TERMS AND CONDITIONS

IMPORTANT NOTICE: These Terms and Conditions have been updated as of May 16th, 2024.

THIS WEBSITE AND THE SERVICES PROVIDED HEREIN DO NOT OFFER “REAL MONEY GAMBLING” OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES BASED ON THE OUTCOME OF PLAY.

THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION AND CLASS ACTION WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL HAVE TO PRESENT YOUR CLAIMS TO AN ARBITRATOR AND NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.

OPT-OUT. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS, AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE “BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” SECTION OF THESE TERMS, BELOW.

PLEASE READ THE FOLLOWING TERMS OF USE, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SEE THE “BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” SECTION OF THESE TERMS, BELOW), THE PRIVACY POLICY, AND OFFICIAL RULES CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY EMPIRE CITY CASINO SERVICES OR WEBSITE OR APPLICATION. YOU AGREE THAT YOUR CONTINUED USE OR ACCESS OF THE SITE OR SERVICES SHALL BE SUBJECT TO THESE TERMS OF USE, WHICH FURTHER INCORPORATE AND INCLUDE THE PRIVACY POLICY AND OFFICIAL RULES (COLLECTIVELY, THE “AGREEMENT”).

These Terms and Conditions constitute a Terms of Service Agreement (“Terms and Conditions”) between you (“you” or “user”) and Empire City Casino (“Empire City Casino”, “we”, or “us”). Herein, you and Empire City Casino will together be referred to as the “parties” to this Agreement.

This Agreement governs your access and use of the games (“Games”) available through https://play.empirecitycasino.com/ and or its related mobile application (the “Website” or “Site”) and all related web pages, interactive features, applications, widgets, blogs and mobile applications, and their respective contents, whether accessed via computer, mobile device or other technology (collectively, the “Services”).

In addition, when using particular services or features or making purchases on the Services, you shall be subject to any guidelines or policies applicable to such services, features or purchases. All such guidelines or policies are hereby incorporated by reference into this Agreement (which means that all such guidelines or policies are part of this Agreement).

The Website, the Games available on it and the underlying software and hardware platform is wholly hosted in a secure data center in United States.

Empire City Casino’s social casino available via the Website is intended for use only by those 18 or older, and only for amusement purposes. No actual money or anything of value can be won playing these Games. Practice or success at social casino gaming does not imply future success at real-money gambling. If you are under 18 years old, you are not authorized to access or otherwise use the Services. By using the Services or Games, you certify that you are at least 18 years of age. We reserve the right to verify age at any time. We further reserve the right to terminate the Services in whole or in part, or to terminate or deny access to the Services by any individual, at any time in our discretion.

You are subject to all laws of the geographic jurisdiction in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree Empire City Casino cannot be held liable if laws applicable to you restrict or prohibit your participation. Empire City Casino makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Games nor shall any person affiliated, or claiming affiliation, with Empire City Casino have authority to make any such representations or warranties. Empire City Casino reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation may be illegal or restricted, as determined by Empire City Casino, in its sole discretion.

The Website and participation in the activities on the Website is restricted in certain circumstances. Participation in the activities and Games is open only to residents of those jurisdictions where such participation is legal and not prohibited by law, including by way of age. You cannot play under any circumstances if you are not at least eighteen (18) years of age; minors may not play. Additionally, residents of countries outside of the United States and residents of the states listed below within the United States, regardless of their age, may not play:

Alabama

Alaska

Missouri

New Mexico

South Carolina

Washington DC

In order to avoid minors playing on this website, we reserve the right to carry out verification checks to verify the information provided by you. We may undertake a search with a third party for the purpose of verifying that you are 18 years or over. Where these checks are unable to verify that you are 18 years of age or over, we reserve the right to ask you for proof of age, satisfactory to us in our sole discretion. If you do not provide satisfactory proof that you are age 18 or over within seventy-two (72) hours of our request (or such other period as may from time to time be specified by us), then we may suspend your account until satisfactory proof of your age is provided.

With respect to players who reside outside the United States, you may not seek to register and/or open an account within this Website, and in the event you circumvent the technical blocking systems employed by us, or our designees, to prevent access by residents of countries outside the United States, your account will be subject to immediate closure and you will forfeit any and all Virtual Credits contained therein.

We, along with our designees, reserve the right to carry out local research and to check with local authorities if you fail to produce evidence of your identity within seventy-two (72) hours (or such other period as may from time to time be specified by us) of a request, and in the event you fail to produce evidence of your identity, we will suspend your account pending closure.

You acknowledge that all materials on the Services, including the Services’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Empire City Casino and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through this Agreement or otherwise. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright/intellectual property owners. Except as expressly authorized by this Agreement or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Empire City Casino. Empire City Casino authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the Materials. You may not modify, use or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services are the sole property of Empire City Casino and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Empire City Casino. In addition, all page headers, custom graphics, button icons and scripts are Marks of Empire City Casino or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Empire City Casino. Empire City Casino may enforce its intellectual property rights to the fullest extent of the law, including closing the accounts of any user we determine in our sole discretion may be violating this Agreement.

We respect the intellectual property rights of others and require that Service users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Empire City Casino’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(2), named below:

(a) A physical signature of the person authorized to act on behalf of the owner of the copyright;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Services;

(d) Your address, telephone number and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Before you file your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: [email protected]

You expressly agree that, as part of the Services, you may receive communications by text message, push notification, and/or email, including promotional communications from time to time. You may stop receiving promotional alerts via email by clicking the unsubscribe links contained in such emails or by emailing your request to opt out, along with your cell phone number to [email protected] or by disabling push notifications on your mobile device. You may stop receiving promotional alerts via text message by responding "stop" to any promotional text received. You may not opt out of service-related emails.

You must have an internet-enabled cell phone or device using either the iOS or Android operating system in order to access our mobile applications. Normal carrier charges and taxes may apply to any content you obtain from the Services. Empire City Casino is not responsible for any charges you incur from your cell phone or internet service provider as a result of the use of the Services.

Use of the Services is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using the Services, you acknowledge that you have read, and you agree to be bound by the Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services, account registration, and any other personal information provided by you in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement.

When using the Services or posting User Content you are required to:

·         use polite and courteous behavior; and

·         to extend to strangers from different US States and cultures those widely recognized levels of social etiquette employed during telephone communications or meetings in person.

While the great majority of online players understand and adhere to these recognized levels of courtesy and politeness in all chat room discussions and email messages (“Communications”) a small minority may engage in unacceptable behavior during such Communications (“Abuse”).

Your ability to express yourself during online Communications using the Services is subject to your primary responsibility towards other players not to cause offense through the use of inappropriate or inflammatory words, comments or phraseology during online Communications either prior to, during, or after, any online Game session.

We require that you refrain from Abuse, whether intentionally caused or not. Abuse may be specifically constituted by any of the following (as determined by Empire City Casino in our sole discretion):

·         using foul language or expletives in the course of Communications;

·         insulting fellow players (whether in-Game or not);

·         transmitting any Communications or content which could be reasonably viewed as illegal, promoting an illegal activity, promoting commercial services, libelous, defamatory, discriminatory, promoting cheating in Games, obscene, pornographic, profane, sexually explicit, abusive, invasive of privacy, infringing of intellectual property rights, otherwise injurious to third parties or objectionable, consisting of or containing software viruses, links to other websites, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”;

·         repeated or one-off Communications during a Game session intentionally timed to distract or otherwise interfere with the course of the Gameplay; and/or

·         employing sexual language or words suggesting inappropriate behavior.

In addition, we strongly recommend to our players that they withhold their email addresses from other players at all times in order to avoid the risk of onward distribution or publication of these to unauthorized companies or persons. We will not release email addresses to unauthorized third parties unless required to do so by operation of law or regulation, and we request that our players extend that privilege to each other.

COMPLIANCE WITH OUR CODE OF ONLINE CONDUCT IS A MANDATORY REQUIREMENT OF ALL OUR PLAYERS WHO HAVE ACCEPTED OUR TERMS & CONDITIONS FOR USING AND ACCESSING THE WEBSITE AND PLAYING THE GAMES.

We reserve the right to monitor, store and review all chat room and in-Game Communications and to investigate any complaints submitted by our players. Failing to comply with these provisions, or any terms of this Agreement, may result in the suspension and/or termination of your user account. Suspended accounts may be re-activated at our discretion.

You agree that you will not use the Services to:

(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, racially, ethnically or religiously offensive, unlawful or objectionable (including without limitation, nudity and depiction of drug use);

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to a representative of Empire City Casino, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;

(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to affect, interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(k) “stalk” or otherwise harass another;

(l) collect or store personal information or data about other users of the Services, or disclose another user's personal information or data to any third party;

(m) solicit personal information or data from anyone under 18 years of age; and/or

(n) “bot”, “hack”, “crack”, or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services.

Links on the Services to third party websites and applications may be provided as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. You agree that [●] and its affiliated parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications.

YOU USE THESE LINKS AT YOUR OWN RISK.

You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful.

EMPIRE CITY CASINO EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, LEGALITY, DECENCY OR ACCURACY OF ANY INFORMATION, AND FOR ANY PRODUCTS AND SERVICES, THAT APPEAR ON (OR ARE SUPPLIED THROUGH) ANY THIRD PARTY WEBSITE OR APPLICATION.

Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party application provider. You agree that Empire City Casino and its affiliated parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party application providers on the Services.

EMPIRE CITY CASINO IS NOT RESPONSIBLE FOR ANY PRODUCT OR SERVICE (INCLUDING THIRD PARTY APPLICATIONS) SOLD ON OR THROUGH THE SERVICES OR ANY CLAIMS OF QUALITY OR PERFORMANCE MADE ON OR THROUGH THE SERVICES.

AVAILABILITY OF GAMES

We reserve the right, in our sole and absolute discretion and without liability, to cancel or suspend a Game should a virus, bug, worm, interference, abuse, communication or server failure occur or for any other reason we deem necessary.

ACTIVE GAME SESSIONS

Once a single player Game commences it will continue until:

• (a) you win;

• (b) you lose;

• (c) you resign; or

• (d) your connection is terminated for any reason or the internet browser window is closed.

In the event of a multi-stage single-player game where there are still active challenges involving Virtual Credits (as defined herein) that have not been determined, the Game state may be stored and resumed at a later date.

Once a multiplayer Game commences it will continue until:

• (a) you win;

• (b) you lose;

• (c) you resign; or

• (d) your connection is terminated for any reason in which case you will be deemed to have lost the Game if you cannot reconnect to the Game while it is still in progress (please see the terms of our disconnection policy as set out below). If you lose your connection during a game of Pro Blackjack, in which you were in the middle of playing out one or more hands of blackjack, your session will persist and you will be able to login to the website, re-launch the Pro Blackjack Game and continue your session.

In the event that:

• (a) a disconnection occurs; or

• (b) you close the Game lobby window (which closes all game tables); or

• (c) you close the Game table window,

your Game will be paused and your opponent notified of your disconnection. If you log back in and re-enter the Game lobby within two (2) minutes you will be given the opportunity to rejoin your Game table (the “Disconnect Protection”). If you do not reconnect within the two minute period, your opponent will be deemed the winner and your Virtual Credits or Virtual Credit-liability will be deducted or forfeited.

Our software will detect whether there has been a genuine disconnection. If you try to claim Disconnect Protection upon getting “timed out”, you will be deemed to have resigned from the Game. Disconnect Protection is not to be used for any purpose other than a genuine disconnection. Any intentional disconnections from the virtual Game lobby or virtual Game table may result in forfeiture or deductions of Virtual Credit winnings, or expulsion from the Site.

In the unlikely event a real Game in progress is cancelled due to technical issues, both players will be automatically refunded their Virtual Credit buy-ins, regardless of the players’ standing when the Game was stopped. We reserve the right to render final decisions on all matters concerning Game terminations or stoppages or other Game determination issues, at our sole discretion. Refunds of Virtual Credit buy-ins may be communicated via electronic mail or via the Site.

Although the Services are free-to-play by means of Virtual Credits issued to you at no charge by Empire City Casino, from time to time, they may include an opportunity to also purchase Virtual Goods (as defined below), using real-world money, as a game enhancement only. Virtual Goods include in-game credits (“Virtual Credits”) and other virtual items (“Virtual Goods”). A Virtual Good is a set of rights to digital items, as licensed by Empire City Casino. Virtual Goods can never be redeemed for real-word money, goods, or any other item of real-word monetary value from Empire City Casino or any other party. You understand that you have no right or title in Virtual Goods other than the extent of your limited license.

VIRTUAL GOODS HAVE NO ECONOMIC VALUE AND PROVIDE NO ECONOMIC ADVANTAGE OR GAIN TO THE USER.

NO PURCHASE IS NECESSARY TO PLAY THE GAME(S). IF YOU USE UP YOUR SUPPLY OF VIRTUAL CREDITS, YOU MAY ELECT TO PURCHASE ADDITIONAL VIRTUAL CREDITS AND CONTINUE TO PLAY THE GAMES THROUGH THE SERVICE, OR YOU MAY WAIT UNTIL ADDITIONAL FREE VIRTUAL CREDITS ARE MADE AVAILABLE TO YOU. PLEASE NOTE THAT IF YOU WISH TO CONTINUE TO PLAY, A NOMINAL AMOUNT OF VIRTUAL CREDITS MAY BE ISSUED TO YOU BY CONTACTING: [email protected]

Your purchase of the limited license for Virtual Goods is final and is not refundable, exchangeable, or transferable, except in Empire City Casino’s sole discretion. You may not purchase, sell, or exchange Virtual Goods or Virtual Credits outside the Services. You may not fraudulently acquire Virtual Goods.  Doing so is a violation of this Agreement and may result in termination of your account with the Services and/or legal action.

EMPIRE CITY CASINO RETAINS THE RIGHT TO MODIFY, MANAGE, CONTROL OR VIRTUAL CREDITS AND/OR ELIMINATE YOUR LIMITED LICENSE WITH RESPECT TO VIRTUAL GOODS OR VIRTUAL CREDITS AT ITS SOLE DISCRETION. PRICES AND AVAILABILITY OF LIMITED LICENSES FOR VIRTUAL GOODS AND VIRTUAL CREDITS ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Your per-Game player rating is operated and defined at our absolute discretion and is subject to change from time to time without notice to you. Information on player ratings is clearly displayed on each Game specific Website page.

Please ensure all of your personal details relevant to your account on the Website (under the section titled Empire City Casino) are correct. If any of your personal details are either not correct or are missing, we will not be able to authorize and process your payments in return for Virtual Credits or Virtual Goods.

The available payment method is by credit cards, including Visa, Master Card, Discover and American Express. 

Security reviews may be performed at any time to validate your identity, age and registration data provided.  You therefore authorize us (and our agents) to make any inquiries of you and for us to use and disclose to any third party details that we consider necessary to validate the information you provided to us, or should have provided to us, in accordance with these Terms and Conditions, including but not limited to:

• (i) Ordering a credit report; and

• (ii) Verifying the information provided by you against databases provided by third parties.

To enable us to fully conduct these inquiries, you agree to provide such information or documentation as we, in our sole discretion, may request.

Virtual Credit-based transactions are only valid if accepted by our server. Until acceptance of the transaction by our server, all information displayed relating to a Game constitutes an invitation to play only. You agree that our records shall be the final authority in determining the validity and terms of any transactions and the circumstances in which they were made. We reserve the right, at our sole discretion, to refuse or limit any transaction. Where a transaction is invalid, refused or its value limited, any Virtual Credit-based sum deducted from your account with respect to that Game may be credited to your account.

VIRTUAL CREDITS MAY NOT BE WITHDRAWN FROM YOUR ACCOUNT IN ANY CIRCUMSTANCES. YOU ACKNOWLEDGE THAT THE VIRTUAL CREDITS HELD WITHIN YOUR ACCOUNT HAVE NO MONETARY VALUE AND ARE NEITHER MONEY NOR REAL CURRENCY.  YOUR VIRTUAL CREDITS BALANCE IS ASSOCIATED ONLY WITH YOUR ACCOUNT.  IT MAY NOT BE GIFTED, EXCHANGED OR IN ANY MANNER TRANSFERRED TO ANOTHER PERSON OR EMPIRE CITY CASINO].

We will charge you one hundred percent (100%) of the real-word money sums paid by you in return for Virtual Credits reused to play the Games available on the Website. This fee shall be taken in full and shall be effective from the moment your real-word money online payment in return for any amount of Virtual Credits is successfully processed. We charge this fee to cover our costs of development, hosting and maintenance, and we may share any profits with commercial partners.

THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE PRODUCTS, THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

BY ACCESSING, USING OR DOWNLOADING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY OF EMPIRE CITY CASINO, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, SUPPLIERS, CONSULTANTS, ADVERTISERS, PAYMENT AND OTHER SERVICES PROVIDERS OR CONTRACTORS (COLLECTIVELY “RELEASED PARTIES”) ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID EMPIRE CITY CASINO IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.

THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Under California Civil Code Section 1789.3, California consumers are entitled to specific, annual consumer rights notices.  If you are a resident of California, we will comply with these notice requirements.  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952 – 5210.

BY USING THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS (INCLUDING, PAYING REASONABLE ATTORNEY’S FEES AND COSTS OF SUIT) THE RELEASED PARTIES FROM ANY AND ALL CLAIMS (INCLUDING, THIRD PARTY CLAIMS) AGAINST THEM RELATED IN ANY WAY TO YOUR ACCOUNT, YOUR USE OF THE SERVICES OR YOUR ACCESS TO THE SITE.

You are required to establish an account and/or to register on the Services in order to take advantage of certain features of the Services. This account is limited to your personal use and may not be transferred, rented, leased, sold, traded, or assigned to or used by any other person.  You are prohibited from accessing or using an account which has been rented, leased, sold, traded, or otherwise transferred from the account creator without Empire City Casino’s written permission.

If you provide information on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Services, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or Empire City Casino has reasonable grounds (in our sole discretion) to suspect that such information is false, inaccurate, outdated or incomplete, Empire City Casino has the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you.

You are responsible for maintaining the confidentiality of the password(s) and account(s) you create and are fully responsible for all activities that occur under your password(s) and account(s). You also agree that you will not lend or transfer your login details to any third party. You shall fulfil all commitments made on your account in the course of using the Website and shall be responsible for all communication from your account with us. Empire City Casino reserves the right to refuse registration of, or cancel, a username in its sole discretion. You agree to (a) immediately notify Empire City Casino of any unauthorized use of your password or account or any other breach of security, and (b) 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 your taking steps to prevent such occurrence by changing your password and notifying Empire City Casino. We shall not be required to maintain usernames or passwords and if you misplace, forget, lose or are otherwise unable to enter the Website, we will not be responsible and will not be held liable for any claims regarding your account. You agree that Empire City Casino and its affiliated parties will not be liable for any loss or damage arising from your failure to comply with this section.

You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. You agree not to post on or transmit through the Services any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.

You further agree that you will not access the Services by any means except through the interface provided by Empire City Casino for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of Empire City Casino is prohibited.

IN ADDITION TO ANY OTHER REASONS SET FORTH IN THIS AGREEMENT, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS OR LONGER. IF YOU WANT US TO CANCEL OR DELETE YOUR ACCOUNT, YOU CAN CONTACT US AT [email protected]

Please be aware that once we delete your account, all records related to that account, such as your Virtual Credits, experience, and progress within the Game will be permanently deleted. We cannot restore an account if you change your mind once the deletion is complete.
Once your account is deleted, you will receive an email confirmation.
If you are just looking to have the Game removed from your device, you can do that at any time by long-pressing on the app icon until the uninstall option appears.

This Agreement is effective unless and until terminated by either you or Empire City Casino. You may terminate this Agreement at any time, provided that you discontinue any further use of the Services. Empire City Casino also may terminate or suspend this Agreement, at any time, without notice and accordingly deny you access to the Services, for any reason, including without limitation, if in Empire City Casino’s sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or the Released Parties. Upon any termination of this Agreement by either you or us, you must promptly uninstall any mobile applications you obtained through the Services and destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under this Agreement or otherwise. Additionally, upon termination, all achievements that a user has acquired may, in Empire City Casino’s sole discretion, be terminated and forfeited.

YOU HAVE NO PROPERTY RIGHTS IN ANY ACHIEVEMENTS. AS TO VIRTUAL GOODS AND VIRTUAL CREDITS, UPON TERMINATION, YOUR LIMITED LICENSE TO THOSE VIRTUAL GOODS AND VIRTUAL CREDITS WILL BE TERMINATED AND FORFEITED, AND YOU WILL HAVE NO FURTHER RIGHTS ASSOCIATED WITH THE VIRTUAL GOODS OR VIRTUAL CREDITS.

Empire City Casino 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 Empire City Casino and its affiliated parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.

You agree that Empire City Casino may terminate or suspend your access to all or part of the Services, without notice, for any conduct that Empire City Casino, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or Empire City Casino and its affiliated parties.

The Sections titled “VIRTUAL GOODS,” “BINDING ARBITRATION AND CLASS WAIVER,” “LIMITATION OF LIABILITY; DISCLAIMER,” “INDEMNIFICATION,” and “ACCOUNTS; SERVICE USAGE; TERMINATION OF USAGE” shall survive the termination of this Agreement together with those that by their nature should survive the termination of this Agreement, if any.

Any contests, surveys, rebates, Games or similar promotions (each, an “Event”) made available through the Services may be governed by specific rules (“Official Rules”) that, as set forth above, are incorporated herein and will be available on our Site.   

Employees of Empire City Casino, as well as their respective affiliates may be ineligible for certain promotions. Empire City Casino urges you to read the applicable Official Rules and our Privacy Policy, which in addition to this Agreement, governs any information you submit in connection with such activities. 

You may be awarded Virtual Credits to use on the Website by opening an account online and thereby automatically accepting a promotional offer. We reserve the right to remove Virtual Credits from your account if we, at our sole discretion, deem you have attempted to abuse the Virtual Credits.  

As a participant in any Event, you agree to abide by these Terms and Conditions governing usage of the Games and the Website. Any Official Rules relating to an Event will be set forth on the Website under the promotions section. We reserve the right to vary the terms of, or terminate, the Event and/or to withdraw any other offers described in these Terms and Conditions at any time and without notice and shall not be held liable for doing so. Each Event is available only once per customer name. The identity of a customer name will be determined on the basis of all, or any, combination of the following: name, mailing address, e-mail address, IP address, credit/charge card number, computer, and any other forms of identification which may be required. We reserve the right to ask you to provide sufficient documentation to satisfy us in our sole discretion as to your identity prior to us awarding any Virtual Credits consequent to any Event.  If you are found to have multiple accounts, it will result in all your accounts being closed and any Virtual Credits being forfeited.

In the event you accumulate a material amount of Virtual Credits in your account, as determined at the sole discretion of Empire City Casino, during the course of playing the Games available on the Website, you authorize us to promote your activities playing the Games and associated Virtual Credits accumulation through diverse marketing and promotion undertaken in a manner entirely at our discretion and including but not limited to:

·         news articles posted online and visible to other players of the Games;

·         leaderboards published on the Website;

·         email communications to our other Customer Names;

·         press releases intended for publication to the public; and

·         advertising of your activities.

At all times we will ensure that your actual, real-world identity is kept confidential unless specifically waived by you.

If you are playing any head-to-head or multiplayer Game in competition against or seated with other players of the same Games, you cannot see or identify those players who you are playing against or with (other than by username or alias published in the software environment) and acknowledge that they may be:

·         colluding with other third party players; or

·         using unfair external factors or influences (commonly known as cheating); or

·         undertaking fraudulent activities to your disadvantage and their advantage.

SUCH PRACTICES ARE NOT ALLOWED, AND WE WILL TAKE REASONABLE STEPS TO PREVENT THEM, BUT WE CANNOT AND DO NOT GUARANTEE THAT WE WILL BE ABLE TO STOP OR PREVENT THEM.

If you suspect any player is cheating or colluding or undertaking a fraudulent activity, it should be reported to us immediately using the following email: [email protected] identifying the player or players’ usernames or aliases involved and containing a brief description of their activities.

WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT, WITHHOLD OR CONFISCATE IN FULL OR PART (AT THE SOLE DISCRETION OF EMPIRE CITY CASINO) THE VIRTUAL CREDITS BALANCE OF YOUR ACCOUNT, AND IN DOING SO, RECOVER FROM YOUR ACCOUNT THE AMOUNT OF ANY VIRTUAL CREDITS IF:

·         you are found to be or reasonably suspected to be participating in any form of collusion or fraudulent practice;

·         we become aware that you have undertaken Virtual Credits gaming with any other online provider of Virtual Credits gaming and are suspected (as a result of such play) of fraud, collusion or unlawful or improper activity;

·         we become aware that you have begun proceedings to “charge back” a bank card or have denied any of the Virtual Credits purchasing transactions made on your account;

·         you become bankrupt or have equivalent proceedings occurring anywhere in the world;

·         you violate or promote the violation of any applicable laws or regulations; or

·         you or person(s) using your account have engaged in any activity on the Website for which you or such persons were not eligible or which otherwise violates these Terms and Conditions.

If we become aware, or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity, then we reserve the right to retain the amount of that transaction and any other transaction made by you. We shall be under no obligation to provide you with any reasons for so doing.

Where we suspect that you are participating in any form of unlawful activity, collusion or fraudulent practice, we reserve the right to report such activity or suspicions to the police or relevant authorities.

You may not play any Game if you or a member of your household, are or have ever been, an employee of Empire City Casino or any of their affiliated companies. For the purposes of this clause, an “employee” includes third party contractors such as licensors, software suppliers, developers or partners and all those persons in any way affiliated with them.

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at www.staysafeonline.org

This Website and the Services are controlled and operated by and/or for Empire City Casino from within the United States of America, and are intended for use only by residents of the United States, subject to law. Empire City Casino makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

These Terms and Conditions and your use of this Website and the Services shall be governed by, and construed and enforced in accordance with the laws of the State of Empire City Casino, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.

To the maximum extent permitted under applicable law, these Terms and Conditions shall not be subject to the United Nations convention on contracts for the international sale of goods, or the Uniform Computer Information Transactions act (“UCITA”) (prepared by the national conference of commissioners on uniform state laws) as currently enacted or as may be enacted, codified or amended from time to time by any jurisdiction. To the extent that any aspect of this Agreement is unclear or disputed by you or us and UCITA, if applied, would clarify such license or resolve such dispute, you and we agree to clarify such license or resolve such dispute independently of UCITA by applying the intent of the parties at the time that they entered into this Agreement.

Please contact us at: [email protected] to discuss any dispute, claim, or disagreement (“Complaint”) you may have regarding this Agreement or your use of this Website or the Services. Most Complaints may be quickly resolved in this manner. You, the user, and we, Empire City Casino, shall use our best efforts to attempt to resolve any Complaint directly through consultation and good faith negotiations which shall be a prerequisite to initiating arbitration, as explained in the Binding Arbitration and Class Waiver provisions below. If you wish to make a Complaint, please do so by contacting Customer Service at  [email protected] as soon as possible after the occurrence of the event to which the Complaint relates.  The longer you wait to file a Complaint, the more difficult it may be to quickly resolve it.Please contact us at: [email protected] to discuss any dispute, claim, or disagreement (“Complaint”) you may have regarding this Agreement or your use of this Website or the Services. Most Complaints may be quickly resolved in this manner. You, the user, and we, Empire City Casino, shall use our best efforts to attempt to resolve any Complaint directly through consultation and good faith negotiations which shall be a prerequisite to initiating arbitration, as explained in the Binding Arbitration and Class Waiver provisions below. If you wish to make a Complaint, please do so by contacting Customer Service at  [email protected] as soon as possible after the occurrence of the event to which the Complaint relates.  The longer you wait to file a Complaint, the more difficult it may be to quickly resolve it.

PLEASE READ THIS ARBITRATION & CLASS ACTION WAIVER AGREEMENT (“ARBITRATION AGREEMENT”) CAREFULLY. THIS ARBITRATION AGREEMENT INCLUDES A MANDATORY ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND EMPIRE CITY CASINO SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS ARBITRATION AGREEMENT, YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU MUST SUBMIT YOUR CLAIM TO AN ARBITRATOR AND WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.

(i)     ACCEPTANCE OF TERMS

By using, or otherwise accessing the Service, or clicking to accept or agree to this Arbitration Agreement where that option is made available, you accept and agree to this Arbitration Agreement. If you do not agree to this Arbitration Agreement, then you may not access or use the Site or Service. All of your activity on the Website and all or your transactions with Empire City Casino, including all events which occurred before your acceptance of this Arbitration Agreement, are subject to this Arbitration Agreement.

(ii)   SCOPE OF ARBITRATION AGREEMENT

You and Empire City Casino agree that any past, pending, or future dispute, claim or controversy arising out of or relating to any purchase or transaction by you, your access to or use of the Site or the Services, or to this Arbitration Agreement, the Terms of Use, the Official Rules, the Privacy Policy or the Agreement or part thereof (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of any claims under this Arbitration Agreement or the Terms of Use) (a “Dispute”), shall be determined by arbitration, including claims that arose before acceptance of any version of this Arbitration Agreement, except that you and Empire City Casino are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. In addition, in the event of any Dispute concerning or relating to this Arbitration Agreement - including the scope, validity, enforceability, or severability of this Arbitration Agreement or its provisions, as well as the arbitrability of any claims - you and Empire City Casino agree and delegate to the arbitrator the exclusive jurisdiction to rule on his or her own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Arbitration Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.

(iii)  SEPARATE AGREEMENT

            The parties acknowledge that this Arbitration Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, and that any alleged or determined invalidity or illegality of all or any part of the Agreement, the Service, the Site, etc. shall have no effect upon the validity and enforceability of this Arbitration Agreement.

(iv)   INITIATING ARBITRATION

Following the conclusion of the initial dispute resolution process required by this Agreement, you may seek arbitration of a Dispute in accordance with the provisions of this Arbitration Agreement. The arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), except as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879, or its then current telephone number as provided on its web site. In the event the AAA is unavailable or unwilling to hear the dispute in accordance with this Arbitration Agreement, the parties shall agree to, or a court shall select, another arbitration provider.  

By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

(v)    OPTION AND PROCEDURE TO OPT OUT OF ARBITRATION

IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT TO ARBITRATE BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THE ARBITRATION PROVISIONS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.

IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS OF THIS ARBITRATION AGREEMENT REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS ARBITRATION AGREEMENT, SEND AN E-MAIL FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT TO [email protected] CONTAINING YOUR FULL NAME, ADDRESS, THE WORDS “OPT OUT” IN THE BODY AND SUBJECT LINE OF THE EMAIL, AND A STATEMENT THAT YOU WISH TO OPT-OUT OF ARBITRATION.

***EMAILS SENT TO OPT OUT AFTER THE 30 DAY PERIOD SHALL NOT BE EFFECTIVE.***

Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these terms of use. You should take reasonable steps to conduct further research and to consult with legal counsel (at your expense) regarding the consequences of your decision.

(vi)   LOCATION OF ARBITRATION & APPLICABLE RULES

You and Empire City Casino agree that:

(a)        provided the Dispute involves solely individual claims for damages in accordance with the Arbitration Agreement, the American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Rules in effect at the time arbitration is sought, available at www.adr.org, and the arbitration shall be conducted via telephone or other remote electronic means.  However, the parties agree: to select an arbitrator pursuant to the procedure set forth in R-12 of the Commercial Part Rules (instead of the Consumer Part Rules); that the AAA will only include arbitrators from the AAA National Registry Commercial Part list on the parties’ arbitrator selection list (instead of the Consumer list); and the AAA will only include arbitrators who are practicing attorneys or retired federal court judges who have at least ten years of substantive expertise in litigating and resolving of complex business disputes, including motions to compel arbitration and litigation or adjudication regarding whether disputes are arbitrable.

(b)        You and Empire City Casino agree that the arbitration of any Dispute shall proceed on an individual basis and neither you nor Empire City Casino may bring a claim as a part of a Collective Arbitration.

(i)         Without limiting the generality of the Arbitration Agreement, and as an example only, a claim to resolve a Dispute against Empire City Casino will be deemed a Collective Arbitration if: (a) two (2) or more similar claims for arbitration are pending concurrently by or on behalf of one or more claimants; and (b) counsel for the two or more claimants are the same, share fees or coordinate in any way across the arbitrations.

(c)        If, notwithstanding the terms of this Arbitration Agreement, to the extent a party attempts to assert any claims or seek relief on behalf of or for the use of other persons or a class under any theory, or in which injunctive relief is sought by a party that would significantly impact other Empire City Casino users or the operation of the Platform, the Commercial Arbitration Rules shall apply and, as appropriate, the Supplementary Rules for Class Action of the AAA may apply (but for clarity, no class action remedy may be awarded).

(d)        the AAA rules will govern payment of all arbitration fees;

(e)        except as otherwise may be required by the AAA Rules, the arbitration will be held in Westchester County, New York;

(f)        the arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available in an individual lawsuit and that are not waivable under applicable law, however, any relief must be individualized to you and shall not affect any other persons.

(g)        except as and to the extent otherwise may be required by law, the arbitration proceeding, pleadings, and any award shall be confidential, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement.

(vii)      WAIVER OF CLASS RELIEF AND COLLECTIVE ACTION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR EMPIRE CITY CASINO SHALL BE ENTITLED TO BRING, CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS ARBITRATION AGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. You and EMPIRE CITY CASINO are each waiving respective rights to participate in a class action. By accepting this ARBITRATION Agreement, you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any existing as of the date you agreed to this ARBITRATION Agreement.

(viii)      WAIVER OF JURY TRIAL

EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SITE, THE SERVICES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.

(ix)     SEVERABILITY

This Arbitration Agreement applies solely to the extent permitted by law. If for any reason any provision of this Arbitration Agreement or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of this Arbitration Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Arbitration Agreement which shall continue in full force and effect. The parties agree further that if any part of this Arbitration Agreement is deemed to be illegal, invalid, void or for any reason unenforceable, that the invalid or unenforceable provision should, to the greatest extent possible, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

You and Empire City Casino agree that any claims, regardless of form, arising out of or related to the Site (including Services), this Agreement, the Arbitration Agreement, etc., arising in contract, tort, or any under legal theory must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or Dispute, after which all such claims and Disputes will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.

In the event any provision of the terms and conditions in this Agreement is held unenforceable, such provision will be ineffective but shall not affect the enforceability of the remaining provisions.  To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise revised by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the Agreement, and may be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

This Agreement, including any Official Rules, the Privacy Policy, the Arbitration Agreement and other policies and terms incorporated herein, constitutes the entire and only Agreement between [●] and each user of the Services with respect to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

You understand and agree that we may from time to time make changes or otherwise amend this Agreement including these Terms and Conditions, Official Rules or the Privacy Policy.  We may, but shall not be required to, provide notice to you of any changes or amendments, and to the extent any such obligation under law exists notwithstanding this provision, you agree that such obligation will be satisfied by sending an email to the email address associated with your Account.  The current Agreement will be posted on the Site.  Any such modifications and amendments will take effect upon posting the revised terms and/or policies on the Website.  It shall be your obligation to check the Agreement each time you use the Services.  You agree that your continued use of the Services after that date will constitute your acceptance of and agreement to such changes.

In the event of any discrepancy or conflict between these Terms and Conditions and any other policies or rules presented in connection with the Agreement, Site or Services, including any Official Rules and our Privacy Policy, these Terms and Conditions shall expressly control.

The failure of Empire City Casino to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term or limit Empire City Casino’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

You agree that the “Limitation of Liability; Disclaimer”, “Binding Arbitration & Class Action Waiver Agreement” and other provisions of this Agreement are for the benefit of Empire City Casino and the Released Parties, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

If you have any comments, questions or complaints regarding this Agreement or the Services, or wish to report any violation of this Agreement, please contact us at [email protected].

WE HEREBY INFORM YOU THAT WE RESERVE THE RIGHT TO RECORD ALL ELECTRONIC TRANSACTIONS WITH OUR TEAM AND USERS OF THE WEBSITE.

The Site and the Games are designed for good fun, entertainment purposes only. Enjoy playing but please Play Responsibly, set/adhere to spending limits and take breaks!

In order to do so, please:

-         Exercise control over you playtime and spending on the Site.

-         Do other leisurely activities and continue to fulfill your daily duties.

-         Take notice of behavioral patterns that may be characterized as a Video Game Behavior Disorder (for example: lack of control over playtime or spending, prioritizing gaming over other daily activities, an interest in playing that borders obsession, abnormal increase of playtime hours and/or spending or unhealthily behaving (including, considering harming yourself or others) in a way that impairs your personal, family, social, educational, occupational, or other important areas of your functioning and well-being.

If you believe that you (or someone else) may be suffering from a Video Game Behavior Disorder, please Get Help! and seek immediate attention from a qualified medical professional.

While the Site and Services do not offer real money gambling, in the event you need assistance, please note the following: Gambling Problem? Call 1-800-522-4700 (FREE)

Please review the following materials that are provided for educational purposes:

https://www.npr.org/2019/05/28/727585904/is-gaming-disorder-an-illness-the-who-says-yes-adding-it-to-its-list-of-diseases

If you have any questions, or need a break from playing, we encourage you to contact Customer Support [email protected]. We're here to help!

You can request us to delete or suspend your account on our Games and Site. We will take reasonable efforts to comply with your request.  However, please be aware that deleting or suspending your account is not “foolproof” and we can make no guarantee that it is.

Please contact Customer Support [email protected] to assist you. We're here to help!

Our Customer Support team will process your request within a reasonable time period. As part of this process you will be asked to verify your identity. Once the account has been deleted or suspended, we will continue to take reasonable steps to try and delete any new accounts you may attempt to create in the future, if and when we are able to associate those new accounts with you.

To start the reopening process, please contact the Customer Support team who will let you know (via e-mail confirmation) once your account has been reopened. In no case will your account be automatically reinstated.

Deleting your account cannot be modified or reversed in any manner. If you suspend your account, there is the possibility to reactivate your account. If you choose to reactivate your account, your balance of Virtual Credits, and level in any Game will be reinstated to the account to mirror it immediately preceding the time of suspension (except for Virtual Credits that may have naturally expired during the suspension period). No activity is permitted in your account after it has been deleted or suspended.

Empire City Casino will use reasonable efforts not to inadvertently send any marketing material via any means to you. However, we cannot guarantee that you will not receive such material in error. If so, please notify [email protected], immediately.

Empire City Casino may retain certain data following deletion or suspension of your account in accordance with our Privacy Policy

Alternatively, if you prefer to set temporary limits on your gameplay and/or the money you spend, we may be able to accommodate (but we cannot guarantee it). 

Additionally, you may use third-party blocking software to block access to certain apps, websites, or other internet services and also to set access permissions. In this regard, please note such blocking software may be free or provided for a fee. You can run an online search and the Apple App store or Google Play to find available products. Empire City Casino cannot recommend or endorse a particular third-party block software.

For other useful information, please click on the following links:

·         For instructions on preventing in-app purchases, turning off game notifications, and tracking time spent on your Apple device https://support.apple.com/en-us/HT204396; https://support.apple.com/en-gb/HT201925; https://support.apple.com/en-us/HT208982

·         For instructions on requiring a password or authentication before an in-app purchase is made, turning off game notifications, and tracking time spent on your Android device https://support.google.com/googleplay/answer/1626831?hl=en; https://support.google.com/chrome/answer/3220216?hl=en; https://support.google.com/android/answer/9346420?hl=en

·         For instructions on turning off in-app purchases on your Amazon device  https://www.amazon.com/gp/help/customer/display.html?nodeId=GM5UP39EFNETVXSE

·         For instructions on blocking or removing or turning off notifications on an app or game on Facebook  https://www.facebook.com/help/1727608884153160; https://www.facebook.com/help/942196655898243/?helpref=hc_fnav; https://www.facebook.com/help/476337625740088?sr=2&query=game%20notification&sid=2EatnwYez7VOdzl01

·         For instructions on setting a wallet PIN on your Windows phone https://www.windowscentral.com/how-to-set-wallet-pin-purchases-windows-phone-store

·         National Institute of Mental Health, for mental health resources https://www.nimh.nih.gov/health/find-help#part_150430

·         International Association for Suicide Prevention for immediate help when you, a friend or a loved one are having thoughts of self-harm https://www.iasp.info/resources/Crisis_Centres/

Please always keep your health and happiness (and that of your loved ones) in mind!