WEBSITE TERMS AND CONDITIONS OF USE
Last Revised 9/7/2020
This Terms and Conditions of Use Agreement (“Agreement”) is between J&J Ventures Gaming, LLC (“J&J Ventures”, “Company,” “we,” “our”) and you (“”“You” or “Your”) and is a legal agreement between You and J&J Ventures. This Agreement is effective as of the date You access the J&J Ventures Platforms or Services as each is defined and discussed in this Agreement.
This Agreement states the terms and conditions, as applicable, to the following technologies (collectively, “Platforms”) we provide, specifically
o Website. Our website at: www.jjventures.com, as well as any websites and blogs directly owned by the Company (the “Website”)
o Kiosks. When You participate in our loyalty program on a kiosk or tablet (a “Kiosk”) at a J&J Ventures licensed establishment (“Establishments”)
o Mobile Applications. When You download and use our J&J Ventures mobile applications on your personal devices (“Mobile Application”).
This Agreement also applies, when applicable, to various services we provide You when You enter into Company sweepstakes, participate in Company surveys or participate in our loyalty program or any other “Service” as defined in any other Company agreement, rule or regulation (collectively, “Services”).
Please read this Agreement carefully before accessing and using the Platforms or Services.
• By using and accessing the Platforms, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, You may not access or use the Platforms.
• By using the Services, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement and any other terms, rules or regulations applying to the Services (“Service Rules”). If, at any time, the terms and conditions of any Service Rules conflict with the terms of this Agreement, the Service Rules shall take precedence and govern.
- Access. J&J Ventures hereby grants You a non-exclusive and non-transferable license to access the Platforms owned or operated by J&J Ventures and made publicly available by J&J Ventures. The Platforms are provided solely for informational purposes and the purposes of enabling communication between You and J&J Ventures. The information is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services. The Platforms are solely for browsing, viewing and accessing information for personal and non-commercial use, subject to the terms and conditions of this Agreement.
You agree to use the Platforms and Services only for lawful purposes, comply with all rules governing any transactions on and through the Platforms and Services and comply with all applicable laws.
- Prohibited Uses.
A. You shall not copy or download any content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features (“Content”) or any third-party Content from the Platforms or Services without the prior written consent of J&J Ventures. You shall not modify, reverse engineer, reproduce, copy, display, publicly perform or distribute, including (without limitation) by framing or similar means, the Platforms, Content or third-party Content or use the Platform, Services, Content or third-party Content for public or commercial purposes. You shall not use the Platforms, Services, Content or third-party Content on any other website or application without J&J Ventures’ written authorization to do so.
B. You agree not to use or launch any automated system or technology, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Platforms in a manner that sends bulk requests to the Website or any associated Platform servers. Notwithstanding the foregoing, J&J Ventures grants the operators of public search engines permission to use spiders to copy Content from the Website for the sole purpose of creating publicly available searchable indices of the Website, provided such spiders do not cache or archive versions of the Website. J&J Ventures reserves the right to revoke these exceptions either generally, or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Platforms or Services, nor to use the communication systems provided by the Platforms or Services for any commercial solicitation purposes. You agree not to solicit, for any purpose, any users of the Platforms or Services.
C. You agree You will not:
(i) use any device, software, or routine that interferes with the proper working of the Platforms;(ii) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Platform, Services or users of the Platform or Services;
(iii) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platforms, the server on which the Platforms are stored, or any server, computer, or database connected to the Platforms;
(iv) attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack;
(v) impersonate or attempt to impersonate J&J Ventures, a J&J Ventures employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
(vi) obtain or attempt to obtain any materials or information through the Platforms or Services by any means not intentionally made available or provided by J&J Ventures; or
(vii) otherwise attempt to interfere with the Services or proper working of the Platforms.
- Platforms and Intellectual Property Ownership. Title to the Platforms and Content (excluding third-party Content) including ownership rights to patents, copyrights, trademarks and trade secrets in connection with the Platforms, Services and Content shall be the exclusive property of J&J Ventures.
- Intellectual Property Notices.
A. J&J Ventures does not permit infringement of intellectual property rights on the Platforms or Services. After proper diligence, J&J Ventures will remove all Content or third-party Content if properly notified that such Content or third-party Content infringes on another’s intellectual property rights. J&J Ventures reserves the right, in its sole discretion, to decide whether Content or third-party Content is appropriate for the Platforms or Services.
B. If You believe that any Content infringes Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit J&J Ventures to locate the material;
(iv) Information reasonably sufficient to permit J&J Ventures to contact You, such as an address, telephone number, and email address;
(v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
J&J Ventures’ designated Copyright Agent to receive notifications of claimed infringement is:
Taft Stettinius & Hollister LLP
One Indiana Square, Suite 3500
Indianapolis, Indiana 46204
Telephone: (317) 713-3594
Fax: (317) 713-3699
You acknowledge and agree that if You fail to comply with all of the requirements of this Section 4(B), Your DMCA notice may not be valid.
- Trademarks. J&J Ventures shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of J&J Ventures (the “J&J Ventures Marks”). Excepting the J&J Ventures Marks, all other product and company names mentioned on the Platforms or Services may be the trademarks of their respective owners. These companies may or may not be affiliated with, connected to, or sponsored by J&J Ventures.
- Apple Store Terms. This Section 6 only applies to Your use of any Mobile Applications downloaded from the Apple Store.
a. With respect to the Mobile Application when accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), You will use the App Store Sourced Application only: (A) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software) that You own or control; and (B) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. J&J Ventures reserves all rights in and to the Platforms and Services not expressly granted to You under these Terms.
b. Acknowledgement. You acknowledge and agree that (A) these Terms are valid between You and J&J Ventures only, (B) Apple is not a party to these Terms other than as a third-party beneficiary as contemplated below, and (C) J&J Ventures, not Apple, is solely responsible for the App Store Sourced Application content.
c. Scope of License. The license granted to You for the App Store Sources Application is limited to a non-transferable license to use the App Store Sources Application on any Apple device that You own or control and only as permitted by the Usage Rules.
d. Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to You with respect to the App Store Sourced Application. J&J Ventures is solely responsible for providing any maintenance and support services with respect to the App Store Sourced Application, as specified herein or as required under applicable law.
e. Warranty. J&J Ventures is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price, if applicable, of the App Store Sourced Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be J&J Ventures’ sole responsibility.
f. Product Claims. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, You and J&J Ventures acknowledge that J&J Ventures, not Apple, is responsible for addressing any of Your claims or any third-party claims relating to the App Store Sourced Application or Your possession and/or use thereof, including, but not limited, to: (A) product liability claims; (B) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation.
g. Intellectual Property Rights. You and J&J Ventures acknowledge and agree that if the App Store Sourced Application, or Your possession and use of the App Store Sourced Application, infringes on a third party’s intellectual property rights, You will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. J&J Ventures is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
h. Legal Compliance. You represent and warrant that (A) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) You are not listed on any U.S. Government list of prohibited or restricted parties.
i. Developer Name and Address. J&J Ventures name and agent’s address is as follows: Director of Application Development, 1400 S. Raney St., Effingham, IL 62401 and J&J Ventures’ contact information to which Your questions, complaints, or claims with respect to the App Store Sourced Application should be directed as follows: Telephone: (855) 921-1030, Email: firstname.lastname@example.org.
j. Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this subsection of the Terms regarding App Store Sourced Applications, and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this subsection of the Terms regarding App Store Sourced Applications against You as a third-party beneficiary thereof.
- No Contest. You acknowledge that the Platforms, Services, Content and third -arty Content are protected under laws, including (without limitation) United States of America and international laws and treaties. Except as otherwise provided for in this Agreement, You shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of J&J Ventures in connection with the Platforms, Services and Content.
Not all mobile devices or handsets may be supported by Services we provide to You. J&J Ventures and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of Your request. You hereby agree to be responsible for all costs, charges and fees You incur from Your service or device provider as a result of choosing to receive such messages from J&J Ventures.
- Warranties. You acknowledge and agree that J&J Ventures (including officers, employees, agents, directors and independent contractors of J&J Ventures) has not made or granted to You any express warranties concerning the Platforms or Services. Use and performance of any products and services referenced on the Platforms or Services are subject to the applicable J&J Ventures terms and conditions concerning such products and services as made available by J&J Ventures. You acknowledge that the Platforms or Services do not constitute a grant of an express or implied warranty concerning any products and services and You waive all claims of warranty based on the Platforms or Services.
- Warranty Limitation. The Platforms or Services are provided “as is” without warranty of any kind. J&J Ventures, to the fullest extent permitted by law, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY and warranty of non-infringement of third-party rights. J&J Ventures does not warrant and You waive any warranty that use of or access to the Platforms or Services by You will be uninterrupted or error free. J&J Ventures does not make any warranty and You waive any and all warranties as to the results obtained from use of the Platforms or as to the accuracy, completeness, timeliness or reliability of the Platforms or Services. You acknowledge and agree that use of the Internet and the Platforms or Services shall be at Your sole and exclusive risk and subject to the restrictions, terms and conditions, rules, regulations, policies AND applicable laws governing the Internet and the Platforms or Services.
- Inaccuracies. You acknowledge that the Platforms or Services may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the Platforms or Services.
- Limitation of Liability. J&J Ventures shall not be liable for any lost profits or consequential, exemplary, incidental or punitive damages hereunder (including, without limitation, in connection with (i) use, performance or operation of the Platforms; (ii) use, performance or operation of the Internet or use of the Internet by You; and (iii) loss of data), regardless of the form of action, whether in contract or in tort, including negligence, regardless of whether J&J Ventures has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable. By accessing the Platforms or Services subject to this Agreement, You understand that You are waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, You acknowledge that You have read and understood, and hereby expressly waive, the benefits of section 1542 of the civil code of California and any similar law of any state, country or territory, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- Limitation of Damages. The liability of J&J Ventures for any reason and for any cause of action whatsoever in connection with this Agreement and the Platforms, regardless of the form of action, whether in contract or in tort, including negligence, shall not exceed one hundred U.S. Dollars ($100).
- Indemnification. You agree to release, defend, indemnify and hold harmless J&J Ventures (including its officers, directors, employees, affiliates, contractors and agents) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use of the Platforms or Services or the Internet by You (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the Platforms or Services, (iii) Your negligence or acts (or any failure to act); or (iv) any breach by You of Your obligations under this Agreement.
- Export Assurance. You agree not to perform any act in conflict with or in violation of the export laws and regulations of the United States of America.
- Limitation on Time to File Claims. Any cause of action or claim You may have arising out of or relating to this Agreement, the Services or the Platforms must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
- United States Only. J&J Ventures is based in the state of Illinois in the United States. J&J Ventures provides these Platforms and Services for use only by persons located in the United States. We make no claims that the Platforms, Services or any of their respective contents are accessible or appropriate outside of the United States. Access to the Platforms or Services may not be legal by certain persons or in certain countries.
- Severability. If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
- Governing Law. J&J Ventures is located in and operates the Platforms and Services from Effingham, Illinois. J&J Ventures provides the Platforms and Services for use only by persons located in the United States, and makes no claims that the Platforms, Services or any of the Content is accessible or appropriate outside of the United States. This Agreement and all matters relating to the Agreement, including any dispute or claim arising from the Agreement, shall be governed by the laws of the State of Illinois, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction. Any legal suit, action, or proceeding arising out of, or related to, this Agreement, the Services or the Platforms shall be instituted exclusively in the federal or state courts located in Cook County, Illinois. You waive all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
- Notices to You. Notices to You shall be deemed delivered when delivered to You electronically via email, by commercial overnight delivery service, by Certified or Registered Mail – Return Receipt Requested – or by hand. Notices delivered to You electronically (including, without limitation, email) shall be deemed written notices.
- Notices to J&J Ventures. All notices shall be in writing. Notices to J&J Ventures shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail – Return Receipt Requested – or by hand to the following address:
J&J Ventures Gaming, LLC
1400 S. Raney Street
PO Box 1709
Effingham, Illinois 62401
- Equitable Remedies. You acknowledge and agree that damages at law will be an inadequate remedy to J&J Ventures. In addition to other rights which may be available, J&J Ventures shall have the right of specific performance, injunction or other equitable remedy in the event of a breach or threatened breach of this Agreement by You.
- Waiver. Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
- No Partnership and Assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between You and J&J Ventures as a result of this Agreement or use of the Platforms or Services. You may not assign this Agreement without the prior written consent of J&J Ventures in all instances. J&J Ventures may assign this Agreement, in whole or in part, at any time.
- Arbitration. At its sole discretion, J&J Ventures may require You to submit any disputes arising from use of the Platforms or Services, or breach of this Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law. By using the Platforms or Services, You hereby consent to submission of any dispute to be a final and binding arbitration.
- Litigation Expense. In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.
- Termination. This Agreement may be terminated by J&J Ventures at any time without notice or cause. All restrictions imposed upon You with respect to the Platforms, Services and the Content and all disclaimers and limitations of liabilities set forth in this Agreement shall survive such termination.