This end user license agreement (this “Agreement”) is a binding agreement between you (the “User” or “you”) and TSG Interactive US Services Limited (“TSG Interactive US”). You should read this Agreement in its entirety prior to your use of any of the Services. As used in this Agreement, “Services” means co.foxbet.com (the “Site”) the FOX Bet mobile applications (the “App”); and the RM Games (defined below), products and services available on or through the Site or App.
BY ACCESSING OR USING ANY OF THE SERVICES IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 21 YEARS OF AGE OR OLDER AND SATISFY THE OTHER ELIGIBILITY CONDITIONS CRITERIA IN SECTION 2 BELOW; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND ANY ADDITIONAL TERMS AND CONDITIONS THAT ARE REFERENCED BELOW OR OTHERWISE MAY APPLY TO SPECIFIC AREAS OF THE SERVICES.
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE ANY OF THE SERVICES AND DELETE THE APP(S) FROM YOUR DEVICE.
We reserve the right to change this Agreement at any time. Such changes will be effective when posted (unless we expressly state a later effective date). Any changes made to this Agreement will only apply prospectively. By continuing to use the Services after we post any such changes, you accept this Agreement as modified.
CCSC/Blackhawk, Inc. d/b/a Lady Luck Casino Black Hawk (“Lady Luck”) is incorporated under the laws of the State of Colorado and is licensed and regulated by the Colorado Limited Gaming Control Commission (the “Commission”) and the Colorado Division of Gaming (the “Division”) under the relevant laws of the State of Colorado for the purposes of operating and offering real-money, online interactive gaming services. Lady Luck has contracted with TSG Interactive US as its licensed Internet sports betting operator for the provision of the Services. In this capacity, TSG Interactive US and such of its affiliated companies which provide services to it (collectively, the “Stars Interactive Group”) are licensed and regulated by the Commission and Division.
The provisions of this Agreement are entirely subject to applicable laws, regulations and the terms of the licenses issued by the Commission to Lady Luck and TSG Interactive US.
References to “Provider”, “we”, “our” or “us” refer collectively to the Stars Interactive Group. References to “Third Party Providers” refer to our third party licensors or service providers of third party intellectual property, content or services used in connection with the Services.
Other Important Terms and Policies
TABLE OF CONTENTS
1. “REAL MONEY” GAMES
Lady Luck, through TSG Interactive US, offers real money games such as fixed-odds sports betting and pool betting (“RM Games”), as applicable, on the Services, on the terms and conditions governing your play on RM Games set out in this Agreement. The RM Games offered to you are owned by TSG Interactive US or are licensed (in whole or in part) to TSG Interactive US from third party owners or licensors.
Eligibility. A gaming account for your use of the RM Games on the Services (a “Gaming Account”) will be opened upon your registration and making your first deposit subject to Provider verifying to our satisfaction your identity and eligibility in accordance with C.R.S. § 44-30-1506-, including, but not limited to, based on the following criteria, and you hereby expressly consent to this verification process:
We reserve the right to suspend or cancel your Gaming Account and exclude you, temporarily or permanently, from using the Services if we are unable to complete our verification checks to our satisfaction or if, after the opening of your Gaming Account, we have reason to believe that you do not fulfill one or more of the eligibility criteria listed above or elsewhere in this Agreement or otherwise required under applicable law for use of the Services (for example, if satisfactory proof of age is not provided or if we suspect that you are underage). We also reserve the right, in our sole discretion, to decline a request for a Gaming Account for any reason, or to impose limits on certain features or materials offered or restrict your access to all or parts of such materials without notice or liability at any time.
Age Requirements. Individuals under 21 years of age are prohibited from using the Services. We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Services. You acknowledge and consent to Provider taking such steps as are necessary in order to verify your identity and your age for the purposes of complying with applicable law. It is a criminal offense in the State of Colorado for any individual under the age of 21 to use the Services, and anyone who attempts to gamble while underage, whether personally or through an agent, or facilitates someone under the age of 21 to gamble has committed a criminal offense and shall be prohibited from interactive/Internet gaming, including access to RM Games.
Location Requirements. All RM Games available to you via the Services occur in Colorado, where the principal servers accessed for purposes of operating the Services are located. The materials displayed on the Services are presented solely for the purpose of promoting products and services available in the State of Colorado. You acknowledge that materials on the Services are not appropriate or available for use in other locations.
Users may only play the RM Games if they are physically present in the State of Colorado. By using the Services, you consent to the collection, storage, processing and transmission of data by the Provider to establish your physical location when accessing the Services. You may withdraw this consent by emailing us at Support. It may take us a few days to process your opt out. In the event you withdraw your consent, you will not be able to access the Services or play the RM Games. There are various federal prohibitions and limitations upon interactive/Internet gaming, specifically those contained in 18 U.S.C.A § 1084 (The Wire Act) and 31 U.S.C.A §§ 5361 through 5367 (Unlawful Internet Gambling Enforcement Act of 2006). You acknowledge and agree that it is a Federal offense for persons physically located outside the State of Colorado to engage in Internet wagering through a Colorado casino, unless explicitly authorized by the Commission and, therefore, it is prohibited for you to attempt to access and play the RM Games if you are not physically present in the State of Colorado. In the event that we detect that you are attempting to engage in Internet wagering through the Services while not being physically present in the State of Colorado, we will block your access to the Services immediately upon such detection regardless of the status of any RM Game play. Provider shall not be liable for any loss incurred by you as a result of any disconnection from the Services as a result of you not being physically located in the State of Colorado.
Key Employees and Prohibited Sports Betting Participants. Key employees are prohibited from wagering in the gaming establishment where employed or in any other gaming establishment owned by their employer in the State of Colorado and Lady Luck’s and TSG Interactive US’s employees, directors, officers, and owners, and their immediate family members, as applicable, shall not be permitted to access the Services or to open a Gaming Account. Additionally, any prohibited sports betting participant as described in C.R.S. §§ 44-30-1502, 44-30-1506 and 1 CCR § 207-2(6.11), including, but not limited to a sports governing body or any of its member teams, athletes, sports agents, coaches, employees, referees, handlers, athletic trainers, team managers, league officials, persons with access to nonpublic information, or the direct or indirect legal or beneficial owner of ten percent or more of a sports governing body or any of its member teams, or any other person identified by a sports governing body to the Division or Commission for purposes of establishing actual or potential conflicts of interest, shall not be permitted to wager on any event governed by the league or sports governing body with which they are affiliated.
3. SECURITY AND YOUR ACCOUNT
Registration Information. To access certain features or areas of the Services, you may be required to provide personal or other information, including, for example, to create a Gaming Account or as part of any other sign-up, registration or log-in process. You must provide full, truthful, accurate, current and complete information in respect of all details and information as required by the applicable sign-up, registration or log-in process. The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information. You agree to update such details in the event of any change thereto in order to enable us to maintain current account information about you (provided that certain key data may not be available for amendment, such as a User’s social security number).
Login Credentials. In addition, certain features of the Services are only available to our registered users and, to access those areas of the Services, you will be required to register and log in using account credentials which may include a username, password, authentication information or other security information that is selected by you or assigned to you (such credentials referred to as the “Login Credentials”). For Login Credentials you select, you are required to select Login Credentials in accordance with the rules presented to you at the time of such selection or any reset of your Login Credentials. You may change your Login credentials and have the option of enabling strong authentication on the Player Protection Page. When you enable strong authentication, upon login, you will be prompted to answer two security questions in addition to being prompted to enter your password. The Player Protection Page (the “PPP”) provides account security tools and information, such as a description of what strong authentication is and how a player may enable it. It also includes responsible gaming information and links to resources as required by the Commission. The PPP describes tools users can employ to limit play and also the process to self-exclude.
Confidentiality of Login Credentials. You agree to keep your Login Credentials secret and confidential at all times and to use every effort to protect their secrecy and confidentiality. You are prohibited from sharing any of your Login Credentials with any other person or otherwise permitting or enabling anyone to access your Gaming Account or to access the Services via your Gaming Account in any manner, including, without limitation, for anyone to use the Services or place wagers on your behalf. To retrieve a forgotten password, you can click on the “Forgot Password” link on the login page. When you click on the link, you will be asked to insert your email address. You will be emailed a link that will direct you to a change password page. Upon changing the password, you will be directly logged in.
Responsibility for Account Activity. You are solely responsible for all activity occurring when the Services are accessed through your account, whether authorized by you or not. Any use of your Login Credentials shall be deemed to be your use hereunder, and any liability arising therefrom shall be your sole responsibility.
One Account Only. A User may only have one Gaming Account with the Services and shall only use the Services using such single Gaming Account. It is prohibited for a User to open multiple accounts with Provider on the Services. In the event that Provider becomes aware of additional accounts opened by a User on the Services, Provider may close any and all accounts without notice and may confiscate funds held in such accounts.
Authority. Provider, the Division, and the Commission retain authority over the issuing, maintenance, and closing of Users’ accounts on the Services and you agree that any dispute related thereto shall be made in accordance with Provider’s procedures and regulations of the Commission and this Agreement.
4. DEPOSITS OR WITHDRAWALS OF FUNDS AND INACTIVE ACCOUNTS
You will not be able to place any bets using the Services in an amount greater than the total amount of money in your Gaming Account.
You are fully responsible for paying all monies owed to Provider. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Services. You will reimburse Provider for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence. In the event of a chargeback, you agree that Provider may provide any Third Party Provider with information relating to you necessary to resolve the chargeback.
Provider reserves the right to run credit and/or identity checks on a User with third party credit reference agencies or services using the information provided to us by a User on registration with the Services or any time thereafter. The third party credit reference agencies or services may retain a record of such information.
Provider reserves the right 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.
Please note that monies held in your Gaming Account do not accrue interest.
User may request an account statement from Provider that details player account activity, including but not limited to deposits, withdrawals and wagering history.
Withdrawals by User from their Gaming Account will be available to the User within 72 hours. Provider may decline to honor a patron request to withdraw funds if Provider has reason to believe that the patron engaged in either fraudulent conduct or other conduct that would put the Provider in violation of the law. In such cases, Provider shall provide notice to the User of the nature of the investigation of the account and conduct its investigation in a reasonable and expedient fashion.
You acknowledge and agree that, if your Gaming Account is “active” (i.e. you have logged into your Gaming Account at any time during the prior consecutive three (3) year period), monies deposited by you in your Gaming Account are held in a trust account on your behalf and are considered to be User’s deposits. In the event that your Gaming Account is “inactive” (i.e. you have not logged into your Gaming Account for a consecutive three (3) year period), Provider will be entitled to deactivate your Gaming Account, and you will forfeit the entire outstanding balance and any pending wagers and such balance, once forfeited, will not be returned. Subject to the terms and conditions of this Agreement (including your compliance herewith), you will be entitled to re-activate your Gaming Account by contacting our customer service team at firstname.lastname@example.org and authenticating yourself as the owner of that Gaming Account to the satisfaction of Provider; however, any balance previously forfeited will not be returned. You further acknowledge and agree that an amount equivalent to the monies deposited by you in your active Gaming Account are held by Provider separately, together with monies equivalent to other active Gaming Accounts, in a United States bank account in Provider’s name independent from all other operating accounts of Provider.
You have provided true and accurate information concerning your physical address and identity, including nationality.
You are not currently on any list of persons that would prohibit The Stars Interactive Group from engaging in business or other dealings, or otherwise offering the Services to you.
You are not prohibited due to your geographic location or otherwise from receiving funds from The Stars Interactive Group.
If you are identified as such a person as detailed in Section 4.10 or 4.11, The Stars Interactive Group may immediately terminate your Gaming Account and all access to any of the Services.
Our game systems shall operate in accordance with the Colorado Limited Gaming Control Act, as amended by HB 19-1327, effective May 1, 2020, and the regulations promulgated thereunder, including but not limited to, the treatment of user disconnection from the service. A malfunction in the game systems and the Services shall void all transactions. Please review our Services policies for a full description of the disconnections and cancelled wagers policy, some of which are described below in this Section 5.
Disconnect Policy. If you are disconnected from the Services before committing a bet, there will be no effect on your Gaming Account. If you are disconnected from the Services after you have committed a bet the RM Game will produce the final outcome on the Services and the outcome will be reflected in your Gaming Account. Upon the successful completion of a betting transaction, the User shall receive an unalterable virtual wager record or sports betting ticket containing the date and time the wager was placed. Wagers shall be voided or cancelled only in accordance with Provider’s policies, including but not limited to, Provider’s policies regarding, a cancelled event or market, wagers placed by prohibited sports betting participants, and the cancellation of wagers, in Provider’s discretion, for “obvious error”, as that term is defined in the Services policies. Once a wager is accepted by Provider and User, wager records and tickets will not be altered or voided except at the discretion of Provider in accordance with the Services policies or with the approval of both Provider and User.
6. ACCOUNT WITHDRAWAL POLICY
The policy and criteria for a User to effect a withdrawal from his/her Gaming Account can be found in our Withdrawal Policy. Provider reserves the right to establish and apply additional eligibility criteria to determine the withdrawal options Users may be offered at any given time. The estimated time period for a User to withdraw funds from his/her Gaming Account is 72 hours.
7. RESPONSIBLE GAMING
The policies and procedures for a User to effect a period of self-exclusion are set out on Provider’s Responsible Gaming page of the Services.
You are able to set daily limits for your use of the Services and to suspend your Gaming Account or effect a period of self-exclusion from the Services. The policies and procedures for a User to do any of the foregoing are set out on the Responsible Gaming page of the Services. Such policies and procedures are incorporated herein by reference. You are able to suspend your Gaming Account for a period no less than 72 hours.
We are proud to introduce a number of features that all players in the State of Colorado can avail of to help better manage their time, funds and general experience. These are: (1) Self-Imposed Deposit Limits; (2) Self-Imposed Session Time Limits; and (3) Self-Imposed Spend Limits.
We believe that you should be allowed to manage your own budget for playing online. We allow you to restrict your own daily, weekly and monthly real money deposit limits. Once set, you will not be allowed to deposit over the set period limit and increases to any limit will only be applied after the existing period limit has expired; either a week for daily and weekly limits or a month for monthly limits. You can set your limits under the Restrict Deposit Limit under the Responsible Gaming page.
Managing your bankroll is one of the most important aspects of online gaming. Using our Spend Limits feature, you can choose how much of your balance and funds you use on a daily, weekly or monthly basis. The limits you select are cumulative, so all wagers you place throughout the period will count toward your limit. Once set, requests to increase any limit will only be applied after the existing period limit has expired. You can set your limits under the Restrict Spend Limit under the Responsible Gaming page.
You can also limit the time spent per day playing, from 1 hour to 8 hours. You can set your limits under the Restrict Playing Time under the Responsible Gaming page. Once exhausted, you will no longer be able to participate in gaming until the time limit is set at midnight EST.
If you or someone you know has a gambling problem and wants help, call 1-800-522-4700 or visit one of the following web sites.
You may receive a copy of a report detailing your game and account history and the activities in your Gaming Account by accessing this on the Services by following the instructions specified on the Responsible Gaming page. If you have questions, please email email@example.com.
8. INTELLECTUAL PROPERTY / GRANT OF LICENSE
Ownership. The Services and their entire contents, features and functionality (including but not limited to all information, software, domain names, trademarks, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Content”) are owned by us, our licensors or other providers of such Content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Trademarks. Without limitation of the foregoing, the term “FOX Bet”, the domain name co.foxbet.com, and any other trademarks, logos, service marks, signs, trade names and/or domain names displayed on the Services from time to time as well as the trade marks, logos, service marks, signs, trade names and domain names of Lady Luck (the “Trademarks”) are owned by us or our licensors. Under no circumstances may you use the Trademarks without the prior written consent of TSG Interactive US or, if applicable, its licensor.
Limited License. Subject to the terms and conditions of this Agreement, TSG Interactive US grants the User a limited, non-exclusive, personal, non-assignable, non-transferable, revocable right and license to access and use the Services and, if applicable, download and install the App(s), in each case, on your computer, tablet, smartphone, PDA, cell phone or other device that you own or control (your “Device”) for your own personal, non-commercial use (and not for any commercial purposes). You also must comply with this Agreement (including the Prohibited Uses and Activities section below) and all applicable laws, regulations and contractual obligations when you access and use the Services.
No Implied License; Reservation of Rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in any aspect of the Services or Content under this Agreement, or any other rights thereto other than to use the Services in accordance with the limited license expressly granted to you, and subject to all terms, conditions, and restrictions, under this Agreement. Except for that limited license, (a) no other license is granted to you, by estoppel, implication or otherwise, under this Agreement, and (b) the Stars Interactive Group and its licensors expressly reserve, and shall retain, any and all of their rights in and to the Services and Content.
User Contributions. The Services may contain interactive features including message or chat features, comment functionality, user profiles or other forums (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users, to Provider or to other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.
Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them in accordance with the license below, and you waive and release us and our affiliates and licensees from claims that we have used your ideas without your permission.
If you post any User Contributions on or through the Services or otherwise submit any ideas to us, you grant us and our affiliates a royalty-free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such User Contributions and ideas, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent and warrant to us that (a) any User Contributions posted by you on or through the Services, or ideas you submit to us, are original to you and do not infringe the intellectual property, privacy or other rights of any person or entity, and (b) you have the right to grant us these rights.
9. PROHIBITED USES AND ACTIVITIES
Prohibited Uses and Activities. You agree that you will not:
You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you or anyone using your account of any activity prohibited under this Agreement. You shall notify TSG Interactive US immediately upon becoming aware of the commission by any person of any activity that is prohibited under this Agreement and shall provide TSG Interactive US with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
No Commercial Use. The Services are intended solely for the User’s personal use. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her Gaming Account with Provider for any purpose other than for using the Services for personal entertainment in accordance with this Agreement.
Prohibited User Contributions. To the extent you post any User Contribution, you must comply with Provider’s policies and agree not to post anything that:
External Player Assistance Programs. Provider prohibits external player assistance tools (“EPA Tools”) that are designed to provide an “unfair advantage” to players. Provider defines EPA Tools to include computer software (other than the software we provide as part of the Services), and non-software-based systems (e.g., web sites, and subscription services and physical material). Provider takes a broad view of what constitutes an “unfair advantage” in the context of any use of EPA Tools. For the avoidance of doubt, what is prohibited encompasses but is not limited to receiving advice, direction or assistance on how to wager, in real time, that goes beyond a basic level.
Action by Provider for User Violations. Without prejudice to any other rights of Provider by law or contract or at equity, we have the right to deny access to, and to suspend or terminate your access to, the Services, or to any features or portions of the Services, and to remove and discard any User Contributions, at any time and for any reason, including for any violation by you of this Agreement. In addition, we have a policy of terminating the Services usage privileges of users who are repeat or serious violators of this Agreement or infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the terms of this Agreement that were in effect as of the date of your suspension or termination.
Without limiting the foregoing, In the event that Provider deems that a User has violated the terms of this Agreement or otherwise engaged or attempted to engage in fraudulent, unlawful, dishonest or prohibited activity in connection with access or use of the Services, Provider shall have the immediate right to take such action as it sees fit, including, but not limited to:
Detection and Prevention by Provider. You agree that Provider may take steps to detect and prevent prohibited activities on the Services. These steps may include, but are not limited to, monitoring activities or examination of software programs running concurrently with the Services on the User’s computer. You agree that you will not attempt to bypass, interfere with, or block such detection or prevention by Provider. Without limitation of the foregoing, you agree not to use third party software or other means that attempt to bypass, interfere with or block our detection or prevention measures.
Automatic Termination upon Violation. Your rights under this Agreement to use and access the Services and Content will automatically terminate without notice from us if you fail to comply with any of the provisions of this Agreement.
10. SERVICES PROVIDED AS IS; NO WARRANTIES
THE SERVICES AND THEIR CONTENT ARE PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. WE PROVIDE THE SERVICES, CONTENT, RM GAMES AND OTHER PRODUCTS AND SERVICES AND FUNCTIONALITY AVAILABLE ON THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATION, WARRANTY OR ENDORSEMENTS OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT) WITH RESPECT TO THE SERVICES, CONTENT, SOFTWARE, FUNCTIONALITY OF THE SERVICES, MESSAGES AND INFORMATION SENT VIA THE SERVICES BY USERS, ANY PRODUCTS OR SERVICES OFFERED VIA THE SERVICES OR LINKS TO THIRD PARTY WEBSITES, AND/OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE. THIS MEANS THAT WE MAKE NO REPRESENTATION OR WARRANTY THAT:
IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SERVICES, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.
YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SERVICES IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE, DELETE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING INFORMATIONAL GAMING INFORMATION) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SERVICES, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SERVICES. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SERVICES OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY USER CONTRIBUTIONS ON OR THROUGH THE SERVICES, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES, LADY LUCK, AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SERVICES AND OUR THIRD PARTY LICENSORS, AND ANY OF THEIR EMPLOYEES AND AGENTS.
PROVIDER RESERVES THE RIGHT TO SUSPEND, DISCONTINUE, MODIFY, REMOVE OR ADD TO THE SERVICES IN ITS ABSOLUTE DISCRETION WITH IMMEDIATE EFFECT AND WITHOUT AN OBLIGATION TO PROVIDE YOU WITH NOTICE, INCLUDING (FOR EXAMPLE) WHERE WE RECEIVE INFORMATION THAT YOU HAVE ENTERED INTO ANY SELF-EXCLUSION AGREEMENT WITH ANY GAMBLING PROVIDER OR WHERE WE DEEM IT NECESSARY FOR THE MANAGEMENT, MAINTENANCE OR UPDATE OF THE SERVICES, AND WE SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS SUFFERED AS A CONSEQUENCE OF ANY DECISION MADE BY PROVIDER IN THIS REGARD.
11. YOUR REPRESENTATIONS AND WARRANTIES
Subject to applicable law and prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:
You agree to fully indemnify, defend and hold harmless Provider and our affiliates, licensors and Third Party Providers and the shareholders, directors, officers, employees, agents or content or service providers of any of the foregoing from and against all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorney’s fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive this Agreement and the termination of your use of the Services.
13. LIMITATION OF LIABILITY
IF YOU ARE DISSATISFIED WITH THE SERVICES, CONTENT OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL PROVIDER, ANY OF OUR AFFILIATES OR LICENSORS OR ANY THIRD PARTY PROVIDER OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE OF THE SERVICES (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SERVICES), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF PROVIDER OR ANY THIRD PARTY PROVIDER KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVIDER OR THROUGH OR FROM THE SITES OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT AND PROVIDER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SERVICE. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SERVICES, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SERVICES, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SERVICES FEATURE OR SERVICES FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
14. THIRD PARTY SOFTWARE
The Services incorporate third party software, including sports betting software originally developed by Amelco UK Limited, software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org); cryptographic software written by Eric Young; ungif software written by Eric S. Raymond; PSTCollectionView software written by Peter Steinberger, and font software that is proprietary to the licensor or its suppliers and subject to the copyright laws of the United States and other jurisdictions (all third party software, the “Licensed Software”).
The User’s use of the Licensed Software is subject to compliance with (a) all of the terms and conditions of this Agreement, including, without limitation, all of the requirements applicable to access and use of the Services in Section 9 (Prohibited Uses and Activities) above, and (b) the applicable third party terms of agreement when using the App (such as the terms of any Third Party Provider or any licensor of the Licensed Software).
The OpenSSL Toolkit, the ungif software, the PSTCollectionView software and cryptographic software is provided by the OpenSSL Project, by Eric S. Raymond, by Peter Steinberger and by Eric Young “as is” and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the OpenSSL Project, Eric Young, Eric S. Raymond, Peter Steinberger or their contributors be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the OpenSSL Toolkit, the ungif software, the PSTCollectionView software and cryptographic software, even if advised of the possibility of such damage.
15. TERMS FOR APPS MADE AVAILABLE ON APPLE iOS
The following terms of this Section 15 apply solely to Apps made available by us on iOS (or its successor operating system) (“Apple Apps”), and do not apply to any other aspect of the Services or Content.
You and TSG Interactive US acknowledge that this Agreement is concluded between you and TSG Interactive US, and not with Apple Inc. (“Apple”), and that, as among you, Apple and TSG Interactive US, TSG Interactive US, not Apple, is responsible for (a) the Apple Apps and the content thereof, (b) addressing any claims of the User or any third party relating to the Apple Apps or the User’s possession and/or use of that Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, and (c) the investigation, defense, settlement and discharge of any intellectual property infringement claim made by any third party that the Apple Apps or your possession and use of such Apple Apps in accordance with this Agreement infringes that third party’s intellectual property rights.
You and TSG Interactive US acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Apple Apps.
You and TSG Interactive US acknowledge that Apple is not a sponsor or involved in any gaming or gambling activity (including any sweepstakes, contests, or raffles) made available on the Services.
In the event of any failure of the Apple Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TSG Interactive US as among you, Apple and TSG Interactive US.
You agree that you will only exercise the license granted to you under Section 8.3 with regard to the Apple Apps in accordance with the Usage Rules set forth in the App Store Terms of Service.
You and TSG Interactive US acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple 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.
You acknowledge and agree that nothing in this Section 15 alters the disclaimers or other terms and conditions of this Agreement or creates or makes available to you any right, claim or cause of action against us that does not otherwise exist under the other terms and conditions of this Agreement and applicable law.
16. RESPONSIBILITY FOR PUBLIC POSTINGS AND CONTENT
Responsibility for what is posted in public areas of the Services lies with each user–you alone are responsible for the material you post or otherwise make available in public areas of the Services. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality. Additional terms and conditions governing your User Contributions are described in Section 8.5 (User Contributions) above.
You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “Our Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of this Agreement is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of this Agreement.
Although Our Representatives may moderate content, conduct and compliance with this Agreement on the Services at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will “take care” of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported violation of this Agreement from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported violation of this Agreement is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported violation of this Agreement. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
17. COPYRIGHT INFRINGEMENT NOTICES
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Services in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by email to firstname.lastname@example.org. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the allegedly infringing material on the Service; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in this Agreement or on the Services. We have a policy of terminating the Services usage privileges of users who are repeat infringers of intellectual property rights.
18. LINKING POLICIES
We welcome links to the Services so long as: (i) the Site opens in a new browser window which displays the full version of a page of the Site (e.g., not merely one of its frames, and not an “in-line” link to a particular image or object on the Site), (ii) the link to the Services does not state or imply any sponsorship of the Services by us or by the Services; and (iii) the Services are not display framed within or obfuscated by other content. You may not use any Trademarks or copyrighted materials appearing on the Service without our prior express written consent. We reserve the right to revoke your right to link to the Services upon notice. If you receive such a notice from us, you agree to discontinue your link to the Service
19. MODIFICATION, SUSPENSION OR DISCONTINUATION OF SERVICES
We reserve the right to modify, suspend or discontinue (temporarily or permanently), the Services or Content or any portion thereof at any time and for any reason. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
20. DISCREPANCIES AND COMPLAINTS
The User acknowledges and agrees that the historical data of each RM Game shall be as recorded on Provider’s servers. In the event of a discrepancy between the information displayed on your computer and the event/market records on the server, the server records shall prevail.
If a User wishes to make a complaint, please contact our customer service team at email@example.com. The complaint will be investigated and a response will be provided within 5 calendar days of receipt of such complaint. In the event that a User’s complaint has not been satisfactorily addressed, the User may, after exhausting all reasonable means made available to it by Provider, download and complete the Complaint by Gaming Patron Form which is available on the Colorado Department of Revenue’s website located at www.colorado.gov.
21. GOVERNING LAW/LEGAL FORUM/DISPUTE RESOLUTION
This Agreement, the relationship between you and us, and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the United States and laws of the State of Colorado, without giving effect to any principles of conflicts of law.
ANY DISPUTE NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO OR, IF SUCH COURT WOULD NOT HAVE JURISDICTION OVER THE MATTER, THEN ONLY IN A COLORADO STATE COURT SITTING IN DENVER. EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THESE COURTS AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT IN ANY OTHER COURT OR FORUM. EACH PARTY WAIVES ANY OBJECTION TO THE LAYING OF THE VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT IN THE FEDERAL OR STATE COURTS SITTING IN DENVER, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. THE PARTIES HEREBY WAIVE ANY RIGHT TO REQUEST A TRIAL BY JURY IN ANY LITIGATION WITH RESPECT TO ANY ASPECT OF THIS AGREEMENT.
If a provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, void or otherwise unenforceable, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect, and such circumstance shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof. To the extent permitted, the illegal, invalid, or enforceable provision shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such illegal, invalid, or enforceable provision in that jurisdiction where such term was deemed illegal, invalid, or unenforceable.
Provider reserves the right to assign this Agreement, in whole or in part, at any time without notice. The User may not assign, delegate or otherwise transfer, in whole or in part, any of his/her rights or obligations under this Agreement. Any purported assignment, delegation or other transfer in violation of the foregoing will be null and void.
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. No waiver by Provider of any breach of any provision of this Agreement (including the failure of Provider to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement other than (1) with respect to Lady Luck, any company within the Stars Interactive Group and Third Party Providers, and (2) as expressly provided in Section 15.
Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
This Agreement, with the documents referenced herein, constitutes the entire understanding and agreement between you and us regarding the Services and supersedes any prior agreement, understanding, or arrangement between you and us.
In order to use the Services, the User must provide full and truthful information in respect of all details and information requested by Provider in connection with the User’s use of the Services.
The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
If we are prevented from providing all or part of the Services or fulfilling any of our obligations under this Agreement due to an event beyond our reasonable control, including, but not limited to, an act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods), war, hostilities, terrorism or any such cause beyond our reasonable control, you agree to waive any claim against us which may arise in such circumstances.
YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THIS AGREEMENT, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR IT SHALL BE PERMANENTLY BARRED.
The communications between you and us via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Notice to California Consumers. Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
25. CONTACT US
If you experience any problems or have any inquiries or concerns, , or would like to confirm the version of the terms and conditions you accepted at the time of registration and receive a copy, please email firstname.lastname@example.org.
You may also contact Lady Luck in relation to the Services through written communication to: Lady Luck Casino Black Hawk, 340 Main St., Black Hawk, CO 80422. Please indicate clearly in your written communication the Service with respect to which your communication relates.
Copyright © 2020 Rational Intellectual Holdings Limited. All rights reserved.
With regard to the OpenSSL Toolkit:
Copyright © 1998-2011 The OpenSSL Project. All rights reserved.
Copyright © 1995-1998 Eric Young. All rights reserved
With respect to PSTCollectionView software:
Copyright (c) 2012-2013 Peter Steinberger
With respect to ungif software:
The GIFLIB distribution is Copyright (c) 1997 Eric S. Raymond
More information is available at co.foxbet.com.
Provider can be contacted by email at email@example.com.
Last Updated: July 9, 2020