1. Acceptance of Terms
1.1. The Terms of Service (the "Terms") you are reading is a legal agreement between Aspect Group Limited and its affiliated Aspect companies ("Aspect") and yourself (also referred to as you, and your). By accessing or using any Aspect web service, application, or game (the "Service") you agree that you have read, understood, accepted and agreed to be bound by these Terms. If you do not agree with these Terms, do not use the Service.
1.2. Aspect reserves the right, in its sole discretion, to amend, revise, or modify these Terms at any time, and you agree to be bound by such amendments, revisions, or modifications. You and other users of the Service are responsible for viewing these Terms periodically. Your continued use of the Service following an amendment, revision, or modification of these Terms will constitute your acceptance of the amended, revised, or modified Terms. If you do not agree to the amended, revised, or modified Terms, your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service.
1.3. If you violate the Terms, Aspect reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that Aspect does not need to provide you notice before terminating or suspending your account(s), but it may provide such notice in its sole discretion.
1.4. You agree that Aspect may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
1.5. The Service is intended for use by those 21 or older for amusement purposes only. You declare that you are 13 years old or older. If you are between the ages of 13 and 18, you declare that your legal guardian has reviewed and agreed to these Terms.
2. Account information
2.1. In order to use the Service, you are required to have a valid account with the Service or with the social network service through which you connect to the Service. You are authorized to use the Service only if (a) you have verified and determined that your use of the Service does not violate any laws or regulations of any jurisdiction that applies to you, and (b) you agree to abide by the terms of this Agreement, the terms provided by the social network and all applicable laws.
2.2. During the process of creating an account to access the Service ("Account"), you may be required to select a password or to allow us to access your account information from a social network service ("Login Information").For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service. You agree to the following rules governing the security of your Account and Login Information:
2.2.1. You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. Aspect will not initiate contact with you asking for your password or for answers to your password security questions;
2.2.2. In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized Access to your Account, you must immediately notify Aspect and modify your Login Information;
2.2.3. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
2.2.4. You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates the Terms or is otherwise improper or illegal; and
2.2.5. You undertake to monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, PayPal, Google Checkout, Amazon Payments, etc.) by minors.
2.3. Aspect reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights. You understand that your user identification number, name and profile picture may be publicly available and that search engines may index such information.
2.4. Any personal information you provide to us when creating or updating your account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used in accordance with Aspect's Privacy Policy, located at the following webpage address http://cdn.grandorientcasino.com/legal/privacy.html. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.
3. License
3.1. Subject to your agreement and compliance with these Terms, Aspect grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service solely in accordance with these Terms (the "License"). Use of the Service shall be solely for your own, private, non-commercial and entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.
4. Termination of Access/Account
4.1. Aspect may refuse access to the Service or may terminate your account without notice for any reason, including, but not limited to, any of the following reasons: (i) a suspected violation of these Terms; (ii) illegal or improper use of your account; (iii) illegal or improper use of the Service, User Content (as defined below), products, or Aspect's intellectual property; (iv) Aspect discontinues operation of the Service; and (v)any other reason determined by Aspect in its sole discretion.
4.2. You may lose your user name, account information, virtual assets, virtual currency, and virtual persona, if any applicable, as a result of account termination, without responsibility on the part of Aspect for any damage that may result from the foregoing.
4.3. In addition to the foregoing, Aspect may selectively remove, revoke or cancel Benefits associated with your account. "Benefits" mean licensed rights granted, awarded, gifted, provided to, or purchased by you to use elements, features, or products of the Service, including, but not limited to, paid and free downloadable content, virtual currency, virtual assets, unlockable content, rights of use tied to unlock keys or codes, any serial codes and online authentication, and in-game achievements. If your account, or a particular subscription or access for the Service associated with your account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or canceled from your account, then the following shall apply: (1) the License is terminated; (2) no refund will be granted to you; (3) no Benefits will be credited to you or converted to cash or other forms of reimbursement; and (4) you will have no further access to the Service, your account, Benefits associated with your account, and/or use of the Service.
4.4. You acknowledge that Aspect is not required to provide you notice before suspending or terminating the License, your account, access to the Service, access to your Account, or selectively removing, revoking or canceling Benefits associated with your account. In the event that Aspect terminates your account or access, you may not participate in any portion of the Service again without Aspect's express permission. Aspect reserves the right to refuse to keep accounts for, and provide access to the Service or other services to, or to keep the records of, any individual. You may not allow individuals whose accounts or access have been terminated by us to use your account or access. If you believe that any action has been taken against your account or access in error, please contact us at: support@grandorientcasino.com.
5. User Content
5.1. You agree that any content published by you through the Service is done so through the use of technology and tools provided by Aspect. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that your publishing of the content, and the content itself, complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of Aspect. You grant Aspect the right to act as an agent on your behalf as the Service's operator.
5.2. Any data, text, graphics, photographs, or any other content, and their selection and arrangement, uploaded to the Service by any user, including you, ("User Content") are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by Aspect. Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload. Aspect shall not bear any responsibility for any of the abovementioned content.
5.3. Aspect may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Aspect will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
5.4. Aspect reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, Aspect shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
6. Communication Channels
6.1. The Service may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other users of the Service. Aspect is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Aspect may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users of the Service on the Communication Channels are neither endorsed nor controlled by Aspect, and these communications should not be considered reviewed or approved by Aspect. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Aspect be liable for any activity within the Communication Channels.
6.2. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. Aspect is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users of the Service.
7. Virtual Currencies and Assets
7.1. The Service may include an opportunity to purchase virtual credits("Credits") and other virtual assets that may require you to pay a fee using money to obtain the Credits. Credits and other virtual assets can never be redeemed for money, goods, or any other item of monetary value from Aspect or any other party. You understand that you have no right or title to any virtual in-game items, spins, Credits, or other virtual assets.
7.2. Your purchase from Aspect of any Credits and virtual assets is final, and is not refundable, transferable or exchangeable, except in Aspect's sole discretion. Unless expressly authorized by Aspect, you may not purchase, sell, or exchange Credits or virtual assets outside the Service. Doing so is a violation of the Terms and may result in termination of your Service account and/or legal action taken against you. Aspect retains the right to manage, control, modify and/or eliminate Credits, virtual assets, or any other form of virtual currency at its sole discretion. Prices and availability of Credits are subject to change without notice.
7.3. Credits may only be held by legal residents of countries where access to and use of the Service are permitted. Aspect Credits may only be purchased or acquired from us and through means we provide on the Service, on our applicable website, or as we otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Credits for any reason. When you purchase Credits from Aspect, they will reside in your account with the Service ("Game Account") until discharged through use of the Service. When purchasing from Aspect Credits or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Credits and/or other content are final. No refunds will be given, except in our sole and absolute discretion.
7.4. Other than charges to your Game Account, you agree to notify us about any Credits issues or discrepancies within 30 days after they first appear on your Game Account's statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your user account or Game Account if for any reason a charge authorized by you to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
7.5. You agree that other virtual assets or virtual currencies that you purchase from authorized third parties (e.g. Facebook) shall be governed by the terms and conditions as provided by any such authorized third parties. You agree that you will resolve any and all issues regarding any such virtual assets or virtual currencies directly with any such third parties. You also agree to indemnify and hold Aspect harmless with respect to any issues arising from any such third party virtual assets or virtual currencies.
8. Rules of Conduct and Usage
8.1. You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein.
8.2. You undertake that you shall not defraud, or attempt to defraud, Aspect or other users of the Service, and that you shall not act in bad faith in your use of the Service. If Aspect determines that you do act in bad faith in violation of these Terms, or if Aspect determines that your actions fall outside of reasonable community standards, Aspect may, at its sole discretion, terminate your account or access and prohibit you from using the Service.
8.3. You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not engage in any of the following:
8.3.1. Create an account with or access the Service if you are under the age of 13;
8.3.2. Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable;
8.3.3. Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
8.3.4. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
8.3.5. Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages, e.g., spam, to anyone;
8.3.6. Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other rights of any party (including rights of privacy or publicity);
8.3.7. Create false personas, multiple identities, set up an account on behalf of someone other than yourself;
8.3.8. Use bots or other automated software programs to use the Service;
8.3.9. Attempt to obtain passwords or other private information from other users, including personally identifiable information (whether in text, image, or video form), identification documents, and financial information;
8.3.10. Upload or transmit (or attempt to upload or to transmit), without Aspect's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
8.3.11. Improperly use features of the Service to make false reports to Aspect;
8.3.12. Develop, distribute, or publicly inform other members of auto software programs, macro software programs or other cheat utility software programs or applications;
8.3.13. Exploit, distribute, or publicly inform other members of any game error, miscue, or bug which gives an unintended advantage;
8.3.14. Deal with Credits in a manner that violates these Terms, including (i) transferring Credits to other individuals, parties, or entities, (ii) selling or re-selling Credits (or other virtual assets), or (iii) fraudulently obtaining or acquiring Credits, products, or services;
8.3.15. Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone in violation of these Terms or otherwise without Aspect's written permission;
8.3.16. Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without Aspect's written permission;
8.3.17. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
8.3.18. Violate any applicable laws and regulations, or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, patent infringement, defamation, invasion of privacy, identity theft, hacking, distribution of counterfeit software, or using cheats or hacks for the Service; Attempt to use the Service on or through any service that is not authorized by Aspect. Any such use is at your own risk and may subject you to additional or different terms. Aspect takes no responsibility for your use of the Service through any service that is not authorized by it;
8.3.19. Post or communicate any person's real-world personal information, other than your own, using the Service;
8.3.20. Attempt to interfere with, hack into, or decipher any transmissions to or from the servers for the Service;
8.3.21. Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid in the disruption or overburdening of the Service servers; and
8.3.22. Deal with third party virtual assets or virtual currencies in a manner that violates the respective terms and conditions of any such third party;
8.3.23. Take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
9. Intellectual Property (IP) Ownership
9.1. Aspect owns and retains all rights in the Service materials, including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, other files, and their selection and arrangement (collectively, the "Service Materials"). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
9.2. You shall not, nor shall you cause any other party to, modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, the Service and the Service Materials, in whole or in part, for any purpose other than for using the Service pursuant to these Terms, unless you have Aspect's explicit, prior written permission.
9.3. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from Aspect. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.
9.4. Aspect and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
10. Disclaimer of Warranty; Limitation of Liability; Indemnity
10.1. You agree that your use of the Service shall be at your sole risk. All software, goods, products, and services provided by the Service are provided as is, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, AND noninfringement. No person affiliated, or claiming affiliation, with the Service has authority to extend such warranties.
10.2. To the fullest extent permitted by law, Aspect, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Aspect makes no warranties or representations about the accuracy or completeness of the content of the Service and the content of any sites linked to the Service. Aspect does not assume liability or responsibility for any of the following:
10.2.1. Errors, mistakes, or inaccuracies of content;
10.2.2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
10.2.3. Any unauthorized access to or use of Aspect's secure servers and/or any and all personal information and/or financial information stored therein;
10.2.4. Any interruption or cessation of transmission to or from the Service;
10.2.5. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; and
10.2.6. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
10.3. In no event will Aspect, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Aspect has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. To the extent that the limitation of liability is not governed by these Terms, Aspect's aggregate liability to you shall not exceed five(5) United States dollars.
10.4. You specifically acknowledge that Aspect shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with you.
10.5. You agree to indemnify and hold Aspect, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, patent, property right, or privacy right; (iv) any claim that a user submission made by you has caused damage to a third party; (v) any User Content you post or share on or through the Service; and (vi) your violation of any applicable regulations and laws.
10.6. Aspect reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users of the Service, you release Aspect and hereby agree to indemnify Aspect from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
11. General
11.1. By using or visiting the Service, you agree that the Terms are governed by and construed in accordance with the laws of Hong Kong, without regard to principles of conflict of laws and regardless of your location. You agree that any and all disputes that cannot be resolved between us shall be resolved by arbitration and without resort to any form of class action. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause. The appointing authority shall be Hong Kong International Arbitration Centre. The place of arbitration shall be in Hong Kong at Hong Kong International Arbitration Centre (HKIAC). There shall be only one arbitrator. Judgment on an award rendered by HKIAC may be entered in any court in Hong Kong having jurisdiction thereof. You and Aspect shall equally split the cost of the arbitration. You shall bear your own attorney fees for the arbitration; and Aspect shall bear its own attorney fees for the arbitration.
11.2. To the extent not governed by the foregoing, any other matter involving litigation between us will be brought in a court of competent jurisdiction located in Hong Kong, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of Hong Kong.
11.3. YOU AND ASPECT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN THREE MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
11.4. If any portion of these Terms is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
11.5. You are subject to all the laws of the country in which you reside and/or from which you access the Service. You are solely responsible for obeying those laws of the country. You agree Aspect cannot be held liable if laws applicable to you restrict or prohibit your participation. Aspect makes no representations or warranties, implicit or explicit, as to your legal right to participate in any game offered on or by the Service. Nor shall any person affiliated, or claiming affiliation, with Aspect have authority to make any such representations or warranties. Aspect reserves the right to monitor the location from which you access the Service and to block access from any jurisdiction in which participation is illegal or restricted.
11.6. You represent and warrant that all information you supply to Aspect is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your participation and forfeiture of any Credits, virtual assets, currency, or points to which you are otherwise entitled.
11.7. These Terms, in connection with the other obligations and rules detailed in writing on the website located at http://cdn.grandorientcasino.com/legal/tc.html, constitute the entire agreement between you and Aspect pertaining to the subject matter hereof, and cannot be modified by you. Nothing in this subsection will prevent Aspect from modifying the Terms. These Terms between Aspect and you supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.