Last updated and effective as of August 4, 2016
Welcome to the JACK Entertainment Social Gaming family of websites (collectively, the “Offerings”)! The Offerings are provided by Jack Entertainment LLC and Jack Ohio LLC (collectively, “JACK,” “Company,” “we,” or “us”) in partnership with GAN PLC, a company based in London, United Kingdom with its U.S. office address at Suite 125, 20801 W. Charleston, Las Vegas, Nevada 89135 (“GAN”). The internet gaming system platform and all gaming content contained on the Offerings (and any related mobile applications) is owned by GAN, © 2016 GAN PLC. All other content is owned by JACK, © 2016 Jack Entertainment LLC.
The Offerings include the following websites: www.play.jackentertainment.com
• THE OFFERINGS ALLOW YOU TO PLAY GAMES THAT ARE OWNED, OPERATED, AND CONTROLLED BY GAN (“GAMES”). GAN IS AN UNAFFILIATED THIRD PARTY, AND THE GAMES ARE SUBJECT TO GAN’S ADDITIONAL TERMS AND CONDITIONS AVAILABLE BELOW. WE ONLY PROVIDE THE WEBSITE THAT MAKES THE GAMES AVAILABLE TO YOU. WHEN YOU PLAY A GAME THAT IS MADE AVAILABLE ON ONE OF OUR OFFERINGS, YOU ARE INTERACTING DIRECTLY WITH GAN. SEE SECTION 11 FOR ADDITIONAL INFORMATION.
• USE OF ANY OFFERING IS SUBJECT TO CERTAIN ELIGIBILITY REQUIREMENTS (SEE SECTION 3), AND YOU HEREBY REPRESENT AND WARRANT TO US THAT YOU MEET SUCH ELIGIBILITY REQUIREMENTS. FURTHERMORE, YOU HEREBY EXPRESSLY CONSENT TO OUR PERFORMING VERIFICATION CHECKS TO ENSURE THAT YOU MEET SUCH ELEIGIBILTY REQUIREMENTS.
• WE WILL ONLY USE PERSONAL INFORAMTION PROVIDED BY YOU AS SET FORTH IN THE PRIVACY NOTICE, AVAILABLE AT www.play.jackentertainment.com/privacy. WE ENCOURAGE YOU TO FAMILIARIZE YOURSELF WITH THE OUR PRIVACY NOTICE. YOU SHOULD BE AWARE THAT WHEN YOU PLAY ANY GAMES, YOUR PERSONAL INFORMATION MAY ALSO BE USED BY GAN, AND MAY BE SUBJECT TO ADDITIONAL TERMS.
• NEITHER APPLE INC. NOR GOOGLE, INC. IS A SPONSOR OF ANY OF THE OFFERINGS, OR AFFILIATED WITH JACK OR GAN IN ANY WAY.
Must be 21 or Older. The Offerings and participation in the activities provided through the Offerings are restricted in certain circumstances. Participation in the activities and games is open only to residents of those jurisdictions where such participation is legal and not prohibited by law, including by way of age. Any Games that are made available to play online are only open to individuals who have reached the necessary legal age in the jurisdiction in which such individual resides. You cannot play under any circumstances if you are not at least 21 years of age. Use of any Offering by anyone under 21 years of age is prohibited and may result in (1) suspension or termination of such user’s account, (2) deletion of such account, or (3) voiding of any award of any virtual credits or Comps (defined below). By accessing, downloading, registering with, or using any of the Offerings in any way, you hereby represent, warrant and certify that (i) you are at least 21 years of age and an "adult" (as that term is legally defined within the jurisdiction in from which you are playing from) or the age necessary to participate in the Games, if the jurisdiction within which you playing from requires you to be over a certain age; (ii) you have the full, complete and unrestricted legal right to participate in the Games and your participation in the Games is not prohibited in your jurisdiction or by any other local rule, regulation or law; and (iii) participation in the Games is at your sole option, discretion and risk.
Verification Checks. In order to prevent use of the Offerings by individuals under 21 years of age, we reserve the right to carry out verification checks to verify the information provided by you, and you hereby expressly consent to our performing of such verification checks. We may use a third party for the purpose of verifying that you are 21 years or over. If we are unable to verify that you are 21 years of age or over, we reserve the right to ask you for proof of age, satisfactory to JACK in our sole discretion. If we are unable to confirm that you are 21 or over, then we will not be able to open an account for you until satisfactory proof of your age is provided.
International Use. The Offerings are available worldwide to anyone with Internet access. We are based in the United States. We make no claims that any of the Offerings or any of their content is accessible or appropriate outside of the United States. Access to any of the Offerings may not be legal by certain persons or in certain countries. If you access any of the Offerings from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We make no representation that any of the Offerings, or any of the content, is appropriate or available for use in locations outside of the United States.
Michigan Residents. If you are physically present in the State of Michigan, you are not entitled to purchase any virtual credits on the Offerings and we reserve the right to retroactively cancel or cause to expire all virtual credits acquired (including any virtual credits won as a result of such acquisition) by any person who is physically present in the State of Michigan. We may also, in our sole discretion and without any liability, decide to terminate any such account. You are deemed physically present in Michigan if you are registered as a resident in that State for tax, voting, or welfare purposes or for any other reason that we may deem to be sufficient evidence that you are a resident of the State of Michigan and/or are present in the State of Michigan.
BY ACCESSING, DOWNLOADING, REGISTERING WITH, OR USING ANY OF THE OFFERINGS IN ANY WAY, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE ANY OF THE OFFERINGS.
To access any of the Offerings or other features they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of any of the Offerings that all the information you provide on any of the Offerings is correct, current and complete. You agree that all information you provide to register with any of the Offerings or otherwise, including but not limited to through the use of any interactive features on any of the Offerings, is governed by our Privacy Notice, and you hereby consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any of the Offerings or portions of it using your user name, password or other security information. You are responsible for all activity conducted under your access credentials.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Offerings and their entire contents, features and functionality (including but not limited to all information, software, text, displays, graphics, images, illustrations, photographs, video, audio and other materials and the design, selection and arrangement thereof) (the “Content”), are owned either by us, GAN, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Certain products, services, or company designations for companies other than us may be mentioned in any of the Offerings for identification purposes only.
Third party trademarks, trade names, logos, product or services names contained on any of the Offerings are the trademarks, registered or unregistered, of their respective owners.
You may also link or hyperlink any publicly available page of any of the Offerings to a website that is owned by you, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Offerings may provide certain social media features that enable you to:
• link from your own or certain third-party websites to certain content on any of the Offerings;
• send e-mails or other communications with Content, or links to Content, on any of the Offerings; and
• cause limited portions of the Content on any of the Offerings to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the Content with which these features are displayed and otherwise in accordance with any additional terms and conditions we provide with respect to such features. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with our Acceptable Use Policy (available at www.play.jackentertainment.com/aup
The Games made available to you through the Offerings may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, or other interactive that allow you to interact with other users or post comment. The use of any such functionality or features is governed by GAN’s Terms and Conditions (below, and not JACK’s, so you should familiarize yourself with such terms and policies. See Section 11 below for more details.
We reserve the right to modify or terminate your access to any of the Offerings (or portions of any of the Offerings) at any time, temporarily or permanently, with or without notice to you. From time to time, we may restrict access to some parts of the Offerings, or the Offerings in their entirety, to users, including registered users, or charge fees for access to portions of any of the Offerings without notice or liability. We will not be liable if for any reason all or any part of any of the Offerings is unavailable at any time or for any period. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to any of the Offerings or portions of any of the Offerings.
As a convenience to you, any of the Offerings may provide links to websites and access to material, products and services of third parties, including without limitation, the Games (which are owned, operated and controlled by GAN), our third party business partners and licensors and each of our and their respective affiliates, licensees, successors and assigns with which our connection consists of only a hyperlink, including links contained in advertisements, including banner advertisements and sponsored links (“Linked Services”).
We do not author, edit or monitor these Linked Services. We have no control over the contents of those Linked Services, and accept no responsibility for them or for any loss or damage that may arise from your use of them or in your dealings with any third parties found on or through any of the Offerings. The inclusion of any link on any of the Offerings does not imply endorsement of the Linked Services by us or vice versa.
The Offerings may include content provided by third parties, including Content, User Contributions and Submissions and other information and materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services (“Third Party Content”). All statements and/or opinions expressed in such Third Party Content, and all articles and responses to questions and other content relating to any such Third Party Content are solely the opinions and the responsibility of the person or entity providing those materials. Third Party Content does not necessarily reflect our opinion. In addition, we do not warrant the accuracy, completeness or usefulness of any Third Party Content made available on or through any of the Offerings. Any reliance you place on such Third Party Content is strictly at your own risk. We are not responsible, or liable to you or any third party, for the Content or accuracy of any Third Party Content. We disclaim all liability and responsibility arising from any reliance placed on such Third Party Content by you or any other visitor to any of the Offerings, or by anyone who may be informed of any of such Third Party Content.
You will have the opportunity to accumulate loyalty points in ClubJACK through your participation herein (“Comps”). You must be 21 years of age or older to enroll in the ClubJACK program and you must enroll in the ClubJACK program in order to earn and redeem Comps. All terms and conditions applicable to ClubJACK as set forth on its website and in writing at the casinos apply and if you choose to enroll in the ClubJACK loyalty program you hereby agree to be bound by all such terms and conditions, policies and rules (available at:
JACK reserves the right to unilaterally change, amend suspend, cancel or terminate any aspect of the ClubJACK program, its benefits and/or its terms and conditions, in whole or in part, at any time, with or without notice for any or no reason. ClubJACK members agree that its membership and benefits, including but not limited to points, complimentary goods and services and tier credits are provided at the discretion of JACK and may be revoked, cancelled, modified or forfeited at any time at JACK’s sole discretion, with or without cause or notice. Any such change may affect your ability to use Comps that you have accumulated. You hereby agree that JACK shall have no liability to you as a result of such actions by JACK and ClubJACK and JACK are registered trademarks of JACK.
Although we try to provide complete, accurate, up-to-date information on our Offerings, it is not possible to ensure that any website is completely free of human or technological errors. The Offerings may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or any of the Offerings will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of the lost data.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE OFFERINGS AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS AND SERVICES PROVIDED ON THE OFFERINGS ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH US MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO: (i) THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ANY OF THE OFFERINGS; (ii) COMPUTER MALFUNCTIONS, NOR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAMES BY METHODS, MEANS OR WAYS NOT INTENDED BY US; OR (iii) LOST, LATE, ILLEGIBLE, INCOMPLETE, DAMAGED, MUTILATED, MISDIRECTED OR POSTAGE DUE ON MAIL OR ANY OTHER FORM OF COMMUNICATION.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH US REPRESENTS OR WARRANTS THAT: (A) ANY OF THE OFFERINGS WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY OF THE OFFERINGS OR ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS OR SERVICES OFFERED THROUGH ANY OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS OR SERVICES OBTAINED BY YOU THROUGH ANY OF THE OFFERINGS WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL WE OR ANY OF OUR THIRD PARTY BUSINESS PARTNERS, LICENSORS OR AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY OF THE OFFERINGS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON ANY OF THE OFFERINGS OR SUCH OTHER WEBSITES OR ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH ANY OF THE OFFERINGS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE (INCLUDING NEGLIGENCE AND STRICT LIABILITY), EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, NEITHER WE NOR GAN SHALL HAVE ANY LIABILITY WITH RESPECT TO (i) TECHNICAL, HARDWARE, SOFTWARE, TELEPHONE FAILURES OF ANY KIND; (ii) LOST OR UNAVAILABLE NETWORK CONNECTIONS; (iii) INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; OR (iv) ANY TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE PROCESSING OF SUBMISSIONS, WHICH MAY LIMIT YOUR ABILITY TO PARTICIPATE IN THE OFFERINGS, WHETHER CAUSED BY US, BY YOU OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THEP PROVISION OF THE GAMES AND THE OFFERINGS.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE DETERMINED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES ("COMMERCIAL RULES"). THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL, NON-REVIEWABLE, AND NON-APPEALABLE AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, AND ANY COURT WHERE A PARTY OR ITS ASSETS IS LOCATED (TO WHOSE JURISDICTION THE PARTIES CONSENT FOR THE PURPOSES OF ENFORCING THE AWARD). JUDGMENT ON THE AWARD SHALL BE FINAL AND NON-APPEALABLE. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR THE ARBITRATOR(S) MAY DISCLOSE THE EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH PARTIES, UNLESS TO PROTECT OR PURSUE A LEGAL RIGHT. THE SEAT OR PLACE OF ARBITRATION SHALL BE CLEVELAND, OHIO. THE ARBITRATION SHALL BE CONDUCTED AND THE AWARD SHALL BE RENDERED IN THE ENGLISH LANGUAGE.
CLASS ACTION WAIVER
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING OR CLAIMS (SUCH AS A CLASS ACTION, CONSOLIDATED ACTION OR PRIVATE ATTORNEY GENERAL ACTION) UNLESS BOTH YOU AND WE SPECIFICALLY AGREE TO DO SO FOLLOWING INITIATION OF THE ARBITRATION. NEITHER YOU, NOR ANY OTHER USER OF THE OFFERINGS CAN BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT YOU AND WE ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. IN THE ABSENCE OF THIS PROVISION, YOU AND WE MIGHT OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING DISPUTES IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS). EXCEPT AS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS THE RIGHT TO APPEAL AND TO CERTAIN TYPES OF DISCOVERY, MAY BE MORE LIMITED OR MAY ALSO BE WAIVED.
Copyright © 2016 Jack Entertainment LLC. All rights reserved.
JACK Entertainment, ClubJack, and their related designs are trademarks of Jack Entertainment LLC or its affiliated companies. All other trademarks are the property of their respective owners.
You may not make any copies of the Offerings, except as expressly permitted below (unless otherwise prohibited by GAN’s terms and conditions):
• your computer may temporarily store copies of such Content in RAM incidental to your accessing and viewing any Content;
• you may store files that are automatically cached by your browser for display enhancement purposes; or
• you may print or download one copy of a reasonable number of pages of the Offerings for your own personal, non-commercial use and not for further reproduction, publication or distribution if you include the copyright notice and other copyright and proprietary rights notices that are contained in the Content.
You must not:
• modify copies of any Content from any of the Offerings;
• use any Content, including illustrations, photographs, video or audio sequences or any graphics, appearing in any of the Offerings separately from the accompanying text;
• delete or alter any copyright, trademark or other proprietary rights notices from copies of any Content from any of the Offerings; or
• access or use for any commercial purposes any part of the Offerings or any services or any Content made available through or on any of the Offerings.
PROHIBITED USES OF THE OFFERINGS AND CONTENT
• delete, modify, hack or attempt to change or alter any of the Content on any of the Offerings;
• use any device, software or routine intended to damage or otherwise interfere with the proper functioning of any of the Offerings or servers or networks connected to any of the Offerings, or take any other action that interferes with other parties’ use of any of the Offerings;
• use any robot, spider, scraper, or other automatic or manual device or process to access any of the Offerings for any purpose, including monitoring or copying any of the Content on any of the Offerings other than for a generally available search engine;
• use any copyrights, service marks, trademarks or Content owned by us or a third party without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
• use any Content made available through any of the Offerings in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
• upload files or otherwise introduce files that contain viruses, malware, Trojan horses, worms, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
• in any way violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• transmit or send any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation;
• impersonate or attempt to impersonate or “spoof” us, any of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of any of the Offerings, the server(s) on which any of the Offerings is stored, or any server, computer or database connected to any of the Offerings or the security measures deployed to protect them;
• attack any of the Offerings via a denial-of-service attack or a distributed denial-of-service attack;
• engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of any of the Offerings, or which, as determined by us, may harm us or other users of any of the Offerings or expose them to liability; or
• you shall not allow any other person or third party including, without limitation, any minor, to participate in the Games; use or reuse your account; access and/or use any materials or information from the Offerings.
ADDITIONAL TERMS REGARDING LINKS
• establish a link from any website that is not owned by you;
• cause any of the Offerings, Content or portions of any of the Offerings or Content to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
• use a link to any of the Offerings that in any way suggests that we endorse you or your website or the content appearing on your website;
• use or present any of the Offerings or Content in any way that disparages us or tarnishes, blurs or dilutes the quality of our copyrights, trademarks or other intellectual property, including any associated goodwill;
• display a link to any of the Offerings on any web page that displays objectionable content or links, including but not limited to, any content or information that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party’s intellectual property or proprietary rights; or (iv) violates or encourages others to violate any applicable law; or
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
YOUR REPRESENTATIONS TO US
By accessing, downloading, registering with, or using any the Offerings (including playing any Game), you hereby represent, warrant and certify to us that:
• your participation in any Game is at your sole option, discretion and risk;
• you have the full, complete and unrestricted legal right to participate in the Games and your participation in such Games is not prohibited in your jurisdiction or by any other local rule, regulation or law;
• your interest in any Game and the Offerings is personal, and not professional; and
• you do not find the Games or the Offerings to be offensive, objectionable or indecent.
OUR RESERVED RIGHTS
We reserve the right to, and you acknowledge that we, without liability or responsibility, may in our absolute and sole discretion:
• decline to accept the registration of any person, including you, to this website; and
• restrict, discontinue, suspend or terminate access or use of the Offerings for any reason whatsoever.
Additional terms and conditions from GAN may apply with respect the Games.
Last updated and effective as of August 4, 2016
Welcome to the JACK Entertainment Social Gaming family of websites (collectively, the “Offerings”)! The Offerings are provided by Jack Entertainment LLC and Jack Ohio LLC (collectively, “JACK,” “Company,” “we,” or “us”) in partnership with GameAccount Network PLC, a company based in London, United Kingdom with its U.S. office address at Suite 125, 20801 W. Charleston, Las Vegas, Nevada 89135 (“GAN”). All gaming content contained on the Offerings (and any related mobile applications) is owned by GAN, © 2016 GameAccount Network PLC. All other content is owned by JACK.
We respect your privacy and are committed to protecting it through our compliance with this privacy notice (the “Privacy Notice”) for the Offerings. This Privacy Notice describes the types of information we may collect from you or that you may provide when you visit the Offerings and our practices for collecting, using, maintaining, protecting and disclosing that information. We have created this Privacy Notice in order to inform you of our firm commitment to safeguarding the privacy and security of information you provide.
Please read this Privacy Notice carefully before using any of the Offerings. We will treat any information we collect from you through any of the Offerings in accordance with this Privacy Notice. BY ACCESSING OR USING ANY OF THE OFFERINGS, YOU CONSENT TO ALL ACTIONS TAKEN BY US WITH RESPECT TO YOUR INFORMATION IN COMPLIANCE WITH THIS PRIVACY NOTICE. IF YOU ARE UNWILLING TO ACCEPT THE TERMS AND CONDITIONS OF THIS PRIVACY NOTICE, PLEASE DO NOT USE ANY OF THE OFFERINGS.
This Privacy Notice may change from time to time. Your continued use of any of the Offerings after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates.
1. APPLICATION OF THIS NOTICE
This Privacy Notice applies only to information collected through any of the Offerings, including in e-mail, text and other electronic messages between you and any of the Offerings.
This Privacy Notice does not apply to information collected offline or through any other means, including any other website operated by us or any third party.
PLEASE NOTE THAT WHEN YOU PLAY ANY GAMES AVAILABLE ON THE OFFERINGS, YOUR PERSONAL INFORMATION MAY ALSO BE USED BY GAN IN ACCORDANCE WITH GAN’S OWN PRIVACY POLICIES. GAN IS AN UNAFFILIATED THIRD PARTY.
If we learn we have collected or received personal information from a someone under the age of 21, we will delete that information. If you believe we might have any information from or about a person under the age of 21, please contact us by sending us an e-mail stating your request to firstname.lastname@example.org or contacting us in writing at the address provided below.
3. INFORMATION WE COLLECT
We collect several different types of information from and about users of the Offerings, including:
• information that is about you but does not identify you individually (“Anonymous Information”); and
• information by which you may be personally identified and is provided by you to us in certain areas of our Offerings (“Personally Identifiable Information”).
We collect this information:
• directly from you when you provide it to us;
• automatically as you navigate through the Offerings (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies); and
• from third parties such as, for example, our business partners and affiliates.
4. ANONYMOUS INFORMATION
As you navigate through and interact with any of our Offerings, we automatically collect certain Anonymous Information about your equipment, browsing actions and patterns, including details of your visits to our Offerings, including traffic data, location data, and the resources that you access and use on the Offerings, information about your computer and internet connection, including your IP address (a unique string of numbers that is automatically assigned to your computer by your Internet Service Provider), operating system and browser type.
The Anonymous Information we collect automatically is statistical data and does not identify any individual. It helps us to administer and improve our Offerings and to deliver a better and more personalized service by enabling us to estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Offerings according to your individual interests, speed up your searches and recognize you when you return to our Offerings. We do not collect Personally Identifiable Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
5. PERSONALLY IDENTIFIABLE INFORMATION
We collect Personally Identifiable Information directly from you when you provide it to us and from third parties, for example, our business partners and affiliates. The Personally Identifiable Information we collect on or through our Offerings may include:
• E-Mail Correspondence and Form Information. Scattered throughout the Offerings are links or forms that can be used to contact us so you can comment, make a complaint, make suggestions and ask questions, register to use our Offerings, post material or request further services. We may also ask you for information when you report a problem with our Offerings. Your email address is required on these forms so we can answer your questions. We may put information from email on file, and may share or transmit this information with third parties without express authorization from you, in order to provide you with any membership benefits you may receive as a member to one of our Offerings. By providing your email address, you are requesting that we communicate with you in that manner. To withdraw your request, or to unsubscribe, please contact us by sending us an e-mail stating your request to email@example.com or contacting us in writing at the address provided below.
• Newsletters and Other Communications. We offer visitors to the Offerings the opportunity to sign up to receive newsletters or other email communications from the Offerings, at your own request. In order to sign up for these communications, we ask for contact information, such as name and email address. We also may offer the opportunity for you to receive mailings from our business partners or affiliates that we think may be of interest to you. You can unsubscribe from these communications at any time through the unsubscribe link in each communication, contacting us via email at firstname.lastname@example.org or contacting us in writing at the address provided below. For more information about your opt out options, see “Advertisements and Opting Out” found in Section 7 of this Privacy Notice below.
6. HOW WE USE INFORMATION YOU PROVIDE
The information you share with us may be used in a few ways:
• Anonymous Information: Anonymous Information is used internally for administration, troubleshooting and to help improve the quality of this Offerings and their design. We may share such aggregated, non-personally identifiable information, such as demographics, without restriction, including with existing and prospective third party business partners, researchers and advertisers. In some cases, we might connect Anonymous Information with Personally Identifiable Information.
• Personally Identifiable Information: We may disclose Personally Identifiable Information that we collect or you provide as described in this Privacy Notice. In all cases, however, we will only use or disclose your Personally Identifiable Information as permitted by law and our agreements with you. Personally Identifiable Information collected by us or provided to us through the Offerings may be disclosed and used by us and our subsidiaries and affiliates as follows:
o to our subsidiaries and affiliates;
o for purposes including administration of the Offerings;
o to notify you about changes to our Offerings or any products or services we offer or provide through them;
o to allow you to participate in Interactive Features on our Offerings, and communications with you.
o to contractors, service providers and other third parties we use to support our business and only for the purposes for which we disclose it to them;
o to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of assets of us or our subsidiaries or affiliates, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personally Identifiable Information about our Offerings’ users is among the assets transferred;
o to fulfill the purpose for which you provide it;
o for any other purpose disclosed by us when you provide the information; or
o with your consent.
We may also disclose Personally Identifiable Information if we are required to do so by law or we in good faith believe that such action is necessary to (a) comply with any court order, law or legal process, including to respond to any government or regulatory request; (b) protect and defend our rights and property; (c) protect against misuse or unauthorized use of the Offerings; or (d) protect the personal safety or property of our users or the public. Please note that we may not provide you with notice prior to disclosure in such cases.
7. ADVERTISEMENTS AND OPTING OUT
We support the right of our visitors to choose. We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
• Tracking Technologies and Advertising. Users can opt out of cookies at any time. You can also set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. The Network Advertising Initiative provides instructions and information on how to opt out of communications: www.networkadvertising.org/choices
We may use Anonymous Information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personally Identifiable Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria and interact with you.
8. ACCESS AND CORRECTION
You have a right to know about the Personally Identifiable Information that we hold about you and gathered through the Offerings, including the right to correct, amend or delete the information that we have on file if it is incorrect. If you wish to exercise these rights please contact us by sending us an e-mail stating your request to email@example.com or contacting us in writing at the address provided below.
The Offerings incorporate safeguards designed to protect the security, integrity and privacy of the Personally Identifiable Information we have collected. We have put in place reasonable precautions to protect information from loss, misuse and alteration, including Secure Socket Layer (SSL) technology. While on a secure page, the lock icon on the bottom of Web browsers such as Microsoft Internet Explorer and Mozilla Firefox becomes locked, as opposed to unlocked, or open, when you are just "surfing".
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Offerings, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Offerings like message boards, forums or classifieds. The information you share in public areas may be viewed by any user of the Offerings.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to any of our Offerings. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on any of our Offerings.
While we strive to protect your personal information, we cannot ensure or warrant the security of any Personally Identifiable Information you transmit to us or through any of our Offerings. Once we receive your transmission, we will use reasonable efforts to ensure its security on our internal systems. Depending on the nature of the inquiry, your communication may be discarded or archived.
Please note that your email, like most, if not all, non-encrypted Internet communications, may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to us. For that reason, to protect your privacy, please do not use email to communicate information to us that you consider sensitive or confidential. If you wish, you may contact us instead via telephone at the numbers provided throughout our Offerings or at the address below.
10. EXTERNAL LINKS
The Offerings may provide links to various websites that we do not control. When you click on one of these links, you will be transferred out of our Offerings and connected to the website of the organization that you selected. Additionally, the Offerings make available to you Games that are owned, operated and controlled by GAN, and subject to GAN’s own terms, conditions, and privacy policies. You should familiarize yourself with such additional terms and policies before playing any Game.
We are not responsible for the nature, quality or accuracy of the content or opinions expressed on such websites, and such websites are not investigated, monitored or checked for quality, accuracy or completeness by us.
Inclusion of any linked website or services on our Offerings does not imply or express an approval or endorsement of the linked website or services by us, or of any of the content, opinions, products or services provided on such websites. Even if an affiliation exists between our Offerings and a third-party website or service, we exercise no control over linked sites or services.
11. CONSENT TO PRIVACY NOTICE
Our Offerings are controlled, operated and administered entirely within the United States. By using our Offerings, you signify your agreement to the terms of this Privacy Notice. If you do not agree with this Privacy Notice, please do not disclose any personal information through any of the Offerings.
This Privacy Notice and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.
12. SPECIAL NOTICE TO CALIFORNIA RESIDENTS AND USERS FROM OUTSIDE THE UNITED STATES
Under California Civil Code § 1798.83, residents of the State of California that have provided any Personally Identifiable Information to us have the right to request a list of all third parties to which we have disclosed Personally Identifiable Information during the preceding year for direct marketing purposes.
If you are a resident of the State of California and request information about how to exercise your third party disclosure choices, please send a request to firstname.lastname@example.org with a preference on how our response to your request should be sent.
Additionally, the California Online Privacy Protection Act requires us to disclose how we respond to “do-not-track” requests from our users. At this time, we do not currently respond to “do-not-track” requests from our users’ browsers.
In the event you visit our Offerings from outside the United States, please know that your information may be transferred to, stored, and processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Notice.
13. MODIFICATIONS TO PRIVACY NOTICE
We may modify this Privacy Notice at any time, at our discretion, and modifications are effective upon being posted at this URL.
It is our policy to post any changes we make to our Privacy Notice on this page. The date on which this Privacy Notice was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Offerings and this Privacy Notice to check for any changes.
If we make material changes to how we treat our users’ Personally Identifiable Information, we will notify you through a notice at this URL or by other reasonable means.
14. ACCOUNT REVISIONS, REVOKING AND DELETING PERSONAL INFORMATION
We welcome your questions, comments and all feedback pertaining to your privacy or any other issue with regard to the Offerings.
At any time, you may ask us to cease any further use of your email address and direct us to delete any Personally Identifiable Information you have supplied. Although it is not always possible to remove or modify such information, we will make reasonable efforts to do so. We cannot delete your Personally Identifiable Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you have given us information for one of those third parties we mentioned above and we have already passed it on, we may not be able to delete or change the information.
In the event that you have given us Personally Identifiable Information in the past and then have second thoughts or want to update it, or if you have any other questions regarding this Privacy Notice or the Offerings, you may contact us by sending us an e-mail stating your request to email@example.com or by contacting us in writing at the address provided below:
Jack Entertainment LLC
1 Woodward Ave., Suite 1100
Detroit, MI 48226
These Terms and Conditions were updated and are effective as of 00:00 Central Daylight Time (CDT) on August 4, 2016 and relate to that part of the Offering provided by GAN plc.
GAN plc a company based in London, United Kingdom with its U.S. office address at Suite 125, 10801 W.Charleston, Las Vegas, Nevada, 89135 (“GAN”). If you do not agree to these Terms and Conditions, do not use this website.
Save where otherwise stated, GAN shall be referred to as “GAN”, “us”, “we” or “our” and you are referred to as “you” or “your”.
This website, the games available on it (the “Game” or “Games”) and the underlying software and hardware platform is wholly hosted in a secure data center in Nevada.
2. COMPLIANCE STATEMENT
2.1 Free Play
The Games offered herein, are made available to eligible customers on a free-to-play basis and customers may elect to purchase additional virtual credits for their convenience and at their discretion. There is no distinction made in any game between freely issued virtual credits and those purchased for convenience.
2.2 No Prizes
The Games offer no monetary prizes or anything else that has independent marketable value.
2.3 Other Compliance
You may be awarded amounts of notional currency or virtual goods (together referred to in these Terms and Conditions as “Virtual Credits”) which can be used in order to access and play the Games. You may elect to pay real money to acquire additional amounts of Virtual Credit in order to continue playing or commence playing one or more of the Games. Virtual Credits awarded to or purchased by you cannot be withdrawn, transferred, refunded or shared in any way. Furthermore, Virtual Credits cannot be translated into money or money’s worth.
You cannot win money or money’s worth from your use of the Games in any manner whatsoever and accordingly this website is not enabled for Internet gaming nor does this website offer real money Internet gaming in any form or format whatsoever.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Credits on the website, you hereby accept that you have no right or title in or to any such Virtual Credits and that we have the absolute right to manage, regulate, remove, control, modify and/or eliminate such Virtual Credits as we see fit and GAN shall not have any liability to you and anyone for the exercise of such rights, except as may be required by any applicable law or regulation.
3.1 The Games found on play.jackentertainment.com, located under the ‘Online Casino’ navigation are a mixture of:
> Person-to-person or multi-player games; and
> Single-player games.
3.2 You accept and recognize that the Games are provided for entertainment purposes only and do not afford opportunities to win prizes, money or other form of real currency or goods for any particular game outcome.
4. SESSION COMPLETION
4.1 After a one player Game begins, it will continue until:
> you win;
> you lose;
> you resign; or
> your connection is terminated for any reason or the game window is closed.
4.2 In the event of a multi-stage single-player game where there is still active play of Virtual Credits on the table, the Game state may be stored and resumed at a later date.
After a person-to-person Game begins, it will continue until:
> you win;
> you lose;
> you resign; or
> your connection is terminated for any reason in which case you will be deemed to have lost the Game if you cannot reconnect to the Game while it is still in progress (please see the terms of our disconnection policy as set out below). If you lose your connection certain Games will allow your session to resume and you will be able to login to the website, re-launch the Game and continue playing. If you do not re-connect to continue an interrupted Game within thirty (30) days your Virtual Credits for such interrupted Game will be deducted or forfeited.
4.3 In the event that:
> a disconnection occurs; or
> you close the Game-lobby window (which closes all Game tables); or
> you close the Game-table window
your Game will be paused and your opponent notified of your disconnection. If you log back in and re-enter the Game lobby within two (2) minutes you will be given the opportunity to rejoin your Game table (the “Disconnect Protection”). If you do not reconnect within the two minute period your opponent will be deemed the winner and your Virtual Credits or Virtual Credit-liability will be deducted or forfeited.
4. Our software will attempt to detect whether there has been a genuine disconnection. If you try to claim Disconnect Protection by simply getting 'timed out', you will be deemed to have resigned from the Game. Disconnect Protection is not to be used for any purpose other than a genuine disconnection. Any intentional disconnections from the virtual Game lobby or virtual Game table may result in forfeiture or deductions of Virtual Credit winnings, or expulsion from the website.
4.6 In the unlikely event a real Game in progress is cancelled solely due to technical issues of our website, both players will be automatically refunded their Virtual Credit buy-ins, regardless of the players’ standing when the Game was stopped. We reserve the right to render final decisions on all matters concerning Game terminations or stoppages or other Game determination issues, at our sole discretion subject to any applicable laws and regulations. Refunds may be communicated via electronic mail or via the website.
5. AVAILABILITY OF GAMES
We reserve the right, in our sole and absolute discretion and without liability, to cancel or suspend a Game should a virus, bug, worm, communication or server failure occur or for any other reason we deem necessary.
6. MODIFICATION OF TERMS AND CONDITIONS
We reserve the right to modify and/or amend any of these Terms and Conditions from time to time as we deem fit. These Terms and Conditions contained herein may be modified and/or amended without notice to you. Any such modifications and amendments will take effect upon posting in this section of this website. You should check the website from time to time to review these Terms and Conditions because they are binding on you and your account. By your continued play and maintaining an account you agree to the terms and conditions of this website.
7. REPRESENTATIONS & WARRANTIES BY PLAYERS
By playing Games on the website, you hereby represent, warrant and certify all of the following:
> you are not required to participate in the Games;
> participation in the Games, if elected by you, is at your sole option, discretion and risk;
> you fully understand, agree to, become a party to and shall abide by all rules, regulations, terms and conditions contained herein and as such rules, regulations, terms and conditions may change from time to time;
> you have the full, complete and unrestricted legal right to participate in the Games and your participation in the Games is not prohibited in your jurisdiction or by any other local rule, regulation or law;
> you are at least 21 years of age and an "adult" (as that term is legally defined within the jurisdiction in which you are playing from) or the age necessary to participate in the Games, if the jurisdiction within which you playing from requires you to be over a certain age;
> you only have one account, username and password and understand that your account may be closed if you are deemed to be operating more than one account or username, or as otherwise set out under these Terms and Conditions;
> you shall not allow any other person or third party including, without limitation, any minor, to participate in the Games; use or reuse your account; access and/or use any materials or information from the website.
> you understand that you obtain no rights to any trade names, terms, graphics, text, concepts or methodologies of GAN, by using the website and the material contained therein;
> your interest in any Game and the website is personal, and not professional;
> your entering of the website is solely for your own personal entertainment and any other entrance, access, use or reuse of this website by you is strictly prohibited;
> you play the Games entirely at your own risk.
> you shall periodically review these Terms and Conditions;
> you shall not participate in the Games, open, use or reuse an account nor enter the website, if you do not fully understand, agree to, become a party to, and shall abide by, without exception, all rules, regulations, Terms and Conditions contained herein, and as may change or be amended from time to time;
> you do not find the Game or the website to be offensive, objectionable, unfair or indecent;
> we make no representations or warranties, implicit or explicit, as to the legal right for you to participate in the Games nor shall any of our employees, licensees, distributors, wholesalers, members, parents, affiliates, related parties, subsidiaries, advertising, promotion (or other agencies), media partners, agents or retailers have the authority to make any such representations or warranties;
> you acknowledge that the chat room facility is provided solely to enhance your or your opponent's enjoyment of a Game. You will not use the chat room facility to post any obscene, racist, sexist, defamatory, inflammatory or otherwise objectionable wording in accord with our Code of Online Conduct set out at Section 14 below. If you do so you will hold GAN harmless from any loss, damage, cost or expense of whatsoever nature or howsoever arising therefrom including but not limited to loss of business, profit, extraordinary or punitive damages, any fines or penalties. We may terminate your Account and your access to any Games for any violations of these conduct terms in our sole discretion;
> you acknowledge that we, without liability or responsibility, may in our absolute and sole discretion:
i) decline to accept the registration of any person, including you, to this website;
ii) restrict, discontinue, suspend or terminate access to the website or play on the website for any reason whatsoever;
iii) may cancel or expire all Virtual Credit promotional awards and confiscate any Virtual Credit winnings derived from tournament entries or wagers associated with any account the access to which has been restricted, discontinued, suspended or terminated pursuant to your breach of these Terms and Conditions as determined in our sole and absolute discretion. You acknowledge such Virtual Credit winnings as forfeited;
iv) actively scan Games on our website to ensure that no players are using any type of 'bot' or additional software in order to give themselves an unfair strategic advantage while playing a Game. We reserve the right to retrospectively cancel or expire all Virtual Credit promotional credit awards and terminate any account and confiscate any Virtual Credit winnings derived from tournament entries or wagers where we have detected, on review of customer's gameplay, that such aids have been used. Our decision, without liability or responsibility, is final on all accounts terminated; and
(v) retire, cancel or expire any Virtual Currency upon either the end of operating Games on the website or upon the replacement of the current Game system on the website with a different Game system on the website.
8. COLLUSION, CHEATING AND FRAUD
8.1 If you are playing any Game against or seated with other players of the same Games you cannot see or identify those players who you are playing against or with (other than by username or alias published in the software environment) and they may be:
> colluding with other third party players; or
> using unfair external factors or influences (commonly known as cheating); or
> undertaking fraudulent activities to your disadvantage and their advantage.
8.2 Such practices are not allowed and we will take all reasonable steps to prevent them.
8.3 If you suspect any player is cheating or colluding or undertaking a fraudulent activity it should be reported to us immediately by email to firstname.lastname@example.org identifying the player or players’ usernames or aliases involved and containing a brief description of their suspect activities.
8.4 We reserve the right to terminate your account, withhold or confiscate in full or part (at the unfettered discretion of the customer services staff) the Virtual Credit balance of your account and in doing so recover from your account the amount of any Virtual Credit if:
> you are found to be or reasonably suspected to be participating in any form of collusion or fraudulent practice;
> we become aware that you have undertaken Virtual Credit gaming with any other online provider of Virtual Credit gaming and are suspected (as a result of such play) of fraud, collusion or unlawful or improper activity;
> we become aware that you have begun proceedings to "charge back" a bank card or have denied any of the Virtual Credit purchasing transactions made on your account;
> you become bankrupt or have equivalent proceedings occurring anywhere in the world; or
> you violate or promote the violation of any applicable laws or regulations or these Terms and Conditions
8.5 If we become aware, or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity then we reserve the right to retain the amount of that transaction and any other transaction made by you. We shall be under no obligation to provide you with any reasons for so doing.
8.6 Where we suspect that you are participating in any form of unlawful activity, collusion or fraudulent practice we reserve the right to report such activity or suspicions to the police or relevant authorities.
8.7 Employees of JACK Ohio LLC may take part in the use and enjoyment of this website including the purchasing of Virtual Credits and participation in promotions to the extent they are not able to participate due to the conditions of such promotion, or where restricted by applicable law or regulation, or as limited by the terms of their employment.
8.8 You may not register or play any Game if you or a member of your household, are or have ever been, an employee of GAN or affiliated companies.
9. DISCLAIMER OF LIABILITIES
9.1 Under no circumstances, including but not limited to, negligence, shall GAN or their employees, suppliers or affiliates, be liable for any loss of chance or opportunity, loss of income, loss of use of money, loss or corruption of data, damages (including loss of profit), special, consequential or otherwise, that result from the use of, or the inability to use, the materials in this website, even if our representative (authorized or otherwise) has advised you of the possibility of such.
9.2 The materials in this website are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, course of dealings, course of performance, usage or trade. Applicable law may not allow for the exclusion of implied warranties and, to that extent only, the above exclusion may not apply to you.
9.3 We are not under any obligation to provide the website, or any Game thereon, to anyone, or the opportunity for any person to participate or continue to participate in any Game or tournament and we expressly decline liability for the same.
9.4 We do not warrant that the functions contained in the content of this website will be uninterrupted or error-free, that defects will be corrected, or that this website (or the server that makes the website content available) is free of viruses or other harmful components.
We are not responsible for:
i) technical, hardware, software, telephone failures of any kind;
ii) lost or unavailable network connections;
iii) incomplete, garbled, or delayed computer transmissions; and/or
iv) any technical or human error which may occur in the processing of submissions which may limit your ability to participate in the website, whether caused by us, by you or by any of the equipment or programming associated with or utilized in the provision of the Games and the website.
9.5 We do not warrant or make any representations regarding the use or the result of the use of the materials in this website in terms of correctness, accuracy, reliability or otherwise.
9.6 We shall not be liable for computer malfunctions, nor attempts by you to participate in the Game by methods, means or ways not intended by us.
9.7 We are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected or postage due on mail or any other form of communication.
9.8 We may collect information about your computer including, where available, your IP address, operating system and browser type. This is statistical data and does not identify any individual.
10. JURISDICTION AND OPERATION
10.1 These Terms and Conditions and the agreements made herein shall be governed and construed in accordance with the laws of the State of Ohio without giving any effect to any principles of conflicts of law that might direct the application of the laws of any other jurisdiction. Any legal action or proceeding relating to your access to, or use of, the website or content resolved as set forth in Section 12 below.
10.2 This website is operated from a server, or servers, owned by GAN, and GAN does not make any representation that the materials or content in this website are:
> appropriate; or
> available in any location.
10.3 If you choose to access this website you do so on your own initiative and are responsible for compliance with local laws, if and to the extent applicable.
11. RESPONSIBLE VIRTUAL CREDIT GAMING
We want you to enjoy online free-to-play and/or Virtual Credit-based pay-to-play gaming in a responsible fashion and request that you follow these simple guidelines:
i) Remember that Virtual Credits are freely given away at posted periods, purchasing Virtual Credits is not required for play and is merely provided as a convenience to you and that the Virtual Credits have no actual or intrinsic value;
ii) Please try to establish limits for the Virtual Credit purchases you are willing to make over any period of time, before you start playing;
iii) Play on this website, or game play on any website, is not recommended if you are recovering from a dependency or are under the influence of alcohol or other substances; and
iv) Play on this website, or game play on any website, is not recommended if it might interfere with your daily responsibilities.
12.1 Any complaints must be registered with Customer Service within thirty (30) days of the occurrence of the event to which the complaint relates. We will not be able to deal with any complaint in respect of an event which pre-dates this time period.
12.2 We are available by email at email@example.com to discuss any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
12.3 These Rules shall be governed by the laws of the State of Ohio without regard to its conflicts of laws principles and rules.
13.1 Subject to any rules posted herein from time to time (such as Tournament Rules) the Terms and Conditions contained herein represents the complete, final and exclusive agreement between you and GAN in relation to your use of the Games and supersedes and merges all prior agreements, representations and understandings between you and GAN.
13.2 If any provision of these Terms and Conditions shall be determined to be unlawful, void or for any reason unenforceable, then the unlawful, void and/or unenforceable provision(s) shall be reformed by a court or tribunal to tailor such provision to be as close to the manifest intent of these Terms and Conditions as possible, if such term cannot be reformed, then such term shall be severable from the other provisions contained herein and shall not affect the validity and enforceability of any of the remaining provisions.
13.3 Other than the limited, permitted use to participate in the Games on the website, you agree not to use any content provided through the website for any public or commercial purpose without our express written permission. You agree not to download, rent, lease, loan, distribute, create derivate works, copy, re-use, modify, adapt, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or discover the source code of all or any portion of the Games, create improvements, or seek to obtain intellectual property protection on the content of any intellectual property rights in the Games. Nothing contained in this website shall be construed as granting by implication, estoppel, or otherwise, a license or right of use of any trademark displayed in the website.
13.4 Virtual Credit-based transactions are only valid if accepted by our server. Until acceptance of the transaction by our server all information displayed relating to a Game constitutes an invitation to play only. You agree that our records shall be the sole and final authority in determining the validity and terms of any transactions and the circumstances in which they were made. We reserve the right, at our sole discretion, to refuse or limit any transaction. Where a transaction is invalid, refused or its value limited, any Virtual Credit-based sum deducted from your account with respect to that Game may be credited to your account.
14. CODE OF ONLINE CONDUCT
14.1 When you chat to other persons online through our website you are required to:
> use polite and courteous behavior; and
> extend to strangers from different U.S. States and cultures those widely recognized levels of social etiquette employed during telephone communications or meetings in person.
> While the great majority of our online players understand and adhere to these recognized levels of courtesy and politeness in all chat room discussions and email messages ("Communications") a small minority engage in unacceptable behavior during such Communications ("Abuse").
14.2 We accept and recognize your right to freedom of expression during online communications but you shall recognize your primary responsibility towards other players not to cause offense through the use of inappropriate or inflammatory words, comments or phraseology during online Communications either prior to, during, or after, any online Game session.
14.3 We require that you refrain from Abuse, whether intentionally caused or not. Abuse may include, but not be limited to, any of the following:
> using foul language or expletives in the course of Communications;
> insulting fellow players (whether in-Game or not);
> transmitting any Communications or content which could be reasonably viewed as illegal, promoting an illegal activity, promoting commercial services, libelous, defamatory, promoting cheating in games, obscene, pornographic, profane, sexually explicit, abusive, invasive of privacy, infringing of intellectual property rights, is otherwise injurious to third parties or objectively objectionable, consist of or contain software viruses, links to other websites, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam.";
> repeated or one-off Communications during a Game session intentionally timed to distract or otherwise interfere with the course of the Gameplay; and/or
> employing sexual language or words suggesting inappropriate behavior.
14.4 In addition, we strongly recommend to our players that they withhold their email addresses from other players at all times in order to avoid the risk of onward distribution or publication of these to unauthorized companies or persons. We will not release email addresses to unauthorized third parties unless required to do so by operation of law or regulation and we request that our players extend that privilege to each other.
14.5 Compliance with our Code of Online Conduct is a mandatory requirement of all our players who have accepted our Terms & Conditions for using and accessing the website and playing the Games. We monitor, store and review all chat room and in-Game Communications on a regular basis and will investigate any complaints submitted by our players. Failing to comply may result in the suspension and / or termination of your account. Suspended accounts may be re-activated at our discretion
15. PAYMENTS FOR VIRTUAL CREDIT
15.1 Please ensure all of your personal details relevant to your account on the website (under the section My Account/My Details) are correct. If any of your personal details are either not correct or are missing, the authorization and processing of payments in return for Virtual Credits may be interrupted.
MasterCard and Visa are approved methods of payment for convenience purchases of Virtual Credits. All credit card transactions are completed on a secure encrypted link between the website’s payments gateway and the clearing bank. This payment method is free.
ACH Bank Transfers
Subject to availability, it may also be possible to send an online bank transfer from your bank account.
15.2 We reserve the right to conduct a security review at any time to validate:
> your identity;
> the registration data provided by you;
> to verify that your use of the Games available at this website was in compliance with these Terms and Conditions and of applicable law; and
> that your financial transactions conducted via this website were in compliance with these Terms and Conditions and of applicable law.
15.3 You authorize us (and our agents) to make any inquiries of you and for us to use and disclose to any third party details that we consider necessary to validate the information you provided to us, or should have provided to us, in accordance with these Terms and Conditions, including but not limited to:
> ordering a credit report; and
> verifying the information provided by you against databases provided by third parties.
To enable us to fully conduct these inquiries you agree to provide such information or documentation as we, in our sole unfettered discretion, may request.
16. PROMOTIONAL OFFERS
16.1 You may be awarded Virtual Credit to use on the website by opening an account online and thereby automatically accepting a promotional offer.
16.2 We reserve the right to remove Virtual Credit from your account if we, at our sole discretion, deem you have attempted to abuse the Games, the website or the Virtual Credits.
16.3 As a participant in any promotion (“Promotion”) you must agree to abide by these and all specific promotional Terms and Conditions governing usage of the Games and the website.
16.4 Specific terms and conditions relating to a Promotion will be set out on the website under the promotions section of this website.
16.5 To the extent that the terms and conditions of a Promotion conflict with these Terms and Conditions the terms and conditions of the Promotion will prevail.
16.6 We reserve the sole right to exclude or otherwise remove you from participation in the Promotion if, in our sole opinion, the circumstances warrant such exclusion.
16.7 Each Promotion is available only once per customer, if stated as such. The identity of a customer will be determined on the basis of all, or any, combination of the following: name, mailing address, e-mail address, IP address, credit/charge card number, computer, and any other forms of identification which may be required. If you are found to have multiple accounts it will result in all your accounts being closed and any Virtual Credit being forfeited.
16.8 We reserve the right to vary the terms of, or terminate, a Promotion and/or to withdraw any other offers described in these Terms and Conditions at any time and without notice and shall not be held liable for doing so.
16.9 We reserve the right to ask you to provide sufficient documentation to satisfy us in our absolute discretion as to your identity prior to us awarding any Virtual Credit consequent to any promotion.
16.10 We reserve the right to vary the terms of, or terminate, a Promotion and/or to withdraw any offers described in these terms at any time and without notice and shall not be held liable for doing so.
Virtual Credit may not be withdrawn from your account under any circumstances. You acknowledge that the Virtual Credit held within your account consequent to play, free issuance, and/or purchases has no monetary value and is merely a device for tracking game play and is neither money nor real currency. Your Virtual Credit balance is associated solely with your account. It may not be gifted, exchanged or in any manner transferred to another person or company.
In the event you accumulate a significant balance of Virtual Credit in your account (and materiality shall be determined at the sole discretion of GAN) during the course of playing the Games available at this website, you authorize us to promote your activities playing the Games and associated Virtual Credit accumulation through diverse marketing and promotion undertaken in a manner entirely at our discretion and including but not limited to:
> news articles posted online and visible to other players of the Games;
> leaderboards published on the website;
> email communications to our other customers;
> press releases intended for publication to the public; and
> advertising of your activities.
19. FEES DERIVED FROM VIRTUAL CREDIT PAYMENTS
You will be charged one hundred percent (100.0%) of the real money sums advertised and paid by you in return for the convenience of immediate increases in your account's balance of Virtual Credits on this website. This fee shall be taken in full effective the moment your real money online payment in return for any amount of Virtual Credit is successfully processed.
20. PLAYER RATINGS
Some Games on the website may retain historical information on a Customer’s performance. Your per-Game player rating is operated and defined at our absolute discretion and is subject to change from time to time without notice to you. Information on player ratings is clearly displayed on each Game specific website pages where ratings may be associated.
21. TOURNAMENT RULES
21.1 To complement these Terms and Conditions, there are specific rules ("Tournament Rules") which govern entry into any of the free-to-enter poker tournaments available on this website (the “Tournament(s)”). The Tournament Rules are incorporated into these Terms and Conditions.
The eligibility requirements for entry into any Tournament are that, as at the date of the relevant Tournament:
(a) You must not be a resident of any of the following States: Florida, Illinois, Iowa, Michigan, Mississippi, Rhode Island, South Carolina and Vermont (the “Excluded States”). You will qualify as a resident of one of the Excluded States if you are registered as a resident in that Excluded State for tax, voting, or welfare purposes or for any other reason that we may deem to be sufficient evidence that you are a resident of one of the Excluded States.
(b) You must not be physically located in any of the Excluded States whilst participating in the Tournament regardless of whether or not you are a resident of the Excluded State.
(c) You meet all of the other eligibility requirements set out in these Terms and Conditions including but not limited to the minimum age requirement of twenty-one (21) years of age.
21.2 By entering the Tournament, you hereby warrant that you meet the eligibility requirements referred to above. You also acknowledge that you are subject to all laws applicable to the area in which you reside and/or from which you access the Tournament and you are solely responsible for obeying those laws. You agree that GAN cannot be held liable if laws applicable to you restrict or prohibit either your participation in the Tournament or your ability to be awarded any prizes available in the Tournaments. We make no representations or warranties, implicit or explicit, as to your legal right to participate in the Tournament.
21.3 We reserve the right to monitor the location from which you access the Tournament and to block access from any jurisdiction in which participation or the ability to be awarded prizes is illegal or restricted, although your ability to access the Tournament shall not be deemed to represent our acceptance or acknowledgement of your eligibility to participate in the Tournament.
21.4 If we suspect you of undertaking any of the following actions, then you will automatically be disqualified from the Tournament and may have your account suspended for further investigation or closed:
(a) soft-playing; or
(b) chip-dumping; or
(c) team playing, collusion or fraudulent practices; or
(d) using unfair external factors or information in a manner which we deem inappropriate; or
(e) any other breach of these Terms and Conditions.
21.5 We may elect to award prizes to winners of Tournaments or to leaders of leaderboards and the award of any such prizes is entirely at our discretion. We expressly reserve the right to exclude any participant before, during or after the Tournaments, regardless of the outcome of the Tournament or the leaderboard status.
21.6 Prospective winners will be contacted by our Customer Service team and will have thirty (30) days to confirm their identity and accept prizes. We may, at any time, ask that you provide an affidavit (and supporting documentation) as to your eligibility to enter into the Tournament and reserve the right to withhold any prizes if we do not receive an affidavit and all such documentation to our entire satisfaction. Failure to comply with this will result in the prizes being forfeited.
21.7 In the case of any dispute, we will review any claims in accordance with our disputes procedure and our decision shall, in all cases, be final.
21.8 All applicable local, state, and federal taxes are the sole responsibility of the winner(s).
21.9 We reserve the right to change the Tournament Rules at any time without prior notice, and may issue additional terms and conditions at our sole discretion.