TERMS OF SERVICE

LAST UPDATED: October 1, 2017

INTRODUCTION

This Terms of Service Agreement (“Agreement”) is an agreement between you (“you” or “user”) and Gamerail Entertainment (d/b/a GRE) and its operating partner, Rush Street Interactive LP and their affiliated entities (collectively “Company”, “we”, or “us”). This Agreement governs your access to and use of the LottoRush Casino4Fun™ play-for-fun online casino, whether accessed via computer, mobile device or application, or any other technology (the “Services”). By using the Services, you agree to be bound by the terms and conditions contained in this Agreement.If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use the Services.

We may, in our sole discretion, modify this Agreement with or without notice to you. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Services after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

REGISTRATION; ELIGIBILITY

You are required to create an account on the Services in order to take advantage of certain features of the Services. In order to confirm the accuracy of all account registration details you provide to us, we reserve the right to carry out verification checks on our own or through third-party service providers. When these checks are unable to verify that you are twenty one (21) years of age or over, or are unable to verify any other detail provided by you, we reserve the right to ask for additional proof. If we remain unable to confirm any detail provided by you within seventy two (72) hours (or such other period as we may from time to time specify) of your account being opened, then we will suspend your account until we receive satisfactory proof, as determined in our sole discretion.

You will create a password for your account on the Services. Your username will be your email address. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and account. You agree to (i) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. You agree to be responsible for all actions resulting from the use of your account on the Services, including actions resulting from unauthorized use of your account prior to you taking steps to prevent such occurrence by changing your password and notifying the Company.

Participation in the Services is open only to residents of those jurisdictions where participation is not prohibited by law, including by way of age. The Services are open to you only if you are the legal age of majority in the jurisdiction in which you reside. You cannot participate in the Services under any circumstances if you are not at least twenty-one (21) years of age. The Company makes no representation that the Services are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of the Services residing outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not the Company, are responsible for compliance with applicable local laws.

DORMANT ACCOUNTS; ABANDONED ACCOUNTS

Your account will be deemed a “Dormant Account” in the event you fail to use your account for a single continuous period of three hundred sixty five (365) days or more. Use of your account may consist of:
(a) playing one or more of the games on the Services for Virtual Goods (as defined below); or
(b) purchasing Virtual Goods.

After your account has been deemed a Dormant Account and has subsequently been dormant for an additional calendar month, your account shall be deemed an “Abandoned Account” and closed at a time solely determined by Company.

In the event that you return to the Services in order to carry out any one of the previously stated activities and your account has been previously deemed either a Dormant Account or an Abandoned Account, please contact our customer service team via email at [email protected] for a review of your account.

TERMINATION; DISCONTINUATION OF SERVICES

This Agreement is effective unless and until terminated by either you or the Company. You may terminate this Agreement and your Services account at any time, provided that you discontinue any further use of the Services. The Company also may terminate or suspend this Agreement and your account at any time and for any reason, without notice, and accordingly deny you access to the Services, including without limitation, if the Company determines in its sole discretion that you fail to comply with any term of this Agreement or that your use of the Services is harmful to the interests of another user or the Company. Upon any termination of the Agreement, all achievements and Virtual Goods that a user has acquired may, in Company’s sole discretion, be terminated and forfeited. You have no property rights in any achievements or Virtual Goods. Termination of this Agreement and your Services account for any reason will have no effect on any Promotion (as defined below) prizes You have won (other than Virtual Good prizes, which will terminate with your Services account).

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.

All provisions of this Agreement that, by their nature, are intended to survive termination of this Agreement shall survive.

VIRTUAL GOODS; RESPONSIBLE GAMING

When you perform certain activities through the Services (e.g., creating an account; logging in to the Services on a periodic basis; etc.), we may grant you Virtual Goods for use in playing games on the Services. The Services also allow you to purchase Virtual Goods with real money for use in playing games on the Services. Virtual Goods include in-game currency, and may include trophies and other virtual items (collectively “Virtual Goods”). A Virtual Good is a set of rights to digital items, as licensed by Company. Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from Company or any other party. You understand that you have no right or title in Virtual Goods other than the extent of your limited license.

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

Company retains the right to modify, manage, control and/or eliminate your limited license with respect to Virtual Goods at its sole discretion. Prices and availability of limited licenses for Virtual Goods are subject to change without notice.
As a result of a Virtual Goods purchase, we may credit bonus awards to your LottoRush account. We will not credit such bonus awards as a consequence of your activity when playing Virtual Good games through the Services or as a result of any outcomes associated with playing such games.

We want you to enjoy the Services in a responsible fashion and request that you follow these simple guidelines:
(a) Please try to establish limits for the Virtual Good payments you are willing to make over any period of time before you start playing.
(b) Use of the Services is not recommended if you are recovering from a dependency or are under the influence of alcohol or other substances.
(c) Use of the Services is not recommended if it might interfere with your daily responsibilities.

COMMUNICATIONS OPT-IN

You expressly agree that as part of the Services you will 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 link contained in such emails or by emailing your request to opt out. You may stop receiving push notifications 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 transactional emails.

Company is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services.

PRIVACY

Use of the Services is subject to the terms of our Privacy Policy, which are hereby incorporated into and made part of this Agreement. By using the Services, you acknowledge that you have read and agree to be bound by the terms of our 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.

INTELLECTUAL PROPERTY

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 the Company 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 owners. Except as expressly authorized by this Agreement or on the Services, you may not use, copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works of, reverse engineer, decompile, disassemble, decode, or otherwise attempt to access the source code of, any of the Materials in any form or by any means, without the prior written authorization of the Company. The Company authorizes you to use the Materials only for personal, non-commercial use; provided that you keep intact all copyright and other proprietary notices contained in the original Materials. The trademarks, service marks, trade names, trade dress and logos contained or described on the Services are the sole property of the Company and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company and/or its licensors.

USER CONTENT

Where applicable through the Services (e.g., on a message board, through refer-a-friend/share win features, via chat functionality, via email or other correspondence to us, by creation of a “nickname” or username, etc.), you may be able to post your own content or information (“User Content”). You understand that all User Content, whether you have publicly posted on a forum, posted as part of your public profile or elsewhere, or transmitted to us, is your sole responsibility. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it or submit it for posting to public-facing portions of the Services. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Services.

By posting any User Content through the Services, you hereby grant the Company a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. You represent and warrant that you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth herein, and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Services.

You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of the Company, its users, or the public.
You additionally authorize us to promote the activities you engaged in through the Services through various marketing activities, including without limitation:
(a) news articles posted online and visible to other users of the Services;
(b) leader boards published on the Services;
(c) email or text communications to other users of the Services;
(d) press releases; and
(e) other advertising across all media.

At all times we will use commercially reasonable efforts to ensure that your identity (other than your account username) is kept confidential in such activities, unless we otherwise receive your permission.

CODE OF CONDUCT

You agree that you will not use the Services to:
(a) upload, post, email, text, or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to a representative of the Company, 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, text 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 inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, text or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post, email, text, 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, text or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to 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 user;
(l) solicit, collect, or store personal information or data about other Service users, or disclose another user’s personal information or data to any third party;
(m) “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services;
(n) access the Services by any means except through the interface provided by the Company for access to the Services;
(o) create or maintain any link from another website or application to any page or functionality on the Services;
(p) run or display the Services or any information or material displayed on the Services in frames or through similar means on another website or application; and/or
(q) cheat, collude, or engage in other fraudulent, illegal, or restricted activity in your play of Virtual Good games through the Services or in your use of any bonus awards or Promotion prizes.

The Company assumes no responsibility for monitoring the Services for inappropriate submissions or conduct, but reserves the right to do so. If at any time the Company chooses, in its sole discretion, to monitor the Services, the Company nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the users submitting any such User Content. Notwithstanding the foregoing, the Company and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including but not limited to, User Content that violates this Agreement or is otherwise objectionable, as determined in the Company’s sole discretion. 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 http://www.staysafeonline.org.

If you suspect any player is cheating, colluding, or engaging in any other fraudulent activity in playing Virtual Good games through the Services, it should be reported to us immediately by email to [email protected] identifying the player or players’ usernames or aliases involved and including a brief description of their suspect activities.

PROMOTIONS

As a result of a Virtual Goods purchase, we may credit bonus awards to your LottoRush account. We will not credit such bonus awards as a consequence of your activity when playing Virtual Good games through the Services or as a result of any outcomes associated with playing such games.

Any sweepstakes, contests, raffles, surveys, prize games, or similar promotions (each a “Promotion”) made available through the Services may be governed by specific rules that are separate from and in addition to this Agreement, and all such additional rules are hereby incorporated into this Agreement. Detailed rules for current Promotions, including current Daily Free Prize Games (as defined below), are available here. By participating in any Promotion, you will become subject to those rules in addition to this Agreement. The Company urges you to read the applicable rules, which may be linked from the particular Promotion, and to review our Privacy Policy, which in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the rules of a Promotion conflict with this Agreement the rules of the Promotion will prevail. You may not participate in any Promotion awarding a prize other than Virtual Goods if you or a member of your household, are or have ever been, an employee of Company. For the purposes of this clause an “employee” includes third-party contractors of Company such as licensors, software suppliers, developers, or partners, and all people in any way affiliated with them. At any time and without notice, we reserve the right to terminate, or change the terms of, any Promotion, and we shall not incur any liability for such a change or termination.

Daily Free Prize Games: We will make daily free prize game Promotions (each a “Daily Free Prize Game”) available through the Services. While each Daily Free Prize Game will have its own set of detailed terms, the following terms apply to all Daily Free Prize Games. In order to participate in the Daily Free Prize Games, You must have an active Services account. Each calendar day from 12:00 a.m. CST through the following calendar day at 11:59 p.m. CST, we will provide You the opportunity through the Services to play one Daily Free Prize Game.
Every play of a Daily Free Prize Game will result in the award of at least one prize. Certain prizes may have limited availability, and We reserve the right to substitute any prize, at any time and for any reason, for a different prize of equal or greater value.

Possible prizes for Daily Free Prize Games include:
(a) Virtual Goods (awarded immediately and credited to your Services account)
(b) Entries into other Company Promotions
(c) Specific prize/gift


INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company against all claims, demands, causes of action, losses, expenses, damages, and costs, including any reasonable attorneys’ fees, arising from or relating to (i) your use of the Services; (ii) any use of your account by you or any other person; (iii) any User Content you submit to or transmit through the Services; or (iv) your breach of this Agreement.

DISCLAIMER; LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND OTHER REPRESENTATIVES, AND THE COMPANY’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “THE COMPANY AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES (INCLUDING VIRTUAL GOODS), WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE COMPANY AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES; (III) FOR ANY DEFECTIVE PRODUCTS OR SERVICES; (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (VII) FOR ANY OTHER MATTER RELATING TO THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE PRODUCTS, THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM THE COMPANY ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW; JURISDICTION; VENUE; DISPUTE RESOLUTION

This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any all disputes, claims and causes of action relating to this Agreement, the Services, and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in Chicago, Illinois before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings. You agree to commence any arbitration proceeding with respect to this Agreement within one (1) year after the claim arises. You agree that a proceeding commenced after this date is barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of the Company, as defined herein, and each of these entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

MISCELLANEOUS

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

This Agreement, including the Privacy Policy and other Promotion rules incorporated herein, constitutes the entire and only Agreement between the Company 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.

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

If any provision of these Terms and Conditions shall be determined to be unlawful, void, or for any reason unenforceable, then the unlawful, void, and/or unenforceable provision(s) shall be deemed severable from the other provisions contained herein and shall not affect the validity and enforceability of any of the remaining provisions.

CONTACT INFORMATION

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