Last Updated: May 1, 2018
This Terms of Service is a legally binding agreement between you and Presence Labs, LLC (“Presence Labs”, the “Company”, “we”, “us”, “our”). We provide mobile and online services, including but not limited to our mobile app, Virtual Vegas™ (the “Game(s)”) and the related websites located at www.virtualvegasslots.com website (“Site”). By using the Virtual Vegas services (defined below), you agree to all the terms and conditions of this Terms of Service (collectively, “Terms”). These Terms govern our Site and our apps, Games, services, features and content (collectively, the “Service”) accessible or downloadable from third-party app stores or other sources.
PLEASE NOTE THAT THE SERVICE IS INTENDED FOR AMUSEMENT AND ENTERTAINMENT ONLY. THE SERVICE IS NOT A LOTTERY OR A GAMBLING ACTIVITY AND YOU ACKNOWLEDGE AND AGREE THAT OUR GAME DOES NOT PROVIDE YOU WITH ANY PRIZES OF MONETARY VALUE. AS AN ELEMENT OF THE GAMES, YOU CAN OBTAIN VIRTUAL CURRENCY TO PLAY THE GAME. THE GAME CURRENCY CAN BE GRANTED BY US, PURCHASED FOR REAL MONEY OR WON DURING GAMEPLAY, BUT IT HAS NO MONETARY VALUE.
Acceptance of Terms
Modifications to these Terms and Service
From time to time, we may modify or amend these Terms at our sole discretion. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms of Service are posted will constitute your acceptance of and agreement to such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service. You agree that the Company shall not be liable to you or any third party for any change or modification to the Terms.
Eligibility, User Data and Accounts
By using the Service or Games, you certify that you are at least 18 years of age or older (or the age of majority in your jurisdiction). Any access to or use of the Service by anyone under 13 is expressly prohibited. If you are between the ages of 13 and 18, you declare that your legal guardian has reviewed and agrees to these Terms. You undertake to monitor your account to restrict use by minors, and in particular you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of the Service, including use of your credit card or other payment instrument by minors.
The Service is intended solely for your personal use. You represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country, and the use of the Service is unauthorized in any such jurisdiction. You agree not to access or use the Service in any such jurisdiction.
You may not sell, trade, or otherwise transfer or assign your User Account to another party.
We reserve the right to require our prior or later acceptance for registration. We have a right to refuse the registration for any reason. Registration can be limited, for example, in terms of territory.
You agree not share the User Account or any user credentials or password with any other party and not to let anyone else access your User Account or do anything else that might jeopardize the security of your User Account. You agree to notify us immediately if you suspect any breach of security in the Service. You are solely responsible for maintaining the confidentiality of your User Account, and accept responsibility for all uses of the User Account, including any purchases, whether or not authorized by you.
We reserve the right to invalidate User Accounts if we become aware that a user is less than the required minimum age and we may request additional information to confirm a user’s age at any time. Other legal ramifications may also apply.
Purchases, Virtual Currency
The Service may include an opportunity to purchase virtual, in-game currency (“Coins”) that may require you to pay a fee using real money to obtain the Coins. Coins can never be redeemed for real money, goods, or any other item of monetary value from the Company or any other party. You understand that you have no right or title in the virtual in-game items, spins or Coins.
Your purchase of Coins is final and is not refundable, transferable or exchangeable, except in the Company’s sole discretion. You may not purchase, sell, or exchange Coins outside the Service. Doing so is a violation of the Terms and may result in termination of your Service account and/or legal action taken against you. We retain the right to manage, control, modify and/or eliminate Coins or any other form of virtual currency at its sole discretion. Prices and availability of Coins are subject to change without notice.
You are responsible for all charges and usage on your User Account or using your user credentials and all purchases made by you or anyone that uses your User Account or user credentials, including applicable taxes. You may pay using the methods available in the Service from time to time, which may include payment via your Apple, Google or Amazon account, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. We are not responsible or liable for any issues related to the services provided by the payment provider to you in connection with the purchase.
Any applicable fees and other charges are payable in advance and are not refundable in whole or in part. In particular, any payment for license for Coins is always final and non-refundable.
Please note that we are not responsible for any Coins that are lost, damaged, deleted or used inappropriately, or for gameplay interruptions or premature game termination, regardless of cause, that result in Coins being spent. We may manage, regulate, modify, control or eliminate Coins at any time in our sole discretion, with or without notice. If we exercise such rights, we will have no liability to you or any third party.
Subject to mandatory legislation, you acknowledge that we are not obligated to provide any refunds for any reason. You acknowledge and agree that all Coins will be forfeited and you will not be entitled to receive money or other compensation for unused Coins when an account is terminated or suspended for any reason, regardless of whether such termination or suspension was voluntary or involuntary, or if we discontinue providing the Service or any particular Game.
You are solely responsible for any costs you incur to access the Service through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. Check with your carrier to determine the fees that apply.
The Service is licensed, not sold, to you. You agree that we and our licensors own all right, title and interest in and to the Service, including all intellectual property rights therein, and that we retain ownership of the Service even after installation on your device. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Service.
You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms or (ii) copy, adapt, modify, prepare derivative works based upon, derive the source code from, reverse engineer, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Presence Labs or its licensors, except for the licenses and rights expressly granted in these Terms.
We are not obligated to maintain or support the Service, to provide all or any specific content through the Service, or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time in our sole discretion issue updates or upgrades to the Service, disable access to the Service for any period of time or permanently, and automatically update or upgrade the version of the Service that you are using on your device. You consent to such automatic updating or upgrading on your device, and agree that these Terms will apply to all such updates or upgrades, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You acknowledge and agree that we shall have no liability to you arising out of any unavailability of the Service.
The license to use the Service granted under these Terms remains in effect until terminated by you or us. You may terminate the license at any time by destroying all copies of the Service in your possession or control. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from us if you in any way breach any provision of these Terms. Upon termination in accordance with these Terms for any reason, you must cease all use of the Service and promptly delete and destroy all copies, full or partial, of the Service. Your termination of the license for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
You represent and warrant that you will not use or otherwise transport, export or re-export (directly or indirectly) the Service into any country forbidden to receive the Service by any U.S. or other jurisdiction’s export or technology laws or regulations or otherwise violate such laws or regulations, which may be amended from time to time. You also represent and warrant that you are not located in any such country or on any such list.
Intellectual Property Ownership
Presence Labs retains all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Presence Lab’s explicit, prior written permission. The foregoing shall not apply to your own User Content (defined below) that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from the Company. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.
Presence Labs and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
User Account Suspension or Termination
We reserve the right to discontinue offering the Service or any part thereof (such as any particular Game) or to suspend, remove, modify or disable access to the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service and/or your User Account at any time. In no event will we be liable for the removal of or disabling of access to the Service or any part thereof. We may also impose limits on the use of or access to the Service, in any case and without notice or liability. Upon termination of the Service or a part thereof, your license to use the Service or a part thereof will be automatically terminated. You can also lose your user name and gamer profile as a result of such termination or suspension, as well as any Coins. In such event, we shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
We reserve the right to terminate any user account that has been inactive for 180 days.
You agree that any content published by you through the Service is done so through the use of technology and tools provided by Presence Labs. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that your publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of Presence Labs. You grant Presence Labs the right to act as an agent on your behalf as the Service’s operator.
Any data, text, graphics, photographs, voice chat, or any other content, and their selection and arrangement, uploaded to the Service by any user (“User Content”) are subject, whether in whole or in part, to unlimited sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free use by Presence Labs to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display and use any User Content and to incorporate the same in other works in any form, media, or technology now known or later developed. You further hereby grant to us the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content or your User Account, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload. Presence Labs shall not bear any responsibility for any of the abovementioned content.
Presence Labs may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Presence Labs will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
Presence Labs reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, Presence Labs shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
The following types of User Content are examples of User Content that is prohibited in the Service:
If you see any material in the Service that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by contacting us at email@example.com.
Any communications or materials you transmit to Presence Labs by email or otherwise, including any data, questions, comments, suggestions, bug reports or other information about the Service (“Submissions”) will be treated as, non-confidential and non-proprietary and shall become our sole property and you assign all rights in these Submissions to us. Anything you transmit or post may be used by Presence Labs or its affiliates for unrestricted use for any purpose. Presence Labs is free to use any ideas, concepts, know-how or techniques contained in any communication you send for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any acknowledgement or compensation to you.
The Service may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Service users. Presence Labs is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. We may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Presence Labs, and these communications should not be considered reviewed or approved by Presence Labs. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Presence Labs be liable for any activity within the Communication Channels.
You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. Presence Labs is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, affiliates and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Without prejudice to the above, we reserve the right to become involved in any way with these disputes, but are in no obligation for doing so. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your User Account.
Service Usage Information
You acknowledge and agree that we may use, track, store, copy, distribute, broadcast, transmit, publicly display and perform, reproduce, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit: (i) your Game scores; (ii) your Game play sessions; (iii) your presence on the Service; (iv) the time that you spend on or within particular portions of the Service; (v) rankings, statistics and user profiles; and (vi) other Service usage information, in any media now existing or hereafter developed, and that all of the above are our sole and exclusive property and may be used by us (and our affiliates, partners, licensors and licensees and other third parties authorized by us) for any purpose, including for commercial or promotional use. If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of such information or materials, you agree to and hereby do assign solely and exclusively to us all of your right, title and interest in and to such information or materials, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to repro-duce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such information or materials, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such information or materials.
Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein.
You undertake that you shall not defraud, or attempt to defraud, Presence Labs or other users, and that you shall not act in bad faith in your use of the Service. If we determine that you do act in bad faith in violation of these Terms, or if we determine that your actions fall outside of reasonable community standards, Presence Labs may, at its sole discretion, terminate your account and prohibit you from using the Service.
You agree that your use of the Service shall be lawful and that you will comply with the usage rules. The list below contains examples of behaviors that are prohibited in the Service:
Disclaimer of Warranty; Limitation of Liability; Indemnity
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Presence Labs, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Presence Labs makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any: (i) Errors, mistakes, or inaccuracies of content; (ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iii) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) Any interruption or cessation of transmission to or from the Service; (v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; or (vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
In no event will Presence Labs, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not we has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that we shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Presence Labs be liable to you for more than the amount you have paid Presence Labs in the ninety (90) days immediately preceding the date on which you first assert any such claim.
You agree to indemnify and hold Presence Labs, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with: (i) Your use of and access to the Service; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) Any claim that a user submissions made by you has caused damage to a third party; or (v) Any User Content you post or share on or through the Service.
Waiver and Severability
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
These Terms are governed by and construed in accordance with the laws of the State of Washington without regard to its principles of conflicts of law. Any dispute, controversy or claim arising out of, relating to or in connection with these Terms and/or the Service shall be finally resolved by arbitration. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the Terms to arbitrate. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Arbitration shall be conducted in Seattle, Washington, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any state or federal court in Seattle, Washington having jurisdiction thereof. You and Presence Labs agree that any action, regardless of form, arising out of or related to the Service and/or these Terms must commence within one (1) year after the cause of action accrues, otherwise such action is permanently barred. Each party shall bear its own costs in the arbitration proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the entire agreement to arbitrate will be null and void.
The Service is operated and provided by Presence Labs, LLC. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.