TERMS OF SERVICE
These Terms of Service (“Terms”) governs your use of any mobile application (“App”), online games (“Games”), certain promotions and giveaways that may be sponsored by either us or third party companies (“Promotions”) and the game client, server software and web technologies and branded websites used to provide the Games and Promotions (collectively, the “Platform”), or related services (collectively, any Apps, Games, Promotions, and the Platform are referred to as the “Service”) provided by Pala Interactive, LLC., (“PI”) and the Pala Band of Mission Indians dba Pala Casino Spa and Resort (“PSCR”) (collectively, “PI” and “PSCR” referred to as “Pala”).
By using the Platform, playing any Game, participating in any Promotion, or downloading and installing any App, you acknowledge and agree that you have read and understood these Terms and agree to be bound by them. If not, do not download or use the App or use the Service.
2. REGISTRATION RESTRICTIONS.
To be eligible to register for an Account, you must be a legal resident of the Unites States or Canada and at least 21 years old. By linking the Platform with your Third Party Account, you promise that you are 21 years or older, even if the rules and policies of your Third Party Account allow you to create an account without being 21. You may only create one Account. If you create multiple Accounts, we reserve the right to delete any or all of your Accounts without any liability to you.
In addition, certain states may restrict or prohibit its residents from playing some Games or participate in some Promotions. The Services are void where prohibited by applicable law. You may not register for and use the Service if you are prohibited doing so by the laws of your State. Also, you are prohibited from registering an Account or using the Service if you have previously had your Account cancelled by Pala or if you have previously been banned or barred as a player or guest by Pala.
You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
You agree not to allow a third party to use your Login Credentials at any time. We reserve the right to terminate any username and password, which we reasonably determine may have been used by an unauthorized third party. The Services are provided for entertainment purposes only and are not intended to facilitate or support any form of real-world gambling.
We reserve the right, at any time, to take reasonable steps to verify your compliance with these Terms, including verifying your age, identity, and place of residency. We may use technological, administrative, or any other legally permitted method to verify your information, including by using age-gating, geo-gating, and location tracking tools.
3. PAYMENTS; CHARGES.
a. It is generally free to download the App, use the Platform, or register for an Account. You will never be asked to pay any consideration or entry fee to participate in a Promotion.
b. The Service include the opportunity to enhance your game play by using real-money to purchase virtual, in-game upgrades, such as virtual coins, play chips, XP credits, gems, or other items (“Tokens”). In addition, you may earn Tokens by participating in certain advertising offers.
c. All purchases of Tokens are final and non-refundable. Tokens may not be exchanged, sold, bartered, or otherwise transferred outside the Service. Pala reserves the right to take any action that it deems reasonable in the event you violate this restriction, including terminating your Account, banning you from Pala, and/or taking any legal action against you that Pala deems appropriate. Pala retains the right to manage, control, modify and/or eliminate Tokens any time at its sole discretion. Prices and availability of Tokens are subject to change without notice. Further, Pala reserves the right to refuse any purchase of Tokens for any reason.
d. You agree to pay us the applicable charges for any Tokens that you purchase, including applicable taxes, using a valid payment instrument (e.g., credit card, debit card, PayPal, or Facebook Credits)(“Payment Method”) that is connected to your Account and is used to purchase Tokens by using your Login Credentials, even if such purchases are made by minors. If your Account is charged for items you did not purchase or that were not purchased using your Login Credentials, or you were charged an incorrect amount, you may request a refund or correction in accordance with the policies of the applicable Payment Method payment provider policy. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of purchases that you authorized or accepted. You agree that you shall not receive a refund for any unused Tokens when an Account is closed, regardless of whether your Account is closed by you or by Pala.
4. PROMOTIONS; PRIZES.
a. From time to time, the Service may allow you to participate in Promotions where you may have the chance to win prizes. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO WIN A PRIZE IN ANY PROMOTION. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR ABILITY TO WIN ANY PRIZE.
b. Pala will list available Promotions in the “Tournament Lobby” section of the Service and shall publish a link to the official rules and terms and conditions (“Official Rules”) for each Promotion in the Tournament Lobby. Unless the individual Official Rules say otherwise, the following Official Rules will apply:
i. You must be a legal resident of, and physically present in, any of the United States (other than Michigan, Mississippi, Montana, Oklahoma, or South Dakota), the District of Columbia, or of Canada (excluding Quebec), 21 years of age or older, and physically present in the United States or Canada (excluding MI, MS, MT, OK, SD, or Quebec).
ii. Each Promotion will be valid only for the period of time listed in the Official Rules. All prizes (“Prizes”) are provided either by Pala or directly from participating third-party advertisers (“Brands”). You ware be responsible for any and all federal, state, provincial and/or local taxes resulting from your acceptance of a Prize. Prizes are not assignable or transferable and no cash equivalent or substitution of any Prize is allowed except in Pala’s sole discretion.
iii. Locations in which Prizes are offered are subject to change.
iv. The method of entry into a Promotion and the available Prizes (and approximate retail value of the Prizes) will be described in the Tournament Lobby.
v. Employees of Pala, and any applicable Brand for that Promotion, and members of their immediate families, are not eligible to enter.
vi. Each entrant in a given Promotion will be allocated an equal number of chips, coins or any other mechanism used to keep score (collectively “Chips”) to use in that Promotion. Chips are free, have no value, cannot be purchased, sold, bartered, exchanged, or otherwise used for any purpose other than for competing in the specific Promotion for which they were issued. All Chips expire immediately at the end of the applicable Promotion.
vii. Tournament Chips are never allocated to your Account and have no validity of any kind outside of the specific tournament in which they are issued.
viii. Pala reserve the right to cancel, terminate, modify or suspend any Promotion.
c. Where a Prize is being provided by a Brand, you agree that such Brand is the sole issuer of the Prize and is solely responsible for fulfilling and delivering the Prize. The Brand is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use, receipt, or redemption of a Prize. You waive and release Pala and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Brand in connection with your receipt or use of a Prize.
d. There is no limit to the number of Promotions in which you can participate.
e. The winner of each Promotion will be selected based on the skill of players in that tournament and odds of winning depend on number of other participants.
f. If any potential Prize winner is found to be ineligible, or if irregularities are detected, or if he/she declines or fails to claim a Prize for any reason, Pala reserves the right to disqualify the potential Prize winner and the prize may be forfeited.
g. By entering a Promotion, you grant to Pala a worldwide, royalty-free, irrevocable right and license to use and disclose your name, as submitted in connection with the Promotion and as recorded in your Account and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval, unless otherwise prohibited by law.
h. For the name[s] of the winner[s] send a self-addressed stamped envelope to: Pala Casino Spa and Resort., c/o Social Winners List, 35008 Pala Temecula Road, PMB 40; Pala, CA 92059. Winner List requests will only be accepted after the applicable Promotion’s end date and requests must be received no later than thirty days after such end date.
a. The Service may provide you with the ability to earn virtual reward points (“Points”) that may be redeemed for real-world rewards, such as a voucher for a complimentary meal, event, or room at the Pala Casino Spa and Resort or other merchandise (each a “Reward”). You earn Rewards by participating in certain actions via the Service, such as social participation, login, participation in certain in-game offers or other such in-game actions. POINTS ARE NOT AWARDED BASED UPON THE OUTCOME OF ANY GAMES.
b. You may redeem Points for pre-determined Rewards in the rewards store available via the Service (the “Rewards Store”). The Rewards Store will display all Rewards available to you based on your membership level in any applicable rewards program offered by Pala in which you are enrolled. Rewards may be limited in quantity and other restrictions may apply including blackout dates, quantity limits, and subject to expiration dates. Rewards have no cash value and are non-transferable. You may not sell, trade, barter, bequeath or in any way transfer any Reward to any other party. Any attempt to do so will invalidate the Reward and may result in the termination of your Account.
c. In order to claim a Reward, you must link your Account with your Pala Privileges Card and agree to any additional Reward terms and conditions. If you do not have a Pala Privileges card, you will need to enroll prior to being able to claim rewards. Eligibility requirements apply and enrollment may not be instantly available. Upon redeeming Points for Rewards, you may need to follow specific instructions to receive your Reward. Rewards may be cancelled and you will receive a refund of your Points for up to 24 hours following redemption of Points for the Reward. You will not receive a refund for Rewards that have expired. In the event that a Reward that you have claimed is unavailable for any reason, Pala may at its sole discretion refund the Points used to purchase the Reward.
d. If you have not logged in to your Account for more than thirty (30) consecutive days, your Account will be deemed inactive and your Points are subject to immediate expiration. Inactive Accounts may be reactivated at any time by logging in and playing a Game. However, Points that expired due to inactivity will not be refunded.
e. Points remain the property of Pala and may not be exchanged, sold, bartered, or otherwise transferred inside or outside the Service with other users or third parties. Pala reserves the right to take any action that it deems reasonable in the event you violate this restriction, including terminating your Account, banning you from Pala, and/or taking any legal action against you that Pala deems appropriate. Pala retains the right to manage, control, modify and/or eliminate Points any time at its sole discretion. Redemption rates, availability, and other such modifications of Points are subject to change without notice, as permitted by applicable laws. Further, Pala reserves the right to refuse the redemption of any Points for any reason.
6. LICENSES; OWNERSHIP.
a. The Service (including the use of Pala’s name, any Games or Promotions, and the Apps, all client-side software, server software, web technologies, source code, characters, character names, stories, dialogue, concepts, artwork, photography, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, and recordings of Games played using the Services)(“Content”) are, as between you and Pala, the sole and exclusive property of Pala. Without limitation, Pala reserves all rights, including all intellectual property rights or other proprietary rights, connected with the Service.
b. You agree that you shall have no ownership or other property interest in the Service, your Account, your Points, or any Tokens in your Account, including any Tokens that constitute virtual items in a playable form, whether such Tokens were earned by activities or purchased. You are expressly prohibited from transferring or purporting to transfer any Content or Tokens outside of any mechanism provided within the Service. This prohibition expressly includes any attempted or purported sale, gift or trade in the “real world” of any Token, Chips, Points, or Account.
c. Pala grants you a personal, revocable, limited, non-transferable license to: (i) access and use the Service and the Content solely for your own, private, non-commercial entertainment purposes (ii) download and use the App on any iPhone, iPad or iPod Touch, Android enabled device, or Amazon Fire enabled device, as applicable, to the extent permitted by the rules and policies of set the App Store, the Google Play store, or the Amazon.com application store (in each case, the “Usage Rules”). The Service is always evolving and the form and nature of the Service that Pala provides may change from time to time without prior notice to you. In addition, Pala may stop (permanently or temporarily) providing the Service (or any features within the Service) at any time and without prior notice. If the Service or any part thereof is determined to be illegal under the laws of the State in which you are situated, you agree not to use the Service and this license is void. All updates and upgrades to any portion of the Service will be governed by the version of these Terms published by us as of the date you install or use such update or upgrade. Any rights not expressly granted herein are expressly reserved. We also retain the right to create limits on use at our sole discretion at any time without prior notice to you.
d. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. Termination may result, in Pala’s sole discretion, in the cancelation, revocation or adjustment of any Tokens, Points, Chips, Rewards, or any other related virtual item on the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.
7. USER CONTENT.
a. The Service may provide functionality that allows you to upload certain text, images, or other content (“UGC”). As between you and Pala, you remain solely responsible for any UGC you post and for any consequences thereof. Any use or reliance on any UGC or other materials posted via the Service or obtained by you through the Service is at your own risk.
b. Pala reserves the right, but not the obligation, to monitor your UGC at any time, for any reason, and to remove any UGC that Pala in its sole discretion, finds to be in violation of these Terms or otherwise objectionable.
c. The UGC you submit, post, or display will be able to be viewed by other users of the Service and through third party services and websites. You should only provide UGC that you are comfortable sharing with others. What you say via the Service may be viewed by other users instantly. You are expressly prohibited from posting any UGC that is false, fraudulent, inaccurate, misleading, unlawful, harassing, defamatory, offensive, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, encourages criminal conduct or conduct that could give rise to civil liability, or that infringes upon any copyright, trademark, service mark, or other intellectual property right or proprietary right of any third party (“Prohibited Content”).
d. Pala does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any UGC or communications posted via the App or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to UGC that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Pala be liable in any way for any UGC, including, but not limited to, any errors or omissions in any UGC, or any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
e. You will not upload, post or otherwise make available, any UGC that is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Pala does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the App, you warrant that the owner of such material has expressly granted Pala the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store, or reproduce the material for that User’s personal use. You also grant Pala the right to edit, copy, publish and distribute any material that you make available via the Service.
f. Pala reserves the right to access, read, preserve, and disclose any UGC and related information that Pala reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Pala, its users and the public.
g. As between Pala and you, all rights in and to any UGC remain with the user that submitted the UGC to the Service. You agree, acknowledge, represent, and warrant to Pala that: (i) you own or have all necessary rights and permissions to upload and post UGC via the Service and grant Pala the rights herein; (ii) that your UGC does not contain any Prohibited Content; (iii) and that your UGC constitutes information residing on our systems or networks at your direction under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).
f. You agree to indemnify, defend, release and hold Pala and Pala’s agents, affiliates, and representatives, representatives , directors, officers, and employees harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (i) any UGC submitted by you; (ii) activity that occurs through or by use of your Account; (iii) your use of or reliance on any UGC; (iv) your interaction with any other user of the Service; or (v) your violation of these Terms. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by Pala.
g. By submitting, posting or displaying UGC on or through the App, you grant Pala a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works of, and distribute such UGC in any and all media or distribution methods (now known or later developed). Pala may modify or adapt your UGC in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your UGC as are necessary to conform and adapt that UGC to any requirements or limitations of any networks, devices, services or media. You agree that this license includes the right for Pala to make such UGC available to other companies, organizations or individuals who partner with Pala for the syndication, broadcast, distribution or publication of such UGC on other media and services. Such additional uses by Pala, or other companies, organizations or individuals who partner with Pala, may be made with no compensation paid to you with respect to the UGC that you submit, post, transmit or otherwise make available through the App. You are responsible for your use of the App, for any UGC you provide, and for any consequences thereof, including the use of your UGC by other users and our third party partners. You understand that if you do not have the right to submit UGC for the uses described in this Section, you may be subjected to liability. You also represent and promise that you have obtained a release and consent from every person included in a photo and that you will not submit any photo to any Game that violates any right or privacy or publicity.
8. LINKED SITES AND ADVERTISERS.
a. The Service may include advertisements. The types and extent of advertising by Pala on the Service are subject to change. In consideration for Pala granting you access to and use of the Service, you agree that Pala and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
b. The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Pala of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
9. RESTRICTIONS ON USE OF THE SERVICE.
a. You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, Pala’s computer systems, or the technical delivery systems of Pala’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Pala (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Pala; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the App, or any portion of Service to send altered, deceptive or false source-identifying information; (v) develop, distribute, exploit, use, or publicly inform other users of cheats, automation software, bots, hacks, modes, game error or bug which give users an unintended advantage, or any other unauthorized third party software or application; (vi) participating in any form of collusion with other users, unlawful activities, using unfair or external factors or influences, or fraudulent practice that influence the Service to your advantage or your disadvantage; or (vii) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of UGC in such a manner as to interfere with or create an undue burden on the Service.
10. COPYRIGHT POLICY.
a. Pala respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your UGC has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
b. We reserve the right to remove UGC alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Pala will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the App is: email@example.com
YOUR ACCESS TO AND USE OF THE SERVICE, ANY PORTION THEREOF, OR ANY CONTENT, AND YOUR PARTICIPATION IN ANY GAME OR PROMOTION OR ANY ACTIVITY RELATED TO ANY GAME OR PROMOTION, IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, PALA DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY CONTENT THEREON. PALA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE, OR ANY CONTENT. YOU ALSO AGREE THAT PALA HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY UGC AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PALA OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. PALA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR, AND YOU ASSUME ALL LIABILITY AND RESPONSIBILITY FOR, ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN ANY GAME OR PROMOTION OR ANY ACTIVITY IN CONNECTION WITH A GAME OR PROMOTION.
12. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PALA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PALA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
14. WAIVER AND SEVERABILITY.
The failure of Pala to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
15. CONTROLLING LAW AND JURISDICTION; ARBITRATION.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
a. Except for a claim by Pala of infringement or misappropriation of Pala’s patent, copyright, trademark, or trade secret, any and all disputes between you and Pala arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the App. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Pala must abide by the following rules: (i) the arbitration shall be conducted solely based on written submissions; and (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in San Diego, California. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction.
b. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated will be brought solely in San Diego, California, and shall be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence that would result in the application of the laws of a state other than California. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law principles that would result in the application of the laws of a state other than California). Claims of infringement or misappropriation of Pala’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in San Diego, California.
c. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST PALA ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Pala and you acknowledge that these Terms are concluded between Pala and you only, and not with Facebook, Inc., Apple, Inc., Amazon, Inc., or Google, Inc. Pala, not Apple, Inc., Amazon, Inc., or Google, Inc., is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App that are less restrictive than the Usage Rules set forth for the App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
17. SCOPE OF LICENSE.
The license granted to you for the App is limited to a non-transferable license to use the App on an iOS, Android, or Amazon Fire Product or on the Facebook platform that you own or control and as permitted by the applicable Usage Rules.
18. MAINTENANCE AND SUPPORT.
Pala is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms (if any), or as required under applicable law. Pala and you acknowledge that neither Facebook, Inc., Apple, Inc., Amazon, Inc., nor Google, Inc. has any obligation whatsoever to furnish any maintenance and support services with respect to the App.
With respect to the App, Pala is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. With respect to any items listed for sale via the Service, however, the applicable User or Brand listing such item is solely responsible for all product warranties, if any. In the event of any failure of the App to conform to any applicable warranty, you may notify Facebook, Inc., Apple, Inc., Amazon, Inc., or Google, Inc., and Facebook, Inc., Apple, Inc., Amazon, Inc., or Google, Inc. will refund the purchase price of the App to you; and to the maximum extent permitted by applicable law, Apple, Inc., Amazon, Inc., or Google, Inc., will not have any other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Pala’s sole responsibility.
20. PRODUCT CLAIMS.
Pala and you acknowledge that Pala, not Facebook, Inc., Apple, Inc., Amazon, Inc., or Google, Inc., is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms do not limit Pala’s liability to you beyond what is permitted by applicable law.
21. INTELLECTUAL PROPERTY RIGHTS.
Pala and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Pala, not Apple, Inc., Amazon, Inc., or Google, Inc., will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
22. LEGAL COMPLIANCE.
You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
23. ENTIRE AGREEMENT; CHANGES TO THIS POLICY.
b. We may revise these Terms from time to time; the most current version will always be at http://www.mypalacasino.com/terms-of-service. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
Last Updated May 15 2017