ONLINE/MOBILE SERVICES AGREEMENT
Accessing and transacting business on your Accounts by using one or more of our Online or Mobile Application services means you agree to all of the applicable terms and conditions of this Online/Mobile Services Agreement.
What this Agreement Covers. This Online/Mobile Services Agreement (“Agreement”) is an agreement between you and Big Red Keno (“Big Red”) that governs your use of our website generally, Online Services, Mobile Application Services and other services (together, the “Services”) that are accessible through our website or one of the mobile Big Red applications (“App” or “Apps”).
Accepting this Agreement. By clicking “I Agree” or logging in with your user ID and password to any of these Services, you are agreeing to:
(1) confirm that you can access and read all of this Agreement;
(2) abide by the terms and conditions of this Agreement;
(3) confirm that such action constitutes your legally binding signature.
Using these Services is optional. You should exit now if you disagree with any of the terms and conditions contained in this Agreement.
The Parties to this Document. In this Agreement, the words “you” and “your” refer to the person(s) named in the enrollment used to obtain access to these Services. This includes, but is not limited to using the website or the Apps. This includes any other person that you permit to access these Services using your user ID and password. The words “we” and “us” refer to Big Red. Big Red has divisions that operate under various brand names. For specific information, please contact us using the contact information under the “Contact Us” section of the website or mobile app.
Relationship of Parties. This document is a contract. Please keep a copy of this document in your records.
This Agreement Consists of the Following Terms.
• Online Services Terms. These terms are applicable to all of the Services described in this Agreement.
• Mobile Services Terms. These terms are applicable if you download the App and agree to the terms.
Service Availability. Services will generally be available 24 hours per day, seven days per week, except for scheduled maintenance. Any of these Services may be unavailable at times for security reasons or circumstances beyond our control (such as a fire, flood, power outage or communications or computer system failure) as well as for other reasons. We reserve the right to change service hours at any time.
For You to Terminate Services. If you want to terminate your access to these Services, you can call us at the number listed under the Contact Us tab on the website or App. Services may be discontinued immediately if we receive a call from you or someone claiming to be you. Alternatively, we may require that you follow another procedure so that we may verify your identity and your authorization to terminate.
For Us to Terminate Services. We reserve the right to terminate access to any or all Services in whole or in part at any time, with or without cause and without prior written notice. We reserve the right to temporarily suspend access to our website and any or all Services in situations we deem appropriate, in our sole and absolute discretion, including when we believe a system security breach has occurred or is being attempted. We may consider repeated incorrect attempts to enter your user ID or password as an indication of an attempted security breach. Terminating these Services does not affect your or our rights or obligations under this Agreement with respect to occurrences before termination.
Important Notice Regarding Changes in Terms: Subject to applicable law, all terms are subject to change. These terms are the complete terms of our Agreement with respect to these Services described herein, but do not supersede the terms and conditions applicable to other products or services that you may have previously acquired from us or that you may acquire from us in the future.
We may unilaterally change the terms of this Agreement at any time. If we make changes, we will update these terms on our website and App. Changes will be automatically effective on the date we specify and without the necessity of any further consent by you. Unless we specify otherwise, changed terms will apply to your Accounts as then outstanding as well as to future transactions. Each time you use these Services, you are confirming your consent to the terms of this Agreement, including any changes to the terms. Use of these Services is not, however, necessary for a change in terms to be effective. We may suspend or discontinue these Services at any time. These terms will survive after any suspension or discontinuation. If you disagree with a change, you should stop using these Services.
Assignment. You may not transfer, assign or delegate your rights or duties under this Agreement. Do not use an aggregator or screen scraper service provider. If you choose to use an aggregator or screen scraper service provider, you are authorizing them to act on your behalf in obtaining these Services.
Our Liability. The Services provided by the Website and the App are for your convenience. It is your obligation to ensure your tickets are properly created and to check whether they have won. We do not accept liability (1) for any tickets incorrectly created or tracked and for any incorrect information about winning numbers or tickets caused by errors on the website or App; (2) if you fail to use these Services properly in accordance with this Agreement and any online or other instructions supplied in connection with these Services; (3) if you fail to supply accurate information with regard to your tickets, number selection or game selection; (4) if your computer or software fails to operate correctly, or your instructions are lost or delayed in transmission to us; (5) if a bona fide security consideration causes us not to accept or create your ticket; or (6) your relevant Account is closed or your access to the Services have been terminated or suspended.
2. Online Services Terms
IDs and Passwords; Security. We may permit access to your Account information and may accept as authentic any instructions given to us using your user ID and password. You agree to keep your user ID and password secret. You agree to notify us immediately if your user ID or password is lost or stolen or if you believe someone else has discovered your user ID or password. If you permit someone else to have access to your user ID or password, you are authorizing that person to act on your behalf. We may permit such a third party to access your Account information and undertake transactions using these Services. These Services enable you to change your password and we strongly recommend that you do so regularly. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. We reserve the right to: (1) monitor and record all communications and activity related to these Services; and (2) require verification of all requested transactions as we deem appropriate. Our records will be final and conclusive in all questions concerning whether or not your user ID or password was used in connection with a particular transaction.
Email. You may use the email feature under the Contact Us tab on our website or App for general, non-urgent communications with us. You should not rely on email for important or time-sensitive notices to us. In any event, we will not take action based on an email request until we actually receive your message and have a reasonable opportunity to react. We would also caution you against using email for transmitting sensitive personal information. We reserve the right to terminate Services if email is used for threatening, abusive, obscene, libelous, defamatory or offensive material. Offensive material includes, among other things, sexually explicit messages or other messages that can be construed to be harassment or disparagement of others based on their race, color, religion, disability, age, sex or national origin.
3. Mobile Application Services Terms
To enroll, you may download the App to your Device. If you agree to these terms, it becomes part of this Agreement. You agree to these terms by signing in with your ID and Password.
CONSENT: BY ENROLLING, YOU CONSENT TO BEING CONTACTED AT THE MOBILE PHONE NUMBER AND EMAIL ADDRESS THAT YOU PROVIDE. THIS INCLUDES BUT IS NOT LIMITED TO CONTACT THROUGH LIVE OPERATORS, TEXT MESSAGES, EMAIL MESSAGES, AUTOMATICE TELEPHONE DIALING SYSTEMS AND ARTIFICIAL OR PRERECORDED VOICE MESSAGES. CONTACT MAY OCCUR TO RESPOND TO YOUR INQUIRIES, TO COLLECT MONEY YOU OWE US AND FOR OTHER CUSTOMER SERVICE PURPOSES. YOU CONSENT TO THESE CALLS AND TEXTS EVEN IF THE MOBILE PHONE NUMBER PROVIDED IS ON ANY STATE OR FEDERAL “DO-NOT-CALL” LIST AND EVEN IF YOU HAVE PREVIOUSLY REQUESTED US NOT TO CONTACT YOU AT THE MOBILE PHONE NUMBER.
Eligibility. You acknowledge that the Mobile Services may change over time and that if you wish to continue to access and receive the Mobile Services, you may be required to download certain App and updates from time to time. Additional enrollments may be required for some Mobile Services. You must be the authorized user of the Device that you wish to enroll and it must have the functions needed to support Mobile Services (e.g., it must be web-enabled. The Mobile Services may not be accessible in all geographic locations and may not function with some Devices, wireless carriers and mobile plans. Your wireless carrier's message and data rates may apply. You are solely responsible for charges imposed by your carrier or any third party based on the use of your Device. You represent that the information you supplied with your enrollment is accurate. You agree to keep the information in your mobile profile accurate and up-to-date and you should notify us in advance if your phone number, email or address is going to change. You consent to receiving electronic communications from us through your Device and our website.
Your Responsibility Generally. You agree to use ordinary care in using the Mobile Services. You agree not to share your Device or your user ID, password or other log in credentials with others. You agree to protect your Device against loss, theft or unauthorized use and you agree to follow the security recommendations that we make to you from time to time. You must not leave your Device unattended while logged into the Mobile Services. You agree to notify us immediately if your Device is lost or stolen or if you believe the security of your user ID, password or other log-in credentials has been compromised. You are responsible for protecting your Device against viruses, key loggers, malware and other unwanted functionalities.
FAILURE TO PROTECT YOUR DEVICE, USER ID, PASSWORD OR OTHER LOG-IN CREDENTIALS OR FAILURE TO COMPLY WITH THESE TERMS MAY RESULT IN SOMEONE ELSE BEING ABLE TO ACCESS THE MOBILE SERVICES AND/OR YOUR ACCOUNTS IN YOUR NAME. WE WILL CONSIDER ANY ACCESS AND ANY TRANSACTION USING YOUR USER ID AND PASSWORD OR OTHER LOG-IN CREDENTIALS AS BEING AUTHORIZED BY YOU. YOU ASSUME, TO THE FULLEST EXTENT ALLOWED BY LAW, ALL RISK OF FRAUDULENT OR UNAUTHORIZED ACCESS AND TRANSACTIONS MADE WITH YOUR USER ID AND PASSWORD OR OTHER LOG-IN CREDENTIALS.
Our Liability. We will use ordinary care in providing the Mobile Services. We do not guarantee that the Mobile Services will be uninterrupted or error free. We are not responsible for problems with your Device, for interruptions to or problems with your wireless service, or for losses or errors that occur during the transmission of information to or from us. We may have liability to you imposed by statute, which cannot be waived. Except for that liability, IN NO EVENT WILL WE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER WE WERE INFORMED OF THEIR POSSIBILITY. THE MOBILE SERVICES ARE PROVIDED AS IS AND WE DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL IN RESPECT OF THE MOBILE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The preceding limitations of liability apply regardless of whether any limited remedy herein fails of its essential purpose.
Copyright and Trademark Notices. The works of authorship contained at the below domains, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by us or one of our affiliates.
Except as otherwise expressly stated herein, our intellectual property (including, without limitation, patent, copyright, trademark and trade secret rights) may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent. You may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
Limitation or Termination of the Services. We reserve the right to terminate access to any or all of the Services, in whole or in part, at any time, with or without cause and without prior written notice. We also reserve the right to temporarily suspend access to any or all Services in situations we deem appropriate, in our sole and absolute discretion, including, without limitation, when we believe a system security breach has occurred or is being attempted.
Information Accuracy. This information on this website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. Although we strive for accuracy, some information and resources provided to you using these Services may contain technical or other errors, inaccuracies or omissions, typographical errors, and may become outdated. Information on our website including without limitation, product descriptions, definitions, explanations of uses, frequently asked questions, glossary of terms, and helpful hints are provided for your convenience only. We may change our products, services, terms, conditions and pricing at any time without notice and without first updating our website. Nothing on our website is intended to provide legal, accounting, tax or financial advice; you should consult your own professional advisor on such matters.
Limitation of Liability and Disclaimer. The information contained in or accessed via our website is provided “as is” and “as available”. Neither we nor any third party data provider is providing any warranties and representations regarding the Services. We and all third party data providers disclaim all warranties and representations of any kind with regard to our website, including any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for any particular purpose. Further, we will not be liable for any delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defect in our website, or for the incompatibility between this website and files and the user's browser or other website accessing program. Nor will we be liable for any other problems experienced by the user due to causes beyond our control. No license to the user is implied in these disclaimers.
Neither we nor any third party data providers warrant the accuracy, adequacy, or completeness of the information and materials contained on our website and each expressly disclaims liability for errors or omissions in all materials and information.
Furthermore, we and our affiliates will not be liable for any delay, difficulty in use, computer viruses, malicious code, or other defect in our website, any incompatibility between the website and the user's files and the user's browser or other website accessing program, or any other problems experienced by the user due to causes beyond our and our affiliates' control. No license to the user is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing our responsibilities and obligations to clients in accordance with applicable laws and regulations.
Under no circumstances will we be liable for any, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages arising out of any use of or inability to use the website or any portion thereof, regardless of whether we have been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.
If you are dissatisfied with any aspect of the Services your sole and exclusive remedy is to discontinue access.
Links to Other Websites. The Services contains links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval or endorsement of the linked website by us.
Waiver. We will not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.