Website Terms & Conditions of Use

Privacy Policy

Rocksino by Hard Rock Deadwood is firmly committed to protecting the privacy of its users. Rocksino by Hard Rock Deadwood use of data collected via the Services is governed by its Privacy Policy. You acknowledge and agree that Rocksino by Hard Rock Deadwood’s Privacy Policy is incorporated into the Terms of Use.

Accounts

A web account is required to access certain portions of the Services and may be accessed and used only by those authorized individuals who are registered with Rocksino by Hard Rock Deadwood. In registering for the Services, you agree to submit accurate, current, and complete information about you and promptly update such information, if applicable. Should Rocksino by Hard Rock Deadwood suspect that such information is untrue, inaccurate, not current, or incomplete, Rocksino by Hard Rock Deadwood has the right in its sole discretion to suspend or terminate your access to and use of some or all of the Services and/or seek updated information from you. If you created a web account on any Services, you may cancel your account at any time by notifying Rocksino by Hard Rock Deadwood and following the necessary cancellation procedures. There is no minimum commitment to open or maintain an account.

You are solely responsible for any and all activities that occur under your account and for ensuring that you exit or log-off from your account at the end of each session of use. If you are conducting this session on a public computer or are otherwise using a computer or mobile device to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the applicable Service and the computer or operating system you are using to prevent unauthorized access to your account with Rocksino by Hard Rock Deadwood. You agree to notify Rocksino by Hard Rock Deadwood immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Web accounts and associated credentials cannot be shared or used by more than one individual.

Product and Promotional Pricing and Availability

Rocksino by Hard Rock Deadwood will not be responsible for typographical or other errors or omissions regarding prices, promotional offerings or other information. All product sales and promotions are subject to these Terms of Use and such other terms and conditions published with the same. Promotional offers and prices are for a limited time or as specified. Prices and promotions are subject to change without prior notice. Inventory and availability are subject to rapid change.

Use of Materials; Proprietary Rights Restrictions

You agree not to upload, transmit, post, email or otherwise make available to any of the Services, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, anti-discrimination, or false advertising), harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; (ii) infringes any third party’s intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, cancelbots, Easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment.

In addition, you further agree not to: (i) alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on any of the Services or contained in a file that is uploaded to any Service; (ii) impersonate any person or entity, including, but not limited to, a Rocksino by Hard Rock Deadwood official or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) attempt, through any means, to gain unauthorized access to the Services or another user’s account on any of the Services; (iv) access, monitor, observe, or otherwise use any aspect of the Services if you are not in compliance with the Age Requirements; (v) use any device, software, or routine that interferes or attempts to interfere with the proper working of the Services; (vi) use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Services without Rocksino by Hard Rock Deadwood’s prior express written permission; (vii) engage in the systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission is prohibited; (viii) take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure; or (ix) create liability for Rocksino by Hard Rock Deadwood or cause Rocksino by Hard Rock Deadwood to lose (in whole or in part) the services of its information technology partners or other suppliers.

All material on the Services, including, without limitation, all informational text, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, software code, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, except for the Hard Rock Marks, are owned by Rocksino by Hard Rock Deadwood or other parties that have licensed their material, and are protected by copyright, trademark, and other intellectual property laws. Hard Rock and associated logos (the “Hard Rock Marks”) are the trademarks of Hard Rock International (USA), Inc. or its affiliated entities, and are used under license to Rocksino by Hard Rock Deadwood. Unauthorized use is expressly prohibited.

The names and logos of third- party products and companies shown on the website and used in the materials are the property of their respective owners and may also be trademarks.

The Materials may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior written consent of Rocksino by Hard Rock Deadwood. Any modification of the Materials, use of the Materials on any website or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, without the prior written consent of Rocksino by Hard Rock Deadwood, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited. Any unauthorized use of any Materials contained on or offered via the Services may violate domestic and/or international copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, as well as other applicable law.

If you have accessed the Services, Rocksino by Hard Rock Deadwood grants to you a personal, non-exclusive, non-transferable, revocable, limited license to use and display the audio and visual information and documents contained in or made available through the Services (the “Content”) solely for your own personal use. All rights in the Content, Site and Services not expressly granted herein by Rocksino by Hard Rock Deadwood to you are reserved by Rocksino by Hard Rock Deadwood and/or its licensors.

Rocksino by Hard Rock Deadwood alone shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, remarks, innovations, graphics, materials, data, concepts, recommendations, comments, posting, or other information or communications provided by you relating to the Services (“Submissions”), and you agree to and hereby assign such Submissions to Rocksino by Hard Rock Deadwood free of charge. Rocksino by Hard Rock Deadwood may use or not use such Submissions as it deems appropriate in its sole discretion. For any submissions that cannot be legally assigned to Rocksino by Hard Rock Deadwood, you hereby grant Hard Rock an unrestricted, perpetual, royalty-free, irrevocable and worldwide license to use, reproduce, display, perform, modify, transmit and distribute the Submissions for any and all commercial or non-commercial purposes, and in any and all media or formats, whether now known or hereafter created, and you agree that Hard Rock is free to use any ideas, concepts, know-how or techniques that you send Rocksino by Hard Rock Deadwood for any purpose whatsoever, with no compensation to you. You also hereby waive any “moral rights” associated with the Submissions. For the avoidance of doubt, Rocksino by Hard Rock Deadwood has no obligation to affirmatively monitor or moderate Submissions posted to any Service by any user, but has the right in its sole discretion to modify, remove or delete any Submissions in its sole discretion.

Mobile App Terms

If you wish to download the App, you are granted the non-exclusive right to download, install, access and use a single copy of the App on a single mobile device owned by you. You agree not to (i) modify, adapt or translate the App or Services or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App or Services; (ii) remove any copyright notice, trade mark, legend, logo or product identification from the App, Content or Services; (iii) modify, translate or prepare derivative works of the App, Content or Services, or any portion thereof; (iv) make any commercial use of the App or Services; or (v) rent, lease, distribute or lend the App or Services to third parties.

The App may be available for download from one or more platforms, such as Apple iTunes or Google Play (“App Stores”). Your download, installation, access to or use of the App is also bound by the terms and conditions and privacy policies of the applicable App Store (“App Store Terms”). If there is any conflict between these Terms and the App Store Terms, then these Terms of Use will prevail.

This App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to any App Store. You and we acknowledge that these Terms of Use are entered into between you and us only, and not with any App Store, and we, not the App Store, are solely responsible for the App and the content thereof to the extent specified in these Terms of Use. You and we acknowledge that we, not the relevant App Store, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

You and we acknowledge and agree that the relevant App Store, and that App Store’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

You are also solely responsible at your sole cost for any wireless or other data service necessary to access the Services and use the App. You agree to abide by the terms and conditions of any agreement with your wireless or data service carrier.

Copyright Policy

(A) We respect 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 the Services 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”). You can mail the notification to our Designated Agent at: Rocksino by Hard Rock Deadwood, Attn: Legal, 685 Main St. Deadwood, SD 57732.

(C) The written notification of claimed infringement must include 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. We may also terminate the account or access of any repeat infringer.

Links

The Services may contain links to third-party websites (“Linked Sites”) as an accommodation and for convenience only. The Linked Sites are not under the control of Rocksino by Hard Rock Deadwood. The Linked Sites can also be accessed through links contained on third-party websites. Rocksino by Hard Rock Deadwood does not endorse, adopt or undertake any responsibility for the content or privacy practices of any third-party site, including, but not limited to, information provided at Linked Sites that may link the user to the Services. Rocksino by Hard Rock Deadwood shall have no obligation or liability with respect to any access by you of any Linked Sites or for your use of any information, products, materials, content, or services on or available on any Linked Sites. If you have accessed the Linked Site through a third-party link, you are still bound by the terms and conditions of these Terms of Use.

No Warranties

You expressly agree that use of the Services is at your sole risk. The Services and any content contained therein or downloadable therefrom are provided on an “as is” and “as available” basis. Rocksino by Hard Rock Deadwood expressly disclaims all warranties of any kind, express or implied, including, without limitation, any warranty of non-infringement, merchantability, fitness for a particular purpose, and quiet enjoyment. No advice or information, whether oral or written, obtained by you from Rocksino by Hard Rock Deadwood or through the Services shall create any warranty not expressly made herein. Rocksino by Hard Rock Deadwood shall not be 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 via the Services or any use of same by you. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services or any content contained therein or downloaded therefrom is at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

Rocksino by Hard Rock Deadwood makes no warranty that the Services or any content provided through the Services or any content contained therein or downloaded therefrom will meet your requirements, be accurate, complete, current or timely, or that the Services will be uninterrupted, timely, secure, or error free. In the event that the Services’ content is inaccurate, incomplete, or out of date, Rocksino by Hard Rock Deadwood does not intentionally make material misrepresentations nor does Rocksino by Hard Rock Deadwood intentionally provide incorrect information. Rocksino by Hard Rock Deadwood and its licensors make no representation or warranties that this site or any content contained therein or downloaded therefrom is appropriate or available for use in all geographic locations. If you use the Services 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.

Limitation of Liability

Rocksino by Hard Rock Deadwood and its officers, directors, board, employees and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the Services or any content contained therein or downloadable therefrom, or any information obtained via the Services or for the cost of procurement of substitute services or resulting from unauthorized access to or alteration of your transmissions or data, including, but not limited to, damages for loss of profits, use, data or other intangibles even if foreseeable or if Rocksino by Hard Rock Deadwood has been advised of the possibility of such damages. If your use of the Services results in the need for servicing, repair, or correction of equipment or data, you assume all costs thereof. Any transactions, communications, or other dealings you have with third parties found on or through the Services are solely between you and the third party. Rocksino by Hard Rock Deadwood makes no representations or warranties with respect to such third parties offering services. Rocksino by Hard Rock Deadwood shall not be responsible nor liable for or in connection with any such third-party transactions, communications, or other dealings.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

Indemnification

You hereby agree to indemnify, defend, release, and hold harmless Rocksino by Hard Rock Deadwood (its affiliates, successors, assigns, and each’s respective employees, officers, directors, managers, principals, members, stockholders, agents, licensors, and their respective successors and assigns), from and against any and all claims, damages, obligations, liabilities, losses, damages, fines, costs, and expenses (including, but not limited to, reasonable attorney’s fees, reasonable consultants’ fees, and court costs) incurred as a result of, arising from, or related to your use of any of the Services, any Submissions provided by you (including in the event your Submissions infringe, dilute, misappropriate or otherwise violate the rights of any third party, including with respect to rights of publicity or privacy), access by others to the Services under your authority or control or using your web account, and/or any Content or other information contained therein or provided thereby, including, but not limited to, information from Linked Sites linked to the Services.

Failure to Abide by theseTerms

Rocksino by Hard Rock Deadwood may, in Rocksino by Hard Rock Deadwood’s sole discretion, remove your information from the Services, issue you a warning, suspend your use, or even terminate your use of your account immediately, without notice to you, and refuse to provide any services to you if you breach these Terms of Use, or if Rocksino by Hard Rock Deadwood is unable to verify or authenticate any information that you provide or if we believe your actions may cause financial loss or legal liability for you, Rocksino by Hard Rock Deadwood’s other guests or users, or Rocksino by Hard Rock Deadwood.

Rocksino by Hard Rock Deadwood reserves the right, in its sole discretion, and for any reason, to refuse access to any user at any time to those portions of the Services that require registration. You agree that Rocksino by Hard Rock Deadwood shall not be liable to you or any third party for any termination of your access to any Material, Content, or the Services.

Governing Law and Venue

These Terms of Use shall be governed by and construed under and pursuant to the laws of the State of South Dakota, without regard to South Dakota’s conflicts of laws principles. Except to the extent arbitration applies as set forth in the Dispute Resolution section below, any and all litigation concerning any dispute arising under or in connection with these Terms of Use shall be filed and maintained only in a state or federal court located in Deadwood, SD. You agree to the personal jurisdiction by and venue in the state and federal courts in Deadwood, SD, and waive any object to such jurisdiction or venue.

Dispute Resolution

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

A. Initial Dispute Resolution. We are available by email at [insert email] to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and Rocksino by Hard Rock Deadwood agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

B. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued e, then either party may initiate binding arbitration. Any controversy or claim arising out of, or relating to, these Terms of Use, or the breach thereof, or the Services (except for claims we may bring with respect to our intellectual property rights or actions for temporary restraining orders or preliminary injunctive relief, which may be brought in court as set forth in the section above) shall be settled by binding arbitration in accordance with the commercial arbitration rules then in effect of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Lawrence County, SD. Rocksino by Hard Rock Deadwood on the one hand and you on the other hand shall select an arbitrator from a list provided by the American Arbitration Association that is mutually satisfactory to them. If Rocksino by Hard Rock Deadwood and you are unable to agree on an arbitrator within ten (10) days, Rocksino by Hard Rock Deadwood and you shall each choose an arbitrator from a list provided by the American Arbitration Association within ten (10) days of the parties failing to mutually agree to an arbitrator. The two arbitrators so selected shall then select a third arbitrator mutually satisfactory to them from the list provided by the American Arbitration Association. If a party fails to select an arbitrator as required within the applicable timeframe, the arbitrator timely selected by a party shall be the sole arbitrator of the matter referred to arbitration. The single arbitrator so selected by the aforesaid procedure shall hear the dispute and decide it. The award of the arbitrator shall be binding and final on all parties. Any and all legal, accounting and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.

C. Class Action and Class Arbitration Waiver. You and Rocksino by Hard Rock Deadwood each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Rocksino by Hard Rock Deadwood each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then this arbitration provision shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

D. Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

E. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions by sending written notice of your decision to opt-out to the following email: ______. The notice must be sent within thirty (30) days of your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this section. If you opt-out of these arbitration provisions, Rocksino by Hard Rock Deadwood will not be bound by them.

F. Exclusive Venue for Litigation. To the extent that the arbitration provisions not apply, the venue set forth in Governing Law and Venue shall apply to any lawsuit or legal action in connection with these Terms of Use or the Services.

Invalidity; Additional Terms

These Terms of Use constitute the entire agreement between Rocksino by Hard Rock Deadwood and you. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Accessing or using the Services may require that you agree to additional terms associated with particular aspects of this Site (“Additional Terms”). Additional terms, conditions, and disclaimers regarding the use of the Services’ functions may appear within the body of the Services and are incorporated herein by reference. The Additional Terms and Terms of Use shall apply equally; however, if there is irreconcilable difference between the Additional Terms and Terms of Use, the Additional Terms shall apply.

No arrangements for prohibited persons/excluded persons

You acknowledge that Rocksino by Hard Rock Deadwood operates gaming establishment. Rocksino by Hard Rock Deadwood is: (i) prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury; and (ii) must exclude or eject any “excluded persons” that are listed on the Rocksino by Hard Rock Deadwood list of prohibited and/or excluded persons. You agree to use all reasonable efforts not to arrange for any of these prohibited persons or excluded persons to stay at, use, or tour any Rocksino by Hard Rock Deadwood facility or use the Services.

Persons who have executed and submitted to Rocksino by Hard Rock Deadwood a Request for Voluntary Self-Exclusion from Casino Gambling (“Voluntary Self-Exclusion”) may not use the Site or the Services. Other limitations of self-excluded persons are contained in the Voluntary Self-Exclusion. Creating an account on the Site does not rescind your Voluntary Self-Exclusion. Rescission of a Voluntary Self-Exclusion is governed by the terms and conditions set forth in the Voluntary Self-Exclusion. In accordance with the terms and conditions of the Voluntary Self-Exclusion, Rocksino by Hard Rock Deadwood is not liable for any access by or services provided to a self-excluded person as a result of self-excluded persons accessing the Site or creating an account.

Miscellaneous

Employment opportunities with Rocksino by Hard Rock Deadwood that are listed via the Services are subject to change without prior notice. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use, and you do not have any authority of any kind to bind Rocksino by Hard Rock Deadwood in any respect whatsoever. Rocksino by Hard Rock Deadwood is an equal opportunity employer. Except as explicitly stated otherwise, any notices shall be given, if to Rocksino by Hard Rock Deadwood, by postal mail to Rocksino by Hard Rock Deadwood, Attn: Legal, 685 Main St. Deadwood, SD 57732. Alternatively, Rocksino by Hard Rock Deadwood may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Rocksino by Hard Rock Deadwood during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.