to which you may be entitled due to your use of the Service. If your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or Benefits associated with your account or those particular Service.
We, in our sole and absolute discretion, may limit the availability of Benefits to individuals twenty-one (21) years of age and older.
In the event that we terminate your account, you may not participate in any of the Service again without our express permission. We reserve the right to refuse to keep accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose accounts have been terminated by us to use your account.
General Acknowledgments. You acknowledge that we may establish general practices and limits concerning your use of the Service. You agree that we have no responsibility or liability for the failure of the Service and the deletion of other content maintained or transmitted by the Service. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Intellectual Property (IP) Ownership. We and our licensors (including without limitation Ruby Seven) retain all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, 11
international conventions, and other laws protecting intellectual property and related proprietary rights. If you make or provide any suggestion, feedback, idea, or proposal relating to any current or future product or service of ours, including any feature development, enhancement, bug report, or other information (“Feedback”) you agree that such Feedback is provided on a non-confidential basis (regardless of any message to the contrary in any accompanying communication), and you agree that by providing us any Feedback you grant us and its successors and assigns an unlimited, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up right and license (without any obligation) to use such Feedback for any purpose, and to practice any method therein, without payment, attribution, or other compensation to you or any other person.
You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without our explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from us. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.
We and/or our licensors and affiliates (including without limitation Ruby Seven) own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
Notice And Procedure For Copyright Infringement Claim. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), we reserve the right, but not the obligation, to terminate your right to use the Service if we determine in our sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers"”. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, we have implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:
TropWorld Games, LLC
8345 West Sunset Road, Suite 300
Las Vegas, Nevada 89113
Attn: Bessie A. Sacco t
TEI Vice President Legal and Regulatory Affairs l
Phone: (609) 340-4391
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (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 by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
DISPUTE RESOLUTION; CHOICE OF LAW
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
YOU AGREE THAT BY USING THE SERVICE, YOU AND TROPWORLD ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TROPWORLD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
You and TropWorld agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Terms, your use of the Service, or your and TropWorld’s dealings with one another shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. This agreement to arbitrate is intended to be interpreted broadly. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. The arbitration will be conducted by Judicial Arbiter Group, Inc. (“JAG”) using one arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAG arbitrators in accordance with the Arbitration Rules and Procedures of JAG. If JAG is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and TropWorld both agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act. For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and TropWorld must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Las Vegas, Nevada. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. Neither you nor TropWorld will be able to have a court or jury trial or participate in a class action or class arbitration. You and TropWorld each understand and agree that by agreeing to resolve any dispute through individual arbitration, YOU AND TROPWORLD ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate the claims of multiple parties.
You and we agree that all challenges to the validity and applicability of the arbitration provision—i.e. whether a particular claim or dispute is subject to arbitration—shall be determined by the arbitrator. Notwithstanding any provision in these terms to the contrary, if the class-action waiver above is deemed invalid or unenforceable, you agree that you shall not seek to, and waive any right to, arbitrate class or collective claims. If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in Las Vegas, Nevada or the United States District Court located in Las Vegas, Nevada, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these Terms. This arbitration agreement will survive termination of your use of the Service and your relationship with TropWorld. This arbitration agreement involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879.
If you wish to opt-out of the agreement to arbitrate, within 45 days of when you first use the Service or submit through the Service a request for information, you must send TropWorld a letter stating “Request to Opt-Out of Agreement to Arbitrate” at the following address:
TropWorld Games, LLC
8345 West Sunset Road, Suite 300
Las Vegas, Nevada 89113
Attn: Bessie A. Sacco
TEI Vice President Legal and Regulatory Affairs
In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state courts of competent jurisdiction located in Clark County, Nevada or the United States District Court located in Las Vegas, Nevada, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these Terms. These Terms shall be governed by and construed in accordance with the laws of the state of Nevada, without regard to that state’s conflict of laws principles that would result in the application of the laws of a State other than Nevada.
Export Control. By using the Service you acknowledge that you may not download, export, or re-export the Service, or any portion thereof, (a) into, or to a national resident of, any country to which the United States has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country, (b) to anyone on the United States Treasury Department’s list of Specifically Designated Nationals, the U.S. Commerce Department’s Table of Deny Orders, or any other U.S. government list of prohibited or restricted parties. By downloading or using the Service, or any portion hereof, you are representing and warranting that you are not located in, under the control of, or a national resident of any such country or on any such list.
Waiver. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Service must be filed within two (2) years after such claim or cause of action arose or be forever barred.
Headings. The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.
Special Terms for our Apps.
In the event that we provide you with access to an App, the following additional terms will apply:
TropWorld and you acknowledge that this Agreement is concluded between TropWorld and you only, and not with Apple, Inc., or Google, Inc., and TropWorld, not Apple, Inc., or Google, Inc., , is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple, Inc., or Google, Inc., term applies. The license granted to you for App is limited to a non-transferable license to use App on an iOS Product or Android that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service or Google Play. TropWorld is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. TropWorld and you acknowledge that Apple, Inc., or Google, Inc., have no obligation whatsoever to furnish any maintenance and support services with respect to App. TropWorld is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify Apple, Inc., or Google, Inc., , and Apple, Inc., or Google, Inc., will refund the purchase price for App to you; and to the maximum extent permitted by applicable law, Apple, Inc., or Google, Inc., will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be TropWorld’s sole responsibility. TropWorld and you acknowledge that TropWorld, not Apple, Inc., or Google, Inc., , is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (a) product liability claims; (b) any claim that App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. This Agreement does not limit TropWorld’s liability to you beyond what is permitted by applicable law. TropWorld and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, TropWorld, not Apple, Inc., or Google, Inc., , will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. TropWorld and you acknowledge and agree that Apple, Inc., or Google, Inc., , and Apple, Inc., or Google, Inc., ’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple, Inc., or Google, Inc., will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Updated: March 29, 2017