THE BIG CASINO™
Terms & Conditions
These terms and conditions constitute a legally binding agreement between you and The Big Casino™, and govern your use of the The Big Casino™ website and mobile application software (individually and collectively, the “Service”), regardless of the device upon which, or media format in which, the Service is rendered, accessed or used. The Service are owned by The Big Casino, Inc. DO NOT ACCESS OR USE THE SERVICE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS AGREEMENT.
NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, AS SET FORTH BELOW.
Your visitation, registration for an account, access and/or use of the Service constitutes your acceptance of this Agreement (as defined below). You agree that The Big Casino™may modify the Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur: (1) posting of the modified Agreement to the Service, or (2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications.
By accessing or otherwise using the Service, you agree to do business with The Big Casino™ electronically. By agreeing to do business electronically, you (i) consent to the electronic communication and delivery of all documents related to the Service and all other goods and services provided via the Service; and (ii) your access or other use of the Service legally binds you to this Agreement.
"Personally Identifiable Information" means any information that identifies a natural person, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, or the like that can be used by or on behalf of The Big Casino™ to identify a specific person. It does not include information that is anonymized, encoded, aggregated, or publicly available information that has not been combined with non-public personal information.
“Person” means (except with respect to “Personally identifiable information”) a natural person, entity, association or organization, unless otherwise specified.
“User” or “you” or "your" refers to any and all natural persons, entities, associations and/or organizations who visit, create an account with, access or use this Service in any way imaginable, whether through existing technology or through technology not heretofore manufactured, devised or discovered, or who request, purchase, subscribe to, access, or otherwise use the goods or services offered on this Service.
You agree keep to your password confidential and not to distribute it or otherwise allow anyone other than you to access your account. Your password is the key to all of the information in your account.
Any communication you make on this Service or over the Internet, whether sent via email, via a form on the Service, or a message board, etc., should be regarded as an insecure communication, unless we explicitly state on a particular page that you can expect the communication to be secure or encrypted.
You agree to take reasonable steps to prevent unauthorized access to the Service, including by protecting your passwords and other log-in information. You will notify The Big Casino™ immediately if you know of or suspect unauthorized use of the Service or breach of its security.
In using the Service, you will comply with all applicable laws, including laws governing the protection of personally identifiable information and other laws applicable to the protection of your Content.
You are responsible and liable for: (a) your use of the Service, including unauthorized conduct and conduct that would violate the Authorized Use Policy (“AUP”) or the requirements of this Agreement; and (b) any use of the Service through your account or passwords, whether authorized or not.
Your Content & Privacy
You represent and warrant that you own your Content and that submitting or transmitting your Content to or through the Service will not violate the rights of any third party, including intellectual property, privacy or publicity rights. The Big Casino™ is under no obligation to review or screen your or other Service users’ Content. If you believe that another user has violated any of your intellectual property rights, you may initiate the procedures outlined in The Big Casino’s™ policy concerning claims that Content accessed through the Service infringes intellectual property rights as set forth below.
YOU UNDERSTAND AND AGREE THAT SHARING CONTENT ONLINE INVOLVES RISKS OF UNAUTHORIZED DISCLOSURE OR EXPOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AND THAT, IN SUBMITTING YOUR CONTENT TO OR TRANSMITTING IT THROUGH THE SERVICE, YOU ASSUME THESE RISKS.
The Big Casino™ disclaims all liability for the accuracy of any Content submitted to or transmitted through the Service by you or another user, including without limitation your Content.
You agree that you will not rely on the Service or The Big Casino™ for backup or storage of your Content. The Big Casino™ may retain your Content even if you are no longer using the Service but is not required to provide copies of your Content to you. The Big Casino™ may permanently delete or erase your Content or suspend your access to your Content through the Service at any time and for any reason.
Your Responsibilities & Restrictions
The Service and services offered are not available to persons under the age of 18. You will not: (a) provide Service passwords or other log-in information to any third party; (b) share non-public Service features or Content with any third party; or (c) access the Service in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Service, or to copy any ideas, features, functions or graphics of the Service. If The Big Casino™ suspects that you have violated the requirements of this Agreement The Big Casino™ may suspend or terminate your access to the Service without notice, in addition to all other remedies The Big Casino™may have. The Big Casino™ is not obligated to take any action against you or any other Service user or other third party for violating this Agreement, but The Big Casino™ is free to take any such action it sees fit.
Cross-Border Export of User Data
Refusal & Termination of Service
The Big Casino™ reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.
You may not use or otherwise export or re-export the Service and/or its content, except as authorized by United States law. The Service and its content may not be exported or re-exported (i) into (or to a national or resident of) any U.S.-embargoed country, (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or (iii) to anyone on the U.S. Department of Commerce's Table of Denial Orders. You represent and warrant that you are not a resident or national of any such country on any such list, and are not located in, under the control of, acting on behalf of or in concert with, a resident or national of any such country or on any such list.
License to Use the Service
The Big Casino™ grants to you, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, non-exclusive, terminable-at-will license to use the software, content and documentation which it owns or of which it is a licensee for the limited purposes accessing, exploring and using the Service in real time in a manner consistent with the terms of the Agreement.
Intellectual Property Rights in the Service
Unauthorized duplication or attempt to revise, adapt, modify, decompile or reverse engineer the Service, in whole or in part, or of any plans, designs, specifications, data or content made available from the Service (except as expressly authorized herein), is a violation of the U.S. Copyright Act of 1976.
Unless otherwise stated, The Big Casino™ is the sole and exclusive owner of the copyright interests in and to the Service, and is the owner or a licensee of the content hereon, including, without limitation, all “works” as defined in the Copyright Act of 1976, text, graphics, images, video material, audio material, audiovisual material, and other content, regardless of media format, whether now existing or hereafter arising (“Copyright Material”). The Copyright Material is protected by United States law and international treaties. You may display and download portions of the Service solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the Service. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, display, or any commercial use of the content on the Service is strictly prohibited by law.
THE BIG CASINO™ and the THE BIG CASINO™ & Design are trademarks, trade names, or service marks of The Big Casino™ (individually and collectively the “Trademarks”). The Trademarks may not be used in any manner by any person or in connection with any product or service, without the prior written consent of an authorized representative of The Big Casino™. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.
Notice and Procedure for Making Claims of Copyright Infringement
Notice of Claimed Infringement
Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent:
Fasthoff Law Firm PLLC
21 Waterway Ave., Suite 300
The Woodlands, Texas 77380
hank <@> fasthofflawfirm.com
To be effective, the notification must be a written communication that includes the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website;
(iii) A reasonably detailed description of where the alleged infringing material is located on this website;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your content that was removed pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:
(i) your physical or electronic signature;
(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Harris County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Ideas & Submissions
The Big Casino™ values and encourages feedback. Pursuant to The Big Casino’s™policy, however, we do not accept or consider creative ideas, suggestions, or materials. If you choose to send any creative submissions to us, whether at The Big Casino’s™request, or despite our request that you do not send submissions to us, then you hereby irrevocably assign and transfer to The Big Casino™ any and all rights, throughout the universe, in and to each submission (including the individual elements of each submission), without any compensation therefore, including, without limitation, all domestic and foreign copyrights, trademark rights (and goodwill appurtenant thereto), patent rights, trade secret rights, know-how, and all other intellectual property rights and other rights, whether now existing or hereafter arising. To the extent moral rights may not be assigned or transferred, you hereby irrevocably waive enforcement of any and all moral rights. The Big Casino™ shall be entitled to complete unrestricted use of the submissions and all content, data and information contained therein for any purpose, whether commercial or otherwise, without compensation to, or recognition or acknowledgment of, the author(s) or provider(s) of the submissions.
User Representations & Warranties
You represent and warrant that you are at least 18 years of age and have reached the age of majority in the location where you reside. You further represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Service in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the Service, and to comply with your responsibilities and obligations as stated in this Agreement. You further represent and warrant that you have provided, and will provide true, accurate, current and complete information about you as requested by the forms available on this Service, including, without limitation, complete and accurate information about any and all necessary or desired dietary restrictions you have or may have. You further represent and warrant that you shall maintain and update your information to keep it secure, true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, The Big Casino™has the right to terminate your account and refuse any and all current or future use of the Service.
You further represent and warrant that you will not provide to us the name, address, email address, phone number, or other personal identifying information of any person under the age of 13. Violation of this provision is grounds for immediate termination of your account and access, and immediate cancellation of any orders, goods, and services offered hereunder.
Governing Law, Jurisdiction, & Venue; Arbitration
All uses of the Service, and all content contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for (i) conflicts of laws principles, (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods, as amended, or (iii) other international laws . All disputes arising under or relating to the Agreement and/or your visitation, access or use of the Service, shall be submitted to and resolved by binding arbitration in Harris County, Texas, and any award shall be confirmed exclusively in the courts situated in Harris County, Texas. You further irrevocably agree and consent to the exclusive jurisdiction and venue of the courts situated in Harris County, Texas for the purposes of reviewing, confirming or otherwise relating to any arbitration award, and you hereby expressly waive jurisdiction and venue in any other forum for such purposes. Any arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all findings of fact and conclusions of law, and shall be kept confidential and not disclosed for any purpose except as required by law, e.g., disclosure to tax advisors for the purpose of filing a tax return. Any such arbitration shall include a written record of the arbitration hearing.
WAIVER OF CLASS ACTION/JURY TRIAL
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE BIG CASINO AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, LOSSES, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO (I) YOUR ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT (II) YOUR ACTUAL OR ALLEGED NEGLIGENT, WILFUL OR INTENTIONAL ACTIONS OR OMISSIONS ARISING OUT OF OR RELATING TO YOUR REGISTRATION, VISITATION OR USE OF THE SERVICE; PURCHASE, POSSESSION, OR CONSUMPTION OF GOODS OR SERVICES OFFERED BY, THROUGH OR UNDER THE SERVICE. THE INDEMNIFIED PARTIES MAY, AT THEIR SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT THAT MAY HAVE THE POTENTIAL TO AFFECT AN INDEMNIFIED PARTY’SRIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT SUCH INDEMNIFIED PARTY’S PRIOR WRITTEN APPROVAL.
LIMITATION OF LIABILITY
ACCESS TO AND USE OF THIS WEBSERVICE IS PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT THE BIG CASINO, INC. AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, INSURERS, AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “LIMITED PARTIES”), SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR FOR ANY INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE OUT OF OR RELATE TO YOUR VISITATION OR USE OF THIS SERVICE; PURCHASE, POSSESSION, USE OR NONUSE OF ANY GOODS OR SERVICES, OR THE OFFERING OF CONTENT, INFORMATION, GOODS, SERVICES, OR OTHER MATERIAL ON, OR ACCESSIBLE THROUGH, THE SERVICE AND/OR IN ANY EMAILS, NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SERVICE. THE LIMITED PARTIES’ MAXIMUM LIABILITY IS EQUAL TO THE AMOUNT YOU PAID FOR ACCESS AND USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE LIMITED PARTIES SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, LOSS OF OPPORTUNITY, LOSS OF BUSINESS, LOSS OF EARNINGS, OR INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY.
IN NO EVENT WILL THE BIG CASINO™ BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
DISCLAIMER OF ALL OTHER WARRANTIES
ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SERVICE ARE PROVIDED ON AN “AS IS” BASIS. THE BIG CASINO™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SERVICEOR THE INFORMATION, MATERIALS, CONTENT, GOODS OR SERVICES CONTAINED ON, ARISING OUT OF OR RELATED TO THE SERVICE. THE BIG CASINO™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
In the event of any conflict between these Terms & Conditions and any The Big Casino™policy posted online, these Terms & Conditions shall govern.
This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter, all of which are merged herein. Neither party has relied upon any such prior or contemporaneous communications.
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