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ACCEPTANCE OF TERMS AND CONDITIONS
These Terms and Conditions ("Terms") form a legally binding agreement between Niagara Falls Casino and Fallsview Casino Resort, Ontario Lottery and Gaming Corporation's online gaming platform operator.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising out of these Terms or the use of the Service will be resolved exclusively through binding arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce.
USE OF THE SERVICE
The User agrees to use the Service for personal, non-commercial purposes only and shall not sell, distribute, or otherwise transfer the rights granted under these Terms to any third party. The User represents that they are at least 19 years old (or the minimum age prescribed by law) and is a resident of Canada.
ACCOUNT REGISTRATION AND SECURITY
The User must register for an account with Fallsview Casino Resort in order to use the Service. All information provided by the User shall be true, accurate and complete. The User agrees to safeguard their username and password to prevent unauthorized access to their account.
GAMING RESPONSIBLY
The User acknowledges that gaming can be hazardous if not conducted responsibly. Fallsview Casino Resort encourages all users to play with a budget and in moderation. If the User believes they may have a problem, help is available by contacting responsible gambling support organizations listed on the site or at the resort.
PROHIBITED USES
The following uses of the Service are strictly prohibited:
PAYMENT TERMS
The User acknowledges that all transactions will be conducted in Canadian dollars and subject to the terms, conditions and regulations of applicable banking institutions and payment processors.
GAMING GAMES AND PRODUCTS
The Service may offer various games and products for users. All such content is provided "as-is" without any express or implied warranties, representations or endorsements by Fallsview Casino Resort regarding their suitability or merchantability for a particular purpose.
INTELLECTUAL PROPERTY
Fallsview Casino Resort retains all rights to its intellectual property including trade names, logos, marks and patents related to the Service. The User acknowledges that use of any content from the site may not be reused without prior written authorization.
DISPUTE RESOLUTION AND GOVERNING LAW
By using this service the parties irrevocably submit to the exclusive jurisdiction of courts located in Ontario for purposes of resolving any disputes or matters related thereto, and consent to waive the right to trial by jury and hereby agree not to challenge such waivers on grounds that they are against public policy.
TERMINATION
Fallsview Casino Resort reserves the right at its sole discretion to terminate this agreement with Niagara Falls Casino if it deems them ineligible for online gaming services or where a breach of these Terms occurs, upon written notice provided by Fallsview Casino Resort.
CHANGES TO TERMS AND CONDITIONS
These Terms may be amended from time-to-time without prior written notice and shall become effective immediately after being posted on the Service website. Use of the Service will constitute acceptance by Niagara Falls Casino that they have reviewed such updates in accordance with these Terms and are subject to any revised terms.
INDEMNITY AND HOLD HARMLESS
The User agrees to indemnify, hold harmless and release Fallsview Casino Resort, its officers, directors, agents, partners, employees, heirs, assigns, licensees, transferees, successors and representatives against all claims, demands, actions, causes of action, suits, liabilities, expenses, charges, penalties, fines, fees, costs, disbursements, amounts, lost wages, past or present benefits, damages, claims, judgments, awards, orders, sentences, decrees, settlements, compromises or similar obligations directly arising out of Niagara Falls Casino’s use of the Service including but not limited to:
CONFIDENTIALITY AND NON-DISCLOSURE
Fallsview Casino Resort retains all rights to the Service, its software and confidential information as more fully set forth below ("Confidential Information"). Niagara Falls Casino agrees not to disclose Confidential Information to third parties including government officials except: a) as may be required by applicable law or b) in response to any judicial proceeding, order, summons, etc.