Terms of Use

Effective Date: January 24, 2018

 

Use of this Site or App

These Terms of Use govern your use of all of the Jack Entertainment LLC (together with its direct JACK affiliates, “JACK”) websites or webpages that are owned or operated by JACK including but not limited to www.jackentertainment.com (collectively, the “Site(s)”) and all mobile applications hosted, maintained, offered or operated by JACK (collectively, the “Apps”). The Sites and the Apps are sometimes referred to collectively in these Terms of Use as the “Service(s).” The Services are the property of JACK. JACK encourages you to read these Terms of Use carefully as it controls your use and access to the Services, now and in the future; however, JACK expressly reserves the right to modify these Terms of Use at any time by posting an updated version of the Terms of Use on the applicable Service. Therefore, you should periodically review the Terms of Use. Any amendments to these Terms of Use shall be effective immediately on posting. Your use of the Services or your continued use of the Services after your initial use, constitutes your acceptance to follow and be bound by the Terms of Use (including the dispute resolution requirements contained herein), the Privacy Policy, and any modified terms and conditions, if any. The date of the most recent revision of these Terms of Use is located at the top of this document. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE TERMS OF USE.

 

JACK may terminate the Terms of Use at any time, in its sole discretion, without any notice to you. Any permission granted herein terminates automatically without further notice if you breach any terms of the Terms of Use. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on or offered via the Services may violate domestic and/or international copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, as well as other applicable law.

 

JACK’s App is hosted by Joingo, LLC; Joingo, LLC’s End User License Agreement to use the App can be found here.

 

Use of Services by Persons Under 21

 

If you are younger than 21 years of age, you are prohibited from accessing or attempting to access password-restricted information and/or portions of this Site (the “Age Requirements”). JACK does not allow persons under the age of 21 to gamble or loiter at its gaming facilities (except that at JACK Thistledown, persons 18 years or old may engage in 18 pari-mutuel wagering). We do not knowingly collect information from persons under the age of 21 and we do not target the Services to children under the age of 21. If we discover we are in possession of personal information related to a person under the age of 21 through the Services, we will promptly delete and or destroy such personal information (except for information gathered for persons 18 years or old who engage in pari-mutuel wagering).

 

Privacy Policy

 

JACK is firmly committed to protecting the privacy of its users. JACK’s use of data collected via the Services is governed by its Privacy Policy. You acknowledge and agree that JACK’s Privacy Policy is incorporated into the Terms of Use. A link to JACK’s Privacy Policy can be found here.

 

Accounts

 

A web account is required to access certain portions of the Services and/or services and may be accessed and used only by those authorized individuals who are registered with JACK. To open a web account, you must have a GT Rewards account and complete the registration process by providing JACK with certain information as prompted by the applicable registration form. In registering for the Services, you agree to submit accurate, current, and complete information about you and promptly update such information, if applicable. Should JACK suspect that such information is untrue, inaccurate, not current, or incomplete, JACK has the right in its sole discretion to suspend or terminate your access to and use of some or all of the Services and/or seek updated information from you. If you created a web account on any Services, you may cancel your account at any time by notifying JACK and following the necessary cancellation procedures. There is no minimum commitment to open or maintain an account.

 

You are solely responsible for any and all activities that occur under your account and for ensuring that you exit or log-off from your account at the end of each session of use. If you are conducting this session on a public computer or are otherwise using a computer or mobile device to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the applicable Service and the computer or operating system you are using to prevent unauthorized access to your account with JACK. You agree to notify JACK immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Web accounts cannot be shared or used by more than one individual.

 

Product and Promotional Pricing and Availability

 

JACK will not be responsible for typographical or other errors or omissions regarding prices or other information. All product sales and promotions are subject to these Terms of Use. Promotional offers and prices are for a limited time or as specified. Prices and promotions are subject to change without prior notice. Inventory and availability are subject to rapid change.

 

Use of Materials; Proprietary Rights Restrictions

 

You agree not to upload, transmit, post, email or otherwise make available to any of the Services, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, antidiscrimination, or false advertising), harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; (ii) infringes any third party’s intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, cancelbots, Easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment.

 

In addition, you further agree not to: (i) alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on any of the Services or contained in a file that is uploaded to any Service; (ii) impersonate any person or entity, including, but not limited to, a JACK official or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) attempt, through any means, to gain unauthorized access to the Services or another user’s account on any of the Services; (iv) access, monitor, observe, or otherwise use any aspect of the Services if you are not in compliance with the Age Requirements; (v) use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Services; (vi) use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Services without JACK’s prior express written permission; (vii) systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission is prohibited; (viii) take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure; or (ix) create liability for JACK or cause JACK to lose (in whole or in part) the services of its information technology partners or other suppliers.

 

All material on the Services, including, without limitation, all informational text, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, software code, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by JACK or other parties that have licensed their material to JACK, and are protected by copyright, trademark, and other intellectual property laws. JACK disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own. The JACK names, logos, images as well as any other JACK service or product names or logos displayed on the JACK website or a website of its subsidiaries, affiliates and licensees, are registered trademarks and service marks of JACK Entertainment, LLC or its wholly owned subsidiary. The following is a list of all trademarks and registered trademarks and service marks owned by JACK Entertainment LLC or its wholly owned subsidiaries: NONNA PAZZA®, JACK CINCINNATI CASINO®, JACK CLEVELAND CASINO®, JACK & Design®, JACK THISTLEDOWN RACINO®, CLUB JACK®, JACK ENTERTAINMENT®, JACK DETROIT CASINO-HOTEL GREEKTOWNTM, CLUBJACK®, MILLCREEK GRILLETM, JACK RACINO®, EXTRA EARNINGSTM, PRIME PLAYERS WEDNESDAYSTM, MILITARY MONDAYSTM, OH-HI-LOTM, SYNERGY ARENA®, SYNERGY TABLE GAMES & Design®, J Spade (stylized) ®, JACK DETROIT CASINO-HOTELTM, EGGRAGEOUSTM, JACK POINTSTM, BOOK OF JACKTM, BEV & DesignTM, JACK JACK & Design®. The list is not a comprehensive listing of every trademark or service mark held by JACK Entertainment LLC or its subsidiaries, nor does it constitute a waiver for trademarks or service marks excluded. Materials, trademarks, logos, images, audio, and service marks displayed on the Services are the property of either JACK or other third parties; you agree not to display or use such property without JACK’s prior written permission. The names and logos of third party products and companies shown on the website and used in the materials are the property of their respective owners and may also be trademarks.

 

The Materials may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior written consent of JACK. Any modification of the Materials, use of the Materials on any website or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, without the prior written consent of JACK, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.

 

If you have accessed the Services, JACK grants to you a personal, non-exclusive, non-transferable, revocable, limited license to use and display the audio and visual information, documents, products and software contained in or made available through the Services (the “Content”) solely for your own personal use. With respect to the Apps, the foregoing license includes the right to download, install, access and use such Mobile App on a mobile device owned by you. All rights not expressly granted herein by JACK to you are reserved by JACK and/or its licensors.

 

JACK alone shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, remarks, innovations, graphics, materials, data, concepts, recommendations, comments, posting, or other information or communications provided by you relating to the Services (“Submissions”), and you agree to and hereby assign such Submissions to JACK free of charge. JACK may use or not use such Submissions as it deems appropriate in its sole discretion. For any submissions that cannot be legally assigned to JACK, you hereby grant JACK an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Submissions for any and all commercial or non-commercial purposes, and you agree that JACK is free to use any ideas, concepts, know-how or techniques that you send JACK for any purpose whatsoever, with no compensation to you. You also hereby waive any “moral rights” associated with the Submissions. For the avoidance of doubt, JACK has no obligation to affirmatively monitor or moderate Submissions posted to any Service by any user.

 

Links

 

The Services may contain links to third-party websites (“Linked Sites”) as an accommodation and for convenience only. The Linked Sites are not under the control of JACK. The Linked Sites can also be accessed through links contained on third-party websites. JACK does not endorse, adopt or undertake any responsibility for the content or privacy practices of any third-party site, including, but not limited to, information provided at Linked Sites that may link the user to the Services. JACK shall have no obligation or liability with respect to any access by you of any Linked Sites or for your use of any information, products, materials, content, or services on or available on any Linked Sites. If you have accessed the Linked Site through a third-party link, you are still bound by the terms and conditions of these Terms of Use.

 

No Warranties

 

You expressly agree that use of the Services is at your sole risk. The Services and any content contained therein or downloadable therefrom are provided on an “as is” and “as available” basis. JACK expressly disclaims all warranties of any kind, express or implied, including, without limitation, any warranty of non-infringement, merchantability, fitness for a particular purpose, and quiet enjoyment. No advice or information, whether oral or written, obtained by you from JACK or through the Services shall create any warranty not expressly made herein. JACK shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced via the Services or any use of same by you. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services or any content contained therein or downloaded therefrom is at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

 

JACK makes no warranty that the Services or any content provided through the Services or any content contained therein or downloaded therefrom will meet your requirements, be accurate, complete, current or timely, or that the Services will be uninterrupted, timely, secure, or error free. In the event that the Services’ content is inaccurate, incomplete, or out of date, JACK does not intentionally make material misrepresentations nor does JACK intentionally provide incorrect information. JACK and its licensors make no representation or warranties that this site or any content contained therein or downloaded therefrom is appropriate or available for use in all geographic locations. If you use the Services from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.

 

Limitation of Liability

 

JACK and its officers, directors, board, employees and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the Services or any content contained therein or downloadable therefrom, or any information obtained via the Services or for the cost of procurement of substitute services or resulting from unauthorized access to or alteration of your transmissions or data, including, but not limited to, damages for loss of profits, use, data or other intangibles even if foreseeable or if JACK has been advised of the possibility of such damages. If your use of the Services results in the need for servicing, repair, or correction of equipment or data, you assume all costs thereof.

 

Any transactions, communications, or other dealings you have with third parties found on or through the Services are solely between you and the third party. JACK makes no representations or warranties with respect to such third parties offering services. JACK shall not be responsible nor liable for or in connection with any such third party transactions, communications, or other dealings.

 

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

 

Indemnification

 

You hereby agree to indemnify, defend, release, and hold harmless JACK (its affiliates, successors, assigns, and each’s respective employees, officers, directors, managers, principals, members, stockholders, agents, licensors, and their respective successors and assigns), from and against any and all claims, damages, obligations, liabilities, losses, damages, fines, costs, and expenses (including, but not limited to, reasonable attorney’s fees, reasonable consultants’ fees, and court costs) incurred as a result of, arising from, or related to your use of any of the Services, any Submissions provided by you (including in the event your Submissions infringe, dilute, misappropriate or otherwise violate the rights of any third party, including with respect to rights of publicity or privacy), access by others to the Services under your authority or control or using your web account, and/or any Content or other information contained therein or provided thereby, including, but not limited to, information from Linked Sites linked to the Services.

 

Failure to Abide by These Terms

 

JACK may, in JACK’s sole discretion, remove your information from the Services, issue you a warning, suspend your use, or even terminate your use of your account immediately, without notice to you, and refuse to provide any services to you if you breach these Terms of Use, or if JACK is unable to verify or authenticate any information that you provide or if we believe your actions may cause financial loss or legal liability for you, JACK’s other guests or users, or JACK.

 

JACK reserves the right, in its sole discretion, and for any reason, to refuse access to any user at any time to those portions of the Services that require registration. You agree that JACK shall not be liable to you or any third party for any termination of your access to any Material, Content, or the Services.

 

Governing Law

 

These Terms of Use shall be governed by and construed under and pursuant to the laws of the State of Michigan, without regard to Michigan’s conflicts of laws principles. Any and all litigation concerning any dispute arising under or in connection with these Terms of Use shall be filed and maintained only in a state or federal court located in Wayne County, Michigan. You agree to the personal jurisdiction by and venue in the state and federal courts in Wayne County, Michigan, and waive any object to such jurisdiction or venue.

 

Dispute Resolution

 

Any controversy or claim arising out of, or relating to, these Terms of Use, or the breach thereof, shall be settled by binding arbitration in accordance with the commercial arbitration rules then in effect of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Wayne County, Michigan. JACK on the one hand and you on the other hand shall select an arbitrator from a list provided by the American Arbitration Association that is mutually satisfactory to them. If JACK and you are unable to agree on an arbitrator within ten (10) days, JACK and you shall each choose an arbitrator from a list provided by the American Arbitration Association within ten (10) days of the parties failing to mutually agree to an arbitrator. The two arbitrators so selected shall then select a third arbitrator mutually satisfactory to them from the list provided by the American Arbitration Association. If a party fails to select an arbitrator as required within the applicable timeframe, the arbitrator timely selected by a party shall be the sole arbitrator of the matter referred to arbitration. The single arbitrator so selected by the aforesaid procedure shall hear the dispute and decide it. The award of the arbitrator shall be binding and final on all parties. Any and all legal, accounting and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

 

Invalidity; Additional Terms

 

These Terms of Use constitute the entire agreement between JACK and you. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

Accessing or using the Services may require that you agree to additional terms associated with particular aspects of this Site (“Additional Terms”). Additional terms, conditions, and disclaimers regarding the use of the Services’ functions may appear within the body of the Services and are incorporated herein by reference. The Additional Terms and Terms of Use shall apply equally; however, if there is irreconcilable difference between the Additional Terms and Terms of Use, the Additional Terms shall apply.

 

Miscellaneous

 

Employment opportunities with JACK that are listed via the Services are subject to change without prior notice. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use, and you do not have any authority of any kind to bind JACK in any respect whatsoever. JACK is an equal opportunity employer.

 

Except as explicitly stated otherwise, any notices shall be given, if to JACK, by postal mail to JACK Entertainment LLC, Attn: Legal, 580 Monroe Avenue, Detroit, MI 48226. Alternatively, JACK may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to JACK during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

 

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT AND THE DIGITAL MILLENIUM COPYRIGHT ACT. If you believe that your work has been copied in a way that constitutes copyright infringement, please send written notification to: JACK Entertainment LLC, Attn: Legal, 580 Monroe Avenue, Detroit, MI 48226.