TERMS OF USE

Last Modified: April 25, 2022

 

Please read THESE TERMS OF USE carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions to the extent permitted by law unless opted-out. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND THE PRIVACY POLICY, DO NOT USE THIS WEBSITE OR APP.

Acceptance of the Terms of Use

These terms of use (“Terms of Use”) are entered into between the website or app visitor or user (“you”) and Bally’s Interactive, LLC, its subsidiaries, and its corporate affiliates ("Company," "we," or "us"). These Terms of Use apply when you access, use or visit (including any content, functionality, and services offered on or through) https://ballyplay.com/en, or any other websites owned or operated by the Company that display these Terms of Service, including any mobile or device specific versions and any related mobile applications of such websites (collectively, the “Bally Platform”).  These Terms of Use together with all applicable Additional Terms (defined below) and any other documents expressly incorporated by reference, govern your access to and use of the Bally Platform.

Please read the Terms of Use carefully before you start to use the Bally Platform. By using the Bally Platform, you accept and agree to be bound and abide by these Terms of Use.  If you do not want to agree to these Terms of Use, you must not access or use the Bally Platform.

Subject to any specific restrictions that apply under the Additional Terms, the Bally Platform is offered and available to users who are 21 years of age or older and are legal residents of (a) the United States or any of its territories or possessions or (b) Canada. By using the Bally Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Bally Platform.

 

Additional Terms

From time to time different products and services may be made available through the Bally Platform. Specific additional terms may apply to your use of such products and services, which will be available on the relevant website or app (“Additional Terms”).

Always read the relevant Additional Terms carefully before do not use our products or services if you do not agree with them. Where there is any conflict or ambiguity between the Additional Terms and these Terms of Use, the Additional Terms will prevail.

Changes to the Terms of Use

We may revise and update the Additional Terms and/or these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on the Bally Platform, and apply to all access to and use of the Bally Platform thereafter. 

Your continued use of the Bally Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.

Accessing the Bally Platform and Account Security

We reserve the right to withdraw or amend the Bally Platform, and any service or material we provide on the Bally Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Bally Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Bally Platform, or the entire website and/or mobile application, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Bally Platform.
  • Ensuring that all persons who access the Bally Platform through your computer, device, internet connection, or other means are aware of these Terms of Use and comply with them.

To access the Bally Platform or some of the resources they offers, you will be asked to create a Bally’s account (which is free to create) and provide certain registration details or other information. It is a condition of your use of the Bally Platform that all the information you provide on the Bally Platform is correct, current, complete and accurate. You agree that all information you provide to register with the Bally Platform or otherwise, including, but not limited to, through the use of any interactive features on the Bally Platform, is governed by our privacy policy https://www.ballyplay.com/en/privacy (“Privacy Policy”), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You must take appropriate steps to secure your information by not using a commonly used, weak, or previously compromised password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Bally Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session and or accept the risk of remaining logged in. You should use particular caution when accessing your account from a public or shared computer, device, or other means so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Bally Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Bally Platform may include or make available software which may be downloaded and installed on your PC, mobile and/or any other device. Subject to these Terms of Use, we hereby grant to you a revocable, non-exclusive, non-sublicensable, non-transferable licence for the use of such software on PC, mobile and/or any other device owned or operated by you, solely for the purpose of playing our Games and managing your account.

These Terms of Use permit you to use the Bally Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Bally Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Bally Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Bally Platform.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Bally Platform.

You must not access or use for any commercial purposes any part of the Bally Platform or any services or materials available through the Bally Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Bally Platform in breach of the Terms of Use, your right to use the Bally Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Bally Platform or any content on the Bally Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Bally Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms Bally’s or Bally’s Interactive, the names of any third party partners that feature on the Bally Platform from time to time (including any sports teams, associations or clubs) and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors or third party partners. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Bally Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the Bally Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Bally Platform:

  • In any way that violates any applicable federal, state, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, Canada or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Bally Platform, or which, as determined by us, may harm the Company or users of the Bally Platform, or expose them to liability.

Additionally, you agree not to:

  • Use the Bally Platform in any manner that could disable, overburden, damage, or impair the website or applications or interfere with any other party's use of the Bally Platform, including their ability to engage in real time activities through the Bally Platform.
  • Use any robot, spider, or other automatic device, process, or means to access the Bally Platform for any purpose, including scraping, monitoring, or copying any of the material on the Bally Platform.
  • Use any manual process to scrape, monitor, or copy any of the material on the Bally Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Bally Platform.
  • Introduce any viruses, Trojan horses, worms, logic bombs, malware, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Bally Platform, the systems on which the Bally Platform is stored, or any server, computer, or database, or interface connected to the Bally Platform.
  • Attack the Bally Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Bally Platform.

User Contributions

The Bally Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Bally Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Bally Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Bally Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Bally Platform.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Bally Platform or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Bally Platform.
  • Terminate or suspend your access to all or part of the Bally Platform for any or no reason, including without limitation, any violation of these Terms of Use.
  • Use automated means, including those provided by third parties, to monitor, flag for inappropriateness, and remove User Contributions.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Bally Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES AS A RESULT OF THE COMPANY’S COOPERATION WITH LAW ENFORCEMENT, COMPLIANCE WITH A COURT ORDER OR RESPONSE TO A THIRD PARTY CLAIM ALLEGING THAT YOU HAVE VIOLATED THEIR INTELLECTUAL PROPERTY OR PRIVACY RIGHTS.

However, we do not undertake to review all material before it is posted on the Bally Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, and other demographics.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

The Company respects the intellectual property rights of others and requires each user or visitor of the Bally Platform to do the same. The Company may in its sole discretion immediately remove or disable any content or block or inactivate the account of any user that is found to have infringed on the rights of the Company or of a third-party, or that has otherwise violated any intellectual property laws or regulations, or any of the Terms of Use. The Company will, in appropriate circumstances, deactivate the accounts of repeat infringers at any time. If you believe any material available on the Bally Platform infringes upon a copyright, or otherwise violates your intellectual property rights, then you should notify the Company’s Copyright Agent by providing the following information:

  • Identify the copyrighted work or other intellectual property that you claim has been infringed;
  • Identify the material on the Bally Platform that may be an infringement with enough detail so that we may locate it on the Bally Platform;
  • A statement by you indicating a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number and email address; and
  • Your physical or electronic signature.


Company’s Copyright Agent: The Company’s designated agent for notices of claims of copyright or other intellectual property infringement is: Bally’s Interactive, LLC, Attn: Legal Department, 100 Westminster Street, Providence, RI, 02903.

Reliance on Information Posted

The information presented on or through the Bally Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Bally Platform, or by anyone who may be informed of any of its contents.

The Bally Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, sponsors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Bally Platform

We may update the content on the Bally Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Bally Platform may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Bally Platform and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Bally Platform may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Bally Platform.
  • Send emails or other communications with certain content, or links to certain content, on the Bally Platform.
  • Cause limited portions of content on the Bally Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us.  Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Bally Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Otherwise take any action with respect to the materials on the Bally Platform that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Bally Platform

If the Bally Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We do not control the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Bally Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We provide the Bally Platform for use only by persons located in the United States or Canada (subject to any additional geographic restrictions set out in the Additional Terms). We make no claims that the Bally Platform or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Bally Platform may not be legal by certain persons or in certain countries. If you access the Bally Platform from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with applicable United States, Canadian and local laws.

Notice to New Jersey Users

Notwithstanding any terms set forth in these Terms of Use, if any of the provisions set forth in the sections entitled Disclaimer of Warranties, Limitation on Liability, Indemnification, Governing Law and Jurisdiction, or Arbitration and Waiver of Jury Trial and Class Participation are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Use shall remain binding on you and the Company. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Use, nothing in these Terms of Use is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Bally Platform will be free of viruses, other destructive code, or vulnerabilities that allow for unauthorized access. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for security, including anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Bally Platform for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL OR ACTIONS THAT MAY INFECT YOUR COMPUTER  EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE BALLY PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE BALLY PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE BALLY PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE BALLY PLATFORM IS AT YOUR OWN RISK. THE BALLY PLATFORM, ITS CONTENT, AND ANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE BALLY PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE BALLY PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE BALLY PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE BALLY PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE BALLY PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE BALLY PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE BALLY PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Bally Platform or violation of these Terms of Use, including, but not limited to: (i) your User Contributions; (ii) any use of the Bally Platform's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Bally Platform.

Governing Law and Jurisdiction

All matters relating to the Bally Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Rhode Island without giving effect to any choice or conflict of law provision or rule (whether of the State of Rhode Island or any other jurisdiction). You agree to submit to the personal jurisdiction of the federal and state courts located in Providence County, Rhode Island for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision below, including any provisional relief required to prevent irreparable harm (although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country).

You agree that  the federal or state courts located in Providence County, Rhode Island  are the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration and Waiver of Jury Trial and Class Participation

  1. YOU MUST SUBMIT ANY DISPUTES ARISING FROM THESE TERMS OF USE OR USE OF BALY PLAY, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) APPLYING RHODE ISLAND LAW. This agreement to  arbitrate in these Terms of Use are intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate otherwise includes, but is not limited to: claims based on any legal theory; claims that arose before this or any prior Terms of Use; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; claims relating to the Bally Platform; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to your data privacy or information security; and claims that may arise after the modification or termination of the Terms of Use.
  2. YOU AGREE THAT, BY USE OF THE BALLY PLATFORM, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW. These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of the Terms of Use or your relationship with the Company for any reason.
  3. If you intend to seek arbitration you must first send us, by certified mail, a written Notice of Dispute (“Notice”). The Notice should be addressed to: General Counsel – Arbitration Demand, Bally’s Interactive, LLC, Attn: Legal Department, 100 Westminster Street, Providence, RI, 02903 (“Notice Address”) and must be signed by you personally. Notice to you from the Company may be to you directly, or if you are represented, to your legal counsel. The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought (“Demand”). If the Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding pursuant to the terms of this arbitration agreement.
  4. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the Terms of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.
  5. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Terms of Use’s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of the Terms of Use’s including, but not limited to any claim that all or any part of this arbitration provision or agreement is void or voidable. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.
  6. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company are entitled. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court, including for example, under California Code of Civil Procedure Section 998 for arbitrations taking place in California. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary).
  7. Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
  8. YOU AND THE COMPANY 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 OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION). Further, unless both you and the Company agree otherwise, the arbitrator or arbitration administrator may not consolidate or aggregate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE BALLY PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, Additional Terms (as applicable) and our Privacy Policy constitute the sole and entire agreement between you and Bally’s Interactive, LLC regarding the Bally Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Bally Platform.

Your Comments and Concerns

the Bally Platform is operated by Bally’s Interactive, LLC, Attn: Legal Department, 100 Westminster Street, Providence, RI, 02903.

All other feedback, comments, requests for technical support, and other communications relating to the Bally Platform should be directed to: ContactUs@ballys.com or to the email address specified in any applicable Additional Terms.  

 

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