Live! Casino & Hotel Social Media Endorsement Policy
Last Updated: February 19, 2019 | PDF Version
Last Updated: May 12, 2020.
Welcome to Live! Casino & Hotel's online Terms for this website, www.livecasinohotel.com, the Live! Casino & Hotel mobile app (the “Mobile App”) and other applications and features offered by Live! Casino & Hotel. This website and the Mobile App are referred to in these Terms as the "Site." The terms "you," "your," and "yours" refer to you the user of this Site or any other guest, person, or entity who accesses or uses this Site or services from the Site. The terms "we," "us," "our," “LCH” or "ours" refers to Live! Casino & Hotel and any vendors, contractors, and agents of Live! Casino & Hotel that provide Services on our behalf. PPE Casino Resorts Maryland, LLC, does business as Live! Casino & Hotel.
By registering to create an account or using any web site, application, feature, or online services we provide (the “Services”), you agree to be bound by these Terms, our Privacy Notice, and the third-party terms described below, so please take the time to read and understand them. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
WE MAY CHANGE OR MODIFY THESE TERMS AT ANY TIME AND IN OUR SOLE DISCRETION. WE WILL PROVIDE NOTICE OF SUCH CHANGES TO REGISTERED USERS BY SENDING A NOTIFICATION OF THE CHANGE BY EMAIL AND BY CHANGING THE “LAST UPDATED” DATE ABOVE. PREVIOUS VERSIONS OF OUR TERMS AND PRIVACY NOTICE ARE FOUND HERE (https://www.livecasinohotel.com/terms-and-privacy-archive). YOUR CONTINUED USE OF ANY OF THE SERVICES WILL CONFIRM YOUR ACCEPTANCE OF THE REVISED TERMS. WE ENCOURAGE YOU TO FREQUENTLY REVIEW THE TERMS TO ENSURE YOU UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST STOP USING THE SERVICES AND DELETE YOUR LCH ACCOUNT.
Please note: There may be times when we will provide new or additional services featuring their own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the new or additional services control to the extent there is a conflict with these Terms.
In addition to the other responsibilities, rules and provisions outlined in these Terms, you represent and agree, by using any of the Services, that you:
- Are at least 18 years old and a resident of the United States;
- Are solely responsible for your use of the Services, for any Content you post to or via the Services, and for any consequences thereof;
- Understand that you are using the Services at your own risk, in keeping with the disclaimers and liability limits contained in these Terms;
- Shall not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices if incorporated in any content displayed or generated for your use by the Services;
- Shall not, except as permitted in these Terms, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any materials made available to you on the website or through the services;
- Have the legal right and capacity to enter into these Terms in your jurisdiction.
Privacy/SecurityOur Privacy Notice (www.philadelphia.livecasinohotel.com/about-us/privacy-notice) explains how we handle the data that is collected from Site users. You acknowledge having read our Privacy Notice and agree to its terms. By using or accessing the Services, you agree that we can collect and use such content and information in accordance with these Terms and the Privacy Notice as amended from time to time. Some of the information and Services available through the Site are provided by third parties and are covered by additional terms and disclosures of those third parties that may be viewed on their websites.
You agree you will not sell, transfer, license or assign, or allow others to use, your account user name, password, list of followers, or any other account registration information or account rights. All account registration information you provide to us must at all times be true, accurate, current and complete.
You agree to update your information as and when necessary for all of your account registration information to be true, accurate, current and complete. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account. You agree to be held responsible by us and others if you fail to maintain the security of your account.
Each of the Services contains content owned or licensed by us (“LCH Content”). LCH Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and us, we own and retain all rights in the LCH Content and the Services.
The LCH names and logos and related additional marks we own and use in connection with the Services are exclusively our proprietary trademarks and service marks. They may not be copied, imitated or used, in whole or in part, without our prior written permission.
In addition, all custom graphics, button icons, page headers, and scripts are our exclusive service marks, trademarks and/or trade dress, and such items may not be copied, imitated or used, in whole or in part, without our prior written permission. You are hereby granted a limited, non-exclusive, non-sublicensable license to access the Site and use the Services and LCH Content solely as needed to use the Services in strict accordance with these Terms. This license is revocable by LCH at any time for any reason whatsoever. Except as otherwise specifically provided in these Terms, this license does not include any right to:
Distribute, publicly perform, or display any LCH Content; Modify or otherwise make any derivative uses of the Services or LCH Content, or any portion thereof; Use any scraping, data mining, robots, or similar data gathering or extraction methods;Download, other than in reports provided by the Services or through page caching, any portion of the Services, LCH Content or any information contained therein;
Access the Site with an unauthorized or third-party account; or Use any of the Services or LCH Content other than for their intended purposes as expressly stated in these Terms or our Privacy Notice, and in other communications from LCH.
Our Rights and Policies
We reserve the right to:
Modify or terminate your account and/or your access to the Services for any reason, without notice, at any time, and without liability to you. You do have the ability to terminate your account at any time. Upon account termination (either by us or you), all licenses and other rights granted to you in these Terms will immediately cease;
Modify or discontinue, temporarily, or permanently, the Services or any features or portions thereof without prior notice. We will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof. Although it is our intention for the Services to be available as much as possible, there will be occasions when some or all of the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment;
Force forfeiture of any user name for any reason;
Integrate paid services, sponsored content, and/or commercial communications as part of the Services, subject to any required consent from you; and Post, disclose or otherwise use feedback, suggestions, ideas or other information or materials regarding us or the Services that you provide, whether by email or otherwise. Any such feedback shall be treated as non-confidential and shall become our sole property. We will be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive any rights you may have to such feedback (including any copyrights or moral rights). Please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
In addition to the other responsibilities outlined in these Terms, you are solely responsible for:
Your interaction with other users of the Services, whether online or offline. All activities conducted via the Services by a person acting under your user name and password, except in the case such information is wrongfully misappropriated.
Backing up your data. We are not a backup or storage service. We will not be liable to you for any modifications, suspension, or discontinuation of the Services, or the loss of any user content.
Throughout your use of the Services, you may encounter links that direct you from the Site or the Services, whether they are communications you receive from the Services or on the Services themselves. These links may direct you to third party websites or features in images or comments within the Services.
The Services also includes third-party content that we do not control, maintain or endorse. Functionality of the Services may permit interactions with a third-party website or features, including applications that connect one of the Services or your profile with a third-party web site or feature. Using this functionality may require you to log in to your account on the third-party service and you do so at your own risk.
By using the Services, you acknowledge and agree that we are in no way responsible or liable for any third-party services or features, including but not limited to the accuracy of the data that those services provide.
Your correspondence and business dealings with third parties found through the Services are in no way our responsibility.
If you choose to use applications to connect your profile or one of the Services with a third-party service (called “Applications”), you are doing so at your sole discretion and risk. These Applications may interact with, connect to, or gather and/or pull information from and insert information in your profile. Your use of an Application is at your own risk and option, and you will hold us harmless for activity related to the Application.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
Create an account for anyone other than yourself without permission from them; Solicit, collect, or use the login credentials of other users of the Services without permission from them;
Engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;
Impersonate another person, user, or entity;
Use any of the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Services and your user content, including but not limited to, copyright laws, patent laws, trademark laws, trade secrets and all applicable intellectual property rights of third parties;
Change modify, adapt or alter any of the Services or change, modify or alter another website to falsely imply that it is associated with the Services or us; Interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. Specifically, you shall not inject content or code or otherwise alter or interfere with the way any page on our Site is rendered or displayed in a user’s browser or device;
Use any automated process (e.g. robot, spider, crawler, scraper) to access or use the Site, the Services, or use any process, whether automated or manual, to capture data or anyone’s user content from any Service for any reason;
Compromise the security of the Site, the Services, or user information; Reverse engineer any aspect of the Site or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site or Services;
Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Site or Services that you are not authorized to access; Attempt to indicate in any manner that you have a relationship with LCH or that we have endorsed you or any product, services, brand, or entity without our express written consent to do so; or
Develop any third-party applications that interact with user content, the Site, or the Services without our prior written consent.
Disclaimers; Liability Limits
YOU AGREE YOUR USE OF AND ACCESS TO ALL OR ANY PART OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LCH DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS OR THAT THEY ARE SUITABLE OR FIT FOR ANY PARTICULAR PURPOSE OR USE. LCH HAS NOT MADE ANY INDEPENDENT INVESTIGATION OF THE ACCURACY OF DATA PROVIDED TO IT BY THIRD PARTIES.
NOT WITHSTANDING ANYTHING CONTRARY HEREIN, WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR USE OF THE SERVICES OR THAT YOUR USE WILL BE ERROR-FREE OR UNINTERRUPTED. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT AND/OR USE OF THE SERVICES. WE ARE NOT LIABLE IF WE ARE UNABLE TO PROVIDE THE SITE OR SERVICES (OR ANY PART THEREOF), INCLUDING WITHOUT LIMITATION DUE TO, DIRECTLY OR INDIRECTLY: (a) THE FAILURE OF ANY THIRD PARTY TO PROVIDE LCH WITH DATA OR COMPUTER SERVICES NECESSARY TO DELIVER THE SITE OR SERVICES, (b) THE FAILURE OF ANY PART OF THE SITE, SERVICES, ANY WIRELESS CARRIER, TELECOMMUNICATIONS, OR ELECTRICAL FAILURE, (c) ANY INDUSTRIAL OR LABOR DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND LCH’S REASONABLE CONTROL.
IN NO EVENT SHALL LCH, ITS SUBSIDIARIES, ITS PARENT CORPORATION, OR ANY SUBSIDIARIES OR AFFILIATES OF ITS PARENT CORPORATION, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST INCOME, LOST REPUTATION, LOST BUSINESS OR GOODWILL, OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE DISCLAIMERS AND LIMITATIONS OF OUR LIABILITY SET FORTH IN THIS AGREEMENT INCLUDE, WITHOUT LIMITATION, DAMAGES FOR, ARISING OUT, OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR SERVICES, ANY BREACH OF THESE TERMS OR ANY CLAIM BY YOU OR ANY THIRD PARTY. IN ANY CASE, OUR SOLE LIABILITY TO YOU IS LIMITED TO THE LESSER OF ANY FEES ACTUALLY RECEIVED FROM YOU BY US THROUGH YOUR USE OF THE SITE OR SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM. THE PROVISIONS HEREOF ALLOCATE THE RISKS BETWEEN US AND YOU. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST US WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS/DISCLAIMERS MAY NOT APPLY TO YOU.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
IndemnityYou agree to indemnify us and hold harmless our company and its officers, directors, managers, members, stockholders, suppliers, agents and employees, parent corporations, subsidiary corporations, and any affiliates thereof (collectively, the “LCH Parties”), from any loss, liability, damages, fees, costs, claims, penalties or demands including reasonable fees of attorneys and other professionals, and any interest thereon, whether or not brought to suit, due to, arising out of or related to your use of the Services. Your indemnification of LCH Parties includes, without limitation, third-party claims of any nature or sort, any infringement, injury, damage, loss or harm (whether to you or any third party) arising out of or related to your use of the Services and/or your breach of these Terms.
Dispute Resolution; Binding Arbitration; No Class or Representative Actions or Arbitrations
Binding Arbitration and Exclusions from Arbitration
Except as provided below OR UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE AS DESCRIBED HEREIN, any and all Claims between you and LCH will be resolved in binding arbitration rather than in court. You and LCH agree to submit to individual arbitration the resolution of any and all Claims by or between you and/or LCH, except that you and LCH agree that the following will not be subject to the mandatory arbitration provisions in this Section: (A) any Claim filed by you or LCH with respect to any violation, enforcement or validity of patent, trademark, trade dress, service mark, copyright and/or trade secret rights of you, LCH, or any third party, including, but not limited to, Claims related to content that you upload to or share on the Site and/or (B) you or LCH may seek a preliminary injunction, restraining order or other provisional equitable relief in any court as provided in this Section in connection with any Claim whereby you or LCH, as applicable, may suffer immediate and irreparable harm for which money damages may be inadequate and impossible to calculate (including, but not limited to, a Claim under this Section, where such Claim under this Section will not be subject to the informal dispute resolution procedures described in this Section; provided, however, that, subsequent to obtaining such preliminary injunction, restraining order or other provisional equitable relief, the Claim will then be submitted to arbitration in accordance with this Section. You and LCH agree that these Terms affects interstate commerce, and that the enforceability of this Section will be governed by, construed, and enforced, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1–9 ("FAA"). Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. There is no judge or jury in arbitration, discovery is more limited than in court, there are no class or representative proceedings, and court review of an arbitration decision is limited. An arbitrator must follow these Terms and can award on an individual basis the same damages and relief as a court (including, but not limited to, injunctive and declaratory relief, statutory damages, and attorneys' fees). "Claim(s)" means any dispute, claim or controversy by or between you and/or LCH relating to the Site and/or these Terms (including, but not limited to, this Site's Privacy Notice and all additional terms, rules, regulations, procedures and policies which we refer to in these Terms), as may be modified from time-to-time, and the subject matter hereof, including, but not limited to, any contract, tort, statutory, or equity claims.
Informal Dispute Resolution
Except with respect to Claims described in this Section above, before either you or LCH pursue or participate in any Claim against the other party in arbitration or court proceedings, you or LCH must notify the other party of the Claim in writing at least 60 days in advance of initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim. You may send a written notice of your Claim to LCH at Live! Casino & Hotel, 7002 Arundel Mills Cir. #7777, Hanover, MD 21076, Attention: General Counsel. LCH may send written or electronic notice of its Claim to your email address, LCH account or any physical or other address LCH has for you. The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim. Except with respect to Claims described in this Section pertaining to equitable relief, you and LCH agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and LCH do not reach an informal resolution of the Claim within 60 days, then the Claim may be submitted to binding arbitration as set forth in this Section or to a court as permitted by this Section.
Arbitration Proceedings and Costs
Any arbitration will be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules (the "AAA Rules"), as modified by these Terms. The AAA Rules, and other information about the AAA, are available at the AAA's website at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website (see "Demand for Arbitration, Consumer Arbitration Rules", under Rules and Forms, Consumer Forms, at https://www.adr.org, but contact the AAA if you have issues locating the form) and arbitration proceedings shall be initiated in the location described in this Section. As required by the AAA Rules, if you initiate the arbitration proceedings, you must send the original copy of the completed form to LCH, which should be sent to LCH at the following address: Live! Casino & Hotel, 7002 Arundel Mills Cir. #7777, Hanover, MD 21076, Attention: General Counsel. If your Claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. In all cases, you and LCH shall exchange documents and other information that you or LCH intend to use in the arbitration.
Upon filing of an arbitration demand for Claims up to $75,000, LCH will reimburse you for all necessary filing, administration and arbitrator fees paid by you to the AAA or, if you wish LCH to pay such fees directly to the AAA, you must request payment of such fees by LCH by mail to the AAA along with your form initiating arbitration and LCH will make arrangements to pay such fees directly to the AAA. In the event the arbitrator determines that the Claim(s) you assert in the arbitration are frivolous or vexatious, you agree to reimburse LCH for all fees associated with the arbitration paid by LCH on your behalf. You agree that LCH shall have no obligation to pay any other fees except as determined by the arbitrator.
For Claims that total more than $75,000, the AAA Rules will govern payment of filing, administration and arbitrator fees to the maximum extent permitted by law. The decision of the arbitrator will be binding and conclusive on all parties, and judgment to enforce the decision may be entered by any court of competent jurisdiction.
Class Action Waiver
UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE (AS DESCRIBED IN THIS SECTION), YOU AND LCH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
You and LCH expressly agree that any Claim is personal to you and LCH, shall only be resolved by an individual arbitration (or individual court proceedings with respect to Claims excluded from mandatory arbitration as described in this Section), and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator (or court if the Claim is excluded from mandatory arbitration as described in this Section) may only conduct an individual arbitration (or court action if the Claim is excluded from mandatory arbitration as described in this Section), and may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable in an action between you and LCH, then this agreement to arbitrate will be unenforceable. Neither you nor LCH consent to class arbitration.
Right to Opt Out of Mandatory Arbitration and Class Action Waiver
If you do not wish to be bound by the mandatory arbitration and class action waiver provisions in this Section, you must notify LCH in writing (the "Arbitration/Class Action Waiver Opt-Out Notice"), where the arbitration/class action waiver opt-out notice meets all of the following requirements:
Sent by first-class mail, postage prepaid, certified and return receipt requested or sent by overnight courier service (such as Federal Express) to Live! Casino & Hotel, 7002 Arundel Mills Cir. #7777, Hanover, MD 21076.
Postmarked (if sent by first class mail) or deposited with the overnight courier service no later than (A), if you register as a new registered user of the Site on or after 1/21/2020 ("Agreement to Arbitrate Date" except as provided below), 45 days after the date you accept these Terms for the first time, unless an earlier deadline in this Section applies, (B), if you are already a registered user of the Site before the Agreement to Arbitrate Date, 45 days after the earlier of either (I) your first log in to the Site on or after the Agreement to Arbitrate Date or (II) the date which email notice of the Agreement containing this Section, if any, was sent to the email address associated with your user registration, unless an earlier deadline in this Section applies, unless a longer period is required by applicable law.
Time Periods Applicable to Users of Multiple LCH Websites, Applications or Other Interactive Services. If you are or become a user of more than one LCH website, application or other interactive service, you must provide the Arbitration/Class Action Waiver Opt-Out Notice within the earliest deadline applicable for any LCH website, application or other interactive service for which you are or become a user (for example, if the Agreement to Arbitrate Date is August 1 and if you are a pre-existing registered user of a LCH website prior to August 1 who logins on August 1 and registers as a new registered user of another LCH website on August 15, you must provide the Arbitration/Class Action Waiver Opt-Out Notice by September 15 (45 days after August 1 and not 45 days after August 15)).
Includes your first and last name, address, phone number, email address and, if applicable, your username if you are a registered user of the LCH website(s), application(s) or other interactive services(s) along with an identification of the LCH website(s), application(s) or other interactive services(s) for each such username. We shall use the foregoing information included in the Arbitration/Class Action Waiver Opt-Out Notice to record, process, maintain and administer your opt-out of the mandatory arbitration and class action waiver provisions and not for marketing purposes.
Includes a statement that you do not agree to the mandatory arbitration and class action waiver.
If the Arbitration/Class Action Waiver Opt-Out Notice meets all of the above requirements, you will be deemed to have opted out of the mandatory arbitration and class action waiver provisions in this Section with respect to all LCH websites, applications or other interactive services. Note that a valid Arbitration/Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.
If the Arbitration/Class Action Waiver Opt-Out Notice does not meet all of the above requirements, you will not be deemed to have opted out of the mandatory arbitration and class action waiver provisions in this Dispute Resolution Section.
With the exception of the provision above that the enforceability of this Section is governed both procedurally and substantively by the FAA. These Terms and your use of the Site is otherwise governed by, construed and enforced in accordance with the laws of the State of Maryland (without regard to that state's conflict of laws rules).
You or LCH shall initiate arbitration in the United States county or territory in which you reside or, if you do not reside in the United States or one of its territories, in the non-United States country in which you reside; provided, however, that (a) LCH may request to transfer the arbitration to Baltimore, Maryland, if it agrees to pay any additional fees or costs you incur as a result of the change in location as such additional fees or costs are determined by the arbitrator and to the maximum extent permitted by law and, upon such request, (b)(i) if you agree to such request, the arbitration shall be transferred to Baltimore, Maryland or (ii) if you do not agree to such request, LCH shall have right to request that the arbitrator determine the location in which the arbitration shall be held. You and LCH agree that any Claim that is allowed to proceed in court as set forth in this Section (including, but not limited to, as a result of your submission of a valid Arbitration/Class Action Waiver Opt-Out Notice), or otherwise proceeds in court in the event the agreement to arbitrate above is found not to apply to you or a particular Claim as a result of a decision by the arbitrator or a court order, is subject to exclusive jurisdiction and venue in the State or Federal Courts situated in Baltimore, Maryland.
To the extent it may be applicable, you and LCH agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. If any Claim proceeds in court rather than in arbitration, YOU AND LCH WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE RELATING TO US, THE SITE, THE SERVICES, OUR PRIVACY NOTICE, AND/OR THESE TERMS.
If a court finds that the class action waiver in this Section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law. If any other provision of this Dispute Resolution Section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Notices and Procedures For Copyright or Trademark Infringement Claims
We respect the intellectual property rights of others. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If you believe that your work as displayed on the Services has been copied in any way that constitutes copyright or trademark infringement, please notify us in writing at the address shown below. Your written notice should include: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of a right that is allegedly infringed; (ii) a description of the copyrighted work or trademark that you claim has been infringed; (iii) a description of the material that you claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable us to locate the material on our Site; (iv) your name, address, telephone number, email address and all other information reasonably sufficient to enable us to contact you; (v) a statement by you that you have a good faith belief that use of the material as described by you is not authorized by the copyright or trademark owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright or trademark owner or authorized to act on behalf of the owner or licensee of a right that is allegedly infringed. Upon receipt of notices complying with the DMCA or other applicable law, we will act to remove or disable access to any infringing material and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. Notices of copyright or trademark infringement should be directed to:
Live! Casino & Hotel
7002 Arundel Mills Circle, Suite 7777
Hanover, MD 21076
Attn: General Counsel
By email: firstname.lastname@example.org
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL OR TRADEMARK MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
MiscellaneousYou may not assign your rights or obligations hereunder without our prior written consent. These Terms, our Privacy Notice, and all other documents referenced herein, represent the entire agreement between you and us, which may only be amended as described herein. If any part of these Terms is found invalid, the balance of these Terms shall remain enforceable; provided, however, that the Services shall not be offered where prohibited by law. The provisions found under the following headings of these Terms shall survive expiration or termination of your Site account: LCH Content, Section 5 of Our Rights and Policies, Disclaimers; Liability Limits, Indemnity, Dispute Resolution, Notices and Procedures for Copyright or Trademark Infringement Claims, and Miscellaneous. The failure to enforce any of these Terms or our Privacy Notice on any occasion shall not prevent enforcement on any other occasion or the enforcement of any other Term hereof, or any provision of our Privacy Notice. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
Text Message Terms and Conditions
LCH or those acting on behalf of LCH may provide information, promotions, specials, and other marketing offers via text message to users who have opted in. You may need to confirm your consent to receive our messages by following the instructions provided. You will receive periodic recurring messages per month. Consent is not required as a condition of purchasing any goods or services. Texts may be sent via an auto dialer. Message and data rates may apply.
To stop receiving these texts, please follow the instructions provided in those messages or otherwise reply STOP to any LCH text. You will receive a final text confirming your opt-out. If you change your mobile phone number, you agree to promptly notify both LCH and the sender of the text message. If you have any questions, you may reply HELP to any text.