Vegas Lit Terms of Service
Effective Date: May 1, 2021
THE GAMES AVAILABLE FOR YOUR USE ON THE WEBPLATFOMS AND APPS ON WHICH THESE TERMS OF SERVICE ("Terms") RESIDE (COLLECTIVELY, THE GAMES, WEBSTIE AND WEBPLATFOMS AND APPS ARE "THE PLATFORM") ARE STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE GAMES DO NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THESE GAMES, AND NO ACTUAL MONEY IS REQUIRED TO PLAY. PRACTICE OR SUCCESS AT SOCIAL CASINO GAMING DOES NOT IMPLY FUTURE SUCCESS AT REAL MONEY GAMBLING. By using the Platform, you certify that you are at least 18 years of age.
These Terms form a legal contract governing the relationship between visitors and users ("You/Your/Yourself," as applicable) of www.VegasLit.com or its Android and iOS downloadable applications (the "Platform") and the services provided through the Platform (the "Services") by the proprietor of the Platform, a company incorporated under the laws of the State of Nevada USA ("We/Us/Our" or the "Company"). This Platform is not available to residents of the State of Washington USA and use of this Platform from the State of Washington USA is strictly prohibited.
Your agreement to these Terms includes your agreement to individually arbitrate any and all claims arising out of or in connection with these Terms or the Platform pursuant to the Federal Arbitration Act and subject to the terms below (Section 17, "Agreement to Arbitrate and Class Action Waiver"). Your agreement expressly covers claims that arose before or after the effective date of the Agreement to Arbitrate and Class Action Waiver. By accessing the Platform or Services, or by otherwise indicating you consent (for example, by clicking "I accept",) You acknowledge You have read the Terms in their entirety and understand and agree to be bound thereby. Our privacy policy (the "Privacy Policy"), available here forms part of the Terms. Do not access the Platform or use the Services unless You agree to be bound by the Terms and the Privacy Policy.
The Games and Platform are permitted for use only by persons 18 years of age or older. By playing the Games or using the Platform you certify that you meet that requirement.
The Platform and the Games it contains are free to play and do not require purchase of any kind. You may claim a certain amount of Game Currency without charge upon your initial login and you may claim additional amounts of Game Currency without charge at recurring time intervals. "Game Currency" means virtual "coins" or "points" or other virtual items that may be needed in order to play the Games. If you exhaust your supply of available Game Currency, you may wait until additional free Game Currency is available to you. Game Currency is licensed to you from the Company for your use on the Platform, subject to the limitations and other terms set out in greater detail below.
From time-to-time we may update this Platform. Company may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, or change the content of the Platform, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and that Company will have no liability to you if this Platform is discontinued or your ability to access the Platform or any content you may have posted on the Platform is terminated. You further agree that Company will not be liable for any modification or suspension of the Platform. The Platform routinely receives updates and upgrades, and these Terms may also be revised from time to time. You must check these Terms periodically. Company reserves the right to change, modify or amend these Terms at any time in its sole discretion. If these Terms are revised, such revision shall take place immediately and your continued use of the Platform indicates your acceptance of the revised Terms as to your use of the Platform both before and after the revision. If you do not agree to any revised Terms, you should discontinue use of the Platform. GENERALLY, ACCOUNTS CREATED WITH THE COMPANY WILL BE CONSIDERED ACTIVE UNTIL COMPANY RECEIVES A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, COMPANY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Content on this Platform that is provided by Company or its licensors, including certain graphics, photographs, images, screenshots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (or "Content") is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content may not be used without the express written consent of Company. You do not acquire any ownership rights by using the Platform. All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Company in connection with use of the Platform shall be the property of Company. You agree that unless otherwise prohibited by law, Company may use, sell, exploit, and disclose the Ideas in any manner, without restriction and without compensation to you, and that Company will not be required to treat any Ideas as confidential. Posting of Ideas to or through the Platform, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of Ideas, nor is it to be implied by our review or subsequent use of your Ideas. The Company shall not be liable for any disclosure of any Ideas, including opinion(s) or suggestion(s) you post to or through the Platform. You acknowledge that you are responsible for whatever material you submit, and you, not Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You agree not to download, display, use, copy, redistribute, publish, or otherwise exploit any Content located on the Platform for use in any publications, in public performances, on websites other than this Platform, for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company's or its licensor's property, or that otherwise infringes Company's or its licensors' intellectual property rights. You further agree to in no other way misuse any Content or third party content that appears on this Platform. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please provide the following information either to info@vegaslit.com or the address listed below:
We may amend the Terms from time to time. Before amendments take effect, notice of such amendments will be posted prominently on the Platform for at least thirty (30) days. By continuing to use the Platform and/or Services after such amendments come into force, You agree to the amended Terms. If You do not agree to the amended Terms, You must stop using the Platform immediately.
Subject to these Terms, Company grants you a non-exclusive, non-transferable, revocable limited license to use and display the Platform and related software (excluding source and object code) for your personal (or household) non-commercial use. As a condition of your use of and access to the Platform, you agree to comply with the following requirements, which are provided as an example rather than as a limitation, and any application or game specific rules published within the Platform: (a) you will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, ridiculing, mocking, disparaging, intimidating, embarrassing, obscene, offensive, threatening, or hateful, promoting violence or describing how to perform a violent act; or promoting or constituting illegal activity; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not use the Platform to violate the contractual, personal, intellectual property or other rights of any party; (d) you will not collect or store personal data about other users; (e) you will not use the Platform for any commercial purpose not expressly approved by Company in writing; (f) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (g) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; (h) you will not be in violation of these Terms or the game rules of conduct; (i) you will not reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Platform creates to generate web pages or any software or other products or processes accessible through the service; (j) you will not upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms"); (k) except as may be the result of standard search engine or Internet browser usage, you will not use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper, or offline reader that accesses the Platform, or use or launch any unauthorized script or other software; (l) you will not sell the Platform or any part thereof, including but not limited to "Virtual Goods" ("Virtual Goods" include, but are not limited to, in-game virtual trophies, virtual badges, and other virtual items) or Game Currency, user accounts and access to any third party in exchange for real currency or items of monetary value; or (m) you will not engage in cheating or any other activity deemed by Company to be in conflict with the spirit or intent of the Platform. Company does not control or endorse the content, messages, or information found in any user-content portions of the Platform or external sites that may be linked to or from the games or their forums, and, therefore, Company disclaims any responsibility with regard thereto. Company reserves the right to disable any account that has been involved in any activity that is in violation of any of the provisions of these Terms or of any individual deemed to be acting or using the Platform in a manner that is harassing or otherwise disruptive of the Platform. Company also reserves the right, but has no obligation, to monitor disputes between you and other Platform users. You agree that Company and Company's third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Platform access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform. You grant Company the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Company believes you may be interested, including working with third parties who provide targeted advertising content. You expressly consent to receive push notifications from and on behalf of Company.
The Platform provides information on sports betting websites and betting, in general (the "Information"). The Information may include reviews of betting websites, odds, and ostensible advice. The Information is for entertainment purposes only and should not be relied upon when placing wagers on anything. By visiting the Platform, You confirm You will not rely on the Information to place any wagers on the outcome of any sporting event. You also acknowledge that, by wagering on the outcome of an event outside Your direct control, such as a sporting event, You may be breaking laws in Your jurisdiction. You also acknowledge that, by wagering, You stand to lose some or all of the monies wagered. You agree that We, as well as Our directors, offices, employees, contractors, affiliated companies, or suppliers, shall not be liable in any way for any losses incurred by You as a result of wagering on any event.
From time to time, We may operate games, contests, or promotions on or through our Platform (such games, contests, or promotions, the "Activities" and each an "Activity"). Your participation in any Activity will be subject
to and governed by the applicable Activity rules we will post on our Platform (the "Rules") and any other rules and regulations applicable to such Activity. You must read and accept the Rules before any participation in any
Activity. All Rules we post on our Platform are incorporated into and form part of these Terms. If the Rules conflict with any of these Terms, the Rules will govern to the extent of the conflict.
Company reserves the right to block any persons' access to the Activities for any reason in the Company's sole and arbitrary discretion. Participation in an Activity may require registration of an account on our Platform.
The Platform may contain links to third-party websites, services, products, or content ("Third-Party Content"). We do not own, control or license any such Third-Party Content and We make no endorsements, representations, guarantees, or warranties related thereto. If You click on any link posted on the Platform, You do so at Your own risk and agree that We shall not be liable for any harm or loss You may suffer as a result.
The Platform is intended only for individuals, who are at least 18 years of age and who are of the age of majority in their jurisdictions and where such Activity is not illegal in the jurisdiction. By using the Platform, You warrant that You are a resident of in a jurisdiction where the Activity is legal, that you are at least 18 years of age and that you are the age of majority in Your jurisdiction. If You are under the age of 18 or the age of majority in Your jurisdiction and/or if You jurisdiction prohibits the Activity, You agree to stop using the Platform immediately.
Company makes no representations about the accuracy of information on the Platform or reliability of the features of this Platform, the Content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Content will be preserved. Company does not endorse, verify, evaluate or guarantee any information or the accuracy of any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any website which contain or suggest an endorsement by Company without the prior review and written approval of Company. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THIS PLATFORM (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION CONTAINED HEREON AND ALL, GAME CURRENCY, AND SERVICES) IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM, GAME CURRENCY, OR ANY INFORMATION OR SOFTWARE THEREIN. WITHOUT DEROGATING FROM THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS ("COMPANY PARTIES") WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ACTIONS FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR BREACH OF WARRANTY, OR OTHERWISE, SHALL COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, BUSINESS, GOODWILL OR DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM OR GAME CURRENCY, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM'S RECORDS, PROGRAMS, OR SERVICES, EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY PARTIES OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, OR GAME CURRENCY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, OUR LIABILITY TO YOU AND YOUR ABILITY TO RECOVER DAMAGES FROM THE COMPANY PARTIES SHALL BE LIMITED TO FEES YOU PAID TO PURCHASE GAME CURRENCY, IF ANY, AND NO OTHER FORM OF OR GREATER DAMAGE SHALL BE PERMITTED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY AS SET FORTH IN THIS SECTION; AS A RESULT, AND SOLELY TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATION(S) OR EXCLUSION(S) MAY NOT APPLY TO YOU.
You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, agents, and website contractors and each of their officers, employees and agents harmless from any claims, losses, damages, liabilities, and expenses, including legal fees and costs, related to your use or misuse of the Platform, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Platform (including, without limitation, Ideas), your infringement or violation of any rights of another, termination of your access to the platform, any violation of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company's defense of these claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your account or of the Platform.
The use of the Platform app requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from Company, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform. Company may, at its discretion, automatically download Platform updates to your device from time to time. You agree to accept these Platform updates, and to pay for any costs associated with receiving them. The Platform may not work with all devices or all mobile carriers. Company makes no representations that the Platform will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
If you download and use our iPhone or iPad App: You, the end-user of this Platform, acknowledge that this agreement is entered into by and between Company and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Platform and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Platform. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This agreement incorporates by reference the Licensed Application End User License Agreement (the "LAEULA") published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, the Platform is considered the "Licensed Application" as defined in the LAEULA and Company is considered the "Application Provider" as defined in the LAEULA. If any terms of these Terms conflict with the terms of the LAEULA, these Terms shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party's intellectual property rights) or your use or possession of the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
The Platform is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Platform. These laws include restrictions on destinations, end users and end use. You may not use or otherwise export, re-export, divert, transfer, or disclose any portion of the Platform or any related technical information or materials, directly or indirectly, except as authorized by United States law and the laws of the jurisdiction in which the Platform was obtained. In particular, but without limitation, the Platform may not be exported, re-exported, diverted, transferred, or disclosed (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. You also agree that you will not use the Platform for any purposes prohibited by United States law.
YOU agree to irrevocably waive ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS PLATFORM AND/OR THESE TERMS.
These Terms will be governed by and construed in accordance with the internal laws of Nevada without regard to conflict or choice of laws principles. Each of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods is hereby expressly excluded and will not apply to these Terms.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE PLATFORM OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE (AND RECOVERY SHALL BE LIMITED TO THAT ONE-YEAR PERIOD) OR BE FOREVER BARRED. Subject to the provisions of Section 19, all disputes arising out of or connected with these Terms or the Platform must be brought exclusively in the federal or state courts located in Clark County, Nevada, and the parties hereby submit to the jurisdiction thereof.
If any provision of the Terms, or its application, is invalid, the remainder of the Terms will not be affected.
Subject to Section 16, these Terms, together with the Rules and our Privacy Policy, constitute the sole and entire agreement between you and Fresh Prep regarding the Platform and its content and services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
No other representations, warranties, covenants, or conditions are to be implied into the Terms.
Your use of and access to the Platform is subject to any other written and duly executed contracts you may have with Us.
If We waive any violation of the Terms, that waiver shall not function as a waiver of any subsequent violation. No waiver shall be inferred from or implied by anything done or omitted by Us, save only an express waiver in writing.
Sections 13 and 17 of the Terms shall survive any termination of the Terms.
You acknowledge and agree that your acceptance of these Terms and your use of the Platform constitutes your "electronic signature" indicating your desire to use the Platform. Your "electronic signature" indicates your acceptance of this Agreement, and your consent to receive communications about this Agreement electronically.
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