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TERMS OF SERVICE

LAST UPDATED: October 1, 2017

INTRODUCTION

This Terms of Service Agreement (“Agreement”) is an agreement between you (“you” or “user”) and Holdings Acquisition Co, L.P. (d/b/a Rivers Casino and hereinafter referred to as “Rivers Casino”). and its affiliated entities (collectively “Company”, “we”, or “us”). This Agreement governs your access to and use of the Rivers Casino Casino4Fun™ play-for-fun online casino, whether accessed via computer, mobile device or application, or any other technology (the “Services”). By using the Services, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use the Services.
We may, in our sole discretion, modify this Agreement with or without notice to you. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Services after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

REGISTRATION; ELIGIBILITY

You are required to create an account on the Services in order to take advantage of certain features of the Services. In order to confirm the accuracy of all account registration details you provide to us, we reserve the right to carry out verification checks on our own or through third-party service providers. When these checks are unable to verify that you are twenty one (21) years of age or over, or are unable to verify any other detail provided by you, we reserve the right to ask for additional proof. If we remain unable to confirm any detail provided by you within seventy two (72) hours (or such other period as we may from time to time specify) of your account being opened, then we will suspend your account until we receive satisfactory proof, as determined in our sole discretion.
You will create a password for your account on the Services. Your username will be your email address or your Rush Rewards account number (or similar Company loyalty program account number). You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and account. You agree to (i) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. You agree to be responsible for all actions resulting from the use of your account on the Services, including actions resulting from unauthorized use of your account prior to you taking steps to prevent such occurrence by changing your password and notifying the Company.
Participation in the Services is open only to residents of those jurisdictions where participation is not prohibited by law, including by way of age. The Services are open to you only if you are the legal age of majority in the jurisdiction in which you reside. You cannot participate in the Services under any circumstances if you are not at least twenty-one (21) years of age. The Company makes no representation that the Services are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of the Services residing outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not the Company, are responsible for compliance with applicable local laws.

DORMANT ACCOUNTS; ABANDONED ACCOUNTS

Your account will be deemed a “Dormant Account” in the event you fail to use your account for a single continuous period of three hundred sixty five (365) days or more. Use of your account may consist of:
(a) playing one or more of the games on the Services for Virtual Goods (as defined below); or
(b) purchasing Virtual Goods.
After your account has been deemed a Dormant Account and has subsequently been dormant for an additional calendar month, your account shall be deemed an “Abandoned Account” and closed at a time solely determined by Company.
In the event that you return to the Services in order to carry out any one of the previously stated activities and your account has been previously deemed either a Dormant Account or an Abandoned Account, please contact our customer service team via email at [email protected] for a review of your account.

TERMINATION; DISCONTINUATION OF SERVICES

This Agreement is effective unless and until terminated by either you or the Company. You may terminate this Agreement and your Services account at any time, provided that you discontinue any further use of the Services. The Company also may terminate or suspend this Agreement and your account at any time and for any reason, without notice, and accordingly deny you access to the Services, including without limitation, if the Company determines in its sole discretion that you fail to comply with any term of this Agreement or that your use of the Services is harmful to the interests of another user or the Company. Upon any termination of the Agreement, all achievements and Virtual Goods that a user has acquired may, in Company’s sole discretion, be terminated and forfeited. You have no property rights in any achievements or Virtual Goods. Termination of this Agreement and your Services account for any reason will have no effect on (1) any Rush Rewards points and account You maintain, and (2) any Promotion (as defined below) prizes You have won (other than Virtual Good prizes, which will terminate with your Services account).
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
All provisions of this Agreement that, by their nature, are intended to survive termination of this Agreement shall survive.

VIRTUAL GOODS; RESPONSIBLE GAMING

When you perform certain activities through the Services (e.g., creating an account; logging in to the Services on a periodic basis; etc.), we may grant you Virtual Goods for use in playing games on the Services. The Services also allow you to purchase Virtual Goods with real money for use in playing games on the Services. Virtual Goods include in-game currency, and may include trophies and other virtual items (collectively “Virtual Goods”). A Virtual Good is a set of rights to digital items, as licensed by Company. Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from Company or any other party. You understand that you have no right or title in Virtual Goods other than the extent of your limited license.
Your purchase of the limited license for Virtual Goods is final and is not refundable, exchangeable, or transferable, except in Company’s sole discretion. You may not purchase, sell, or exchange Virtual Goods outside the Services. Doing so is a violation of this Agreement and may result in termination of your account with the Services and/or legal action.
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