Terms & Conditions of Use
Revised: December 19, 2022
1. Conditions for Use of the Site
The Site is offered subject to your acceptance without modification of this Agreement. By accessing or using the Site, you agree to be bound by all of the terms and conditions of the Agreement as such terms and conditions may be modified by us from time to time in our sole discretion. Furthermore, by using this web site, you represent that (i) you have the capacity to be bound by these terms and conditions and (ii) if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, THEN YOU MAY NOT ACCESS OR USE THE SITE. Please check this Agreement periodically for changes. Your continued access or use of the Site following any changes to the Agreement constitutes your acceptance of those changes.
2. Age Restrictions
The Site is intended for persons who are 18 or older. If you are under 18, or not of legal age to form a binding agreement, you may not access or use the Site. If you are under 21, you may not access or use portions of the Site that are intended for persons who are 21 or older. For example, our Unity program and gaming content is intended for persons who are 21 or older.
3. Passwords and Security
Some areas of the Site may be restricted to registered users. When you register for access to restricted areas of the Site, you agree to submit accurate and complete information and to update such information as required from time to time. If we suspect that your information is untrue, inaccurate, out-of-date, or incomplete, we may suspend or terminate your access to the Site or request additional information from you. When registering for access to restricted areas of the Site, you may be asked to select a personal, non-transferable password. You may also be asked to provide information that we will use to confirm your identity in the event you submit a request for a lost or forgotten username or password. You are solely responsible for all activities that occur under your password-protected account and for ensuring the protection of your account information. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Password-protected accounts may not be shared or used by more than one individual. You agree that we may send to you in electronic form any notices or other communications regarding this Site.
4. Copyright and other Intellectual Property
All content and other materials available at the Site, including without limitation trademarks, service marks, trade names, images, audio, text, software and the "look and feel" of the Site, (collectively, "Site Content") are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use any Site Content without our express written permission. In this regard, users are prohibited from downloading, republication, retransmission, reproduction or other use of any image (and other similar content).
5. User Comments
We welcome your comments, but please note that by uploading, submitting or otherwise disclosing or distributing content of any kind including but not limited to, comments, feedback, reviews, photographs, original art, notes, messages, ideas, suggestions, or other communications (collectively Comments) at or otherwise through the Website, you:
grant to Hard Rock the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such Comments in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein without restriction and without compensating you in any way;
represent and warrant to Hard Rock that you own or otherwise control all rights to such Comments and that disclosure and use of such Comments by Hard Rock (including without limitation, publishing content at the Website) will not infringe or violate the rights of any third party; and acknowledge that the Comments may not be treated confidentially.
FOR THIS REASON, WE ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO HARD ROCK, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE, PHOTOGRAPHS, OR ORIGINAL ARTWORK.
While we welcome such Comments from third parties but please note that Hard Rock is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website as Comments are those of such third parties and not of Hard Rock, and Hard Rock does not endorse any such opinions, statements, or materials.
6. User Content
By sharing photos, videos, information, text, messages, files, music, sounds, messages or other content or materials (“User Content”) on third party platforms and websites such as Instagram, Twitter, Facebook, Olapic (our third party photo sharing software provider) with a hash tag designated by Hard Rock or directly uploading User Content to the Website (“Submissions”), you are agreeing to the following:
As between you and us, you own all User Content. You grant Hard Rock a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Website and for other Hard Rock marketing purposes, including but not limited to marketing campaigns via any medium including but not limited to social media and print campaigns, customer communications, store materials and signage, social media, and any other form of marketing currently known and used or not yet known or developed. Hard Rock may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Hard Rock or the Website. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that: You own all rights to your User Content or, alternatively, that you have the right to give Hard Rock the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Hard Rock may refuse to accept or transmit User Content for any reason, as well as remove User Content from the Website for any reason. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Hard Rock to be used, it may be displayed for other users to see, together with your name and associated third party website profile information (such as your handle and profile picture). Hard Rock is under no obligation to display, feature or use any Submission, but may do so at its sole discretion. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
7. Prohibited Conduct
You agree not to (a) upload, transmit, post, email, or otherwise make available to the Site any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, or libelous; (ii) infringes any third party's intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the Site or any computer software or hardware or equipment associated with the Site; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of the Site or Site Content; (c) impersonate any person or entity, including, but not limited to, our employees or officers, or falsely state or otherwise misrepresent your affiliation with any person or entity; (d) attempt, through any means, to gain unauthorized access to the Site or another person’s account or information on or through the Site; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the Site or any Site Content without our prior express written permission; (f) take any action that imposes an unreasonable or disproportionately large load on the Site; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; or (h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Agreement.
8. Promotional Information
We may from time to time make information available at the Site regarding certain programs, offers, or promotions ("Promotions"). All Promotions are subject to the specific terms, conditions, and restrictions disclosed in connection with such Promotions and are subject to being withdrawn or changed without prior notice. We are not responsible for any typographical or other errors or omissions regarding prices, availability, or other information in connection with Promotions.
9. Right to Cancel/Errors/Omissions/Inaccuracies
The Site may contain technical inaccuracies, typographical (or other) errors, or omissions in connection with information displayed on the Site including, without limitation, rates, fees, or availability applicable to your transaction. We are not responsible for any such inaccuracies, errors, or omissions. We shall have the right not to honor reservations or information affected by such inaccuracies, errors, or omissions. We reserve the right to make changes, corrections, cancellations and/or improvements to reservations or information affected by such errors on the Site (and to the products and programs described in such information), at any time without notice, including after confirmation of a reservation.
10. Links to Other Websites
The Site may contain links to other websites that are not owned or operated by us. We do not have any control over third party websites and are not responsible for any information, functionality, or content accessed through such websites. By linking to third party websites, we do not represent or imply that we endorse such websites. You are responsible for taking the necessary precautions to protect yourself and your computer from viruses, worms, and other harmful or destructive content that may be accessible through such websites. We disclaim any responsibility for any harm resulting from your use of third party websites.
YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA (INCLUDING LOSS OF DATA) THAT RESULTS FROM YOUR ACCESS OR USE OF THE SITE. WE DO NOT WARRANT THAT THE SITE IS FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA.
WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT OR THROUGH THE SITE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU ACCESS OR USE THE SITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.
12. Limitation of Liability
NEITHER WE NOR OUR SUBSIDIARIES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE SITE OR THE USE, ATTEMPTED USE OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOSS OF DATA, OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU TO ACCESS THE SITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. Therefore, the exclusions set forth above may not apply to you.
You agree to indemnify, hold harmless, and release us, our subsidiaries, and our respective officers, directors, shareholders, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs and expenses, including, but not limited to, reasonable attorney's fees, arising from or related to your access, use, attempted use, inability to use or misuse of the Site or noncompliance with this Agreement.
14. Export Controls and Designated Persons
The Site is operated from the United States and it is possible that software available at or through the Site may be subject to United States export controls administered by the United States Commerce Department or sanctions programs administered by the United States Treasury Department. No software available at or through the Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country subject to a United States or United Nation embargo or sanction; (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals and Blocked Persons ("SDN List"); (c) to anyone on the United States Commerce Department’s Denied Persons List or Entity List; or (d) to anyone subject to the same or similar restrictions as the foregoing. By downloading or using any software available at or through the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above lists or subject to such restrictions.
Travel agents and anyone else using the Site for making reservations or travel arrangements are prohibited from making travel arrangements for “designated persons” that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers or other persons or entities whose names are published on the SDN List. You agree to use all reasonable efforts not to arrange for any such designated persons to stay at, use, or tour any of our resorts, casinos, facilities, products, or services.
Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by individual arbitration in Clark County, Nevada before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Any appeal shall be heard and decided by a panel of three neutral arbitrators. All arbitrators shall be retired judges or justices of any Nevada state or federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governed by the JAMS Comprehensive Arbitration Rules and Procedures), apply the laws of the State of Nevada without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than the State of Nevada. The award of the arbitrator(s) shall be binding and final on all parties. The arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. Judgment on the award rendered may be entered in any court having jurisdiction. The arbitrators may not award any punitive, incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits.
Any dispute resolution proceeding arising out of or relating to this Agreement, including arbitration, will be conducted only on an individual basis and not in a class or representative action on behalf of others. There is no right for any dispute here under to be brought or heard as a class arbitration, class action, or private attorney general action or for the consolidation of arbitrations. Notwithstanding any other provision in this Agreement, and without waiving any party’s right to appeal, if this waiver of class action is held invalid or unenforceable, then the entire Arbitration clause in Section 15 (with the exception of this sentence) shall not apply.
COPYRIGHT POLICY/DMCA NOTICE
(A) Hard Rock International (USA), Inc. and its affiliates (collectively “Hard Rock” or “we”) respects the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may remove or disable access to material on our Website that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
The Mirage Casino Hotel Las Vegas, 3400 Las Vegas Blvd. South, Las Vegas, NV 89109
Attn: General Counsel
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(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 us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(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.
(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. We will investigate notices of copyright infringement and take appropriate actions under the DMCA.
If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Agreement, which shall remain in full force and effect. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. You may be required to agree to additional terms and conditions to access particular sections or functions of the Site. We reserve the right, in our sole discretion and without consent or notice, to transfer, assign, sublicense or pledge the Site or this Agreement, in whole or in part, to any person or entity. You may not assign, sublicense or otherwise transfer in any manner any of your rights or obligations under the Agreement. The section headings used in the Agreement are for convenience only. We may at any time and for any reason in our sole discretion, modify or discontinue the Site or terminate or restrict your access to the Site.