Please read these website terms and conditions ("Terms") carefully before using this Website (as defined below) and registering as a Patron. If you have any questions relating to this Website or the Terms, please check our FAQs, send an email to email@example.com or contact our Customer Support team on live chat.
1.1 The website at www.oceanonlinecasino.com is made available by AC Ocean Walk, LLC., d/b/a Ocean Resort Casino (which we will refer to as "Ocean", "us", "we" and "our"), which is a New Jersey limited liability company. Our principal place of business is at 500 Boardwalk, Atlantic City, New Jersey, 08401. AC Ocean Walk, LLC., is authorized to conduct Internet Gaming in the State of New Jersey pursuant to and in accordance with the Act (as defined below), N.J.S.A 5:12-95.21 (as defined below) under a Internet Gaming Permit issued by the New Jersey Division of Gaming Enforcement.
The services and Games (as defined below) on the Website are provided and operated on our behalf by GAN, PLC., a company based in London, U.K.,( referred to herein as "GAN"). GAN may exercise any of our rights and fulfill any of our obligations under these Terms; and references to "Ocean", "we" or "us" shall include GAN, acting in such capacity on our behalf. However, these Terms shall apply to the use of the Website regardless of what party or parties may act as our service provider for such operations.
1.2 In these Terms, we will refer to you as "you", "your" and "Patron".
1.3 These Terms form a legally binding agreement between you and us.
1.4 These Terms apply when you use the Website.
1.5 We may change these Terms at any time. If we do change them, we will post the revised Terms on this page for your acknowledgement and acceptance. You will be required to acknowledge and accept the revised Terms in order to continue to use our Website. Any changes will apply immediately (unless otherwise stated). We recommend that you revisit and read these Terms regularly, as they govern your use of the Website.
1.6 Your continued use of the Website constitutes ongoing acceptance of these Terms as they are updated from time to time. You can obtain a copy of these Terms on request from Customer Support by email at firstname.lastname@example.org or on live chat.
2.DEFINITIONS USED IN THESE TERMS
In these Terms, where we use capitalized words they will have the meanings set out below:
|Act||means the New Jersey Casino Control Act, N.J.S.A. 5:12-1 et seq., and the regulations promulgated thereunder by the New Jersey Casino Control Commission and the New Jersey Division of Gaming Enforcement.|
|Bonus Money||means a constrained currency as defined in the Bonus Rules (as they are updated from time to time) that is released into a Patron account as a Patron meets wagering requirements in accordance with the Bonus Rules and any applicable bonus or promotional specific rules.|
|Cash||means unconstrained real money that a Patron may use to Wager or withdraw from their Patron account at any time.|
|Dormant Account||an Internet gaming account on the Website which has had no Patron initiated activity for a period of one year.|
|Game||means any Internet Gaming game or betting product played for Cash or constrained currency (such as Bonus Money) via the Website at any time.|
|Intellectual Property Rights||means the placing of wagers through a server-based gaming system with a casino licensee at a casino located in Atlantic City using a computer network for both Federal and non-Federal interoperable packet switched data networks through which an Internet Gaming Permit holder may offer authorized Internet games to a Patron who has established a Patron account with such Internet Gaming Permit holder.|
|Internet Gaming Permit||means a valid operation certificate provided to a casino licensee that has been approved by the New Jersey Division of Gaming Enforcement to conduct Internet Gaming.|
|Malfunction||means a malfunction or an error in the functioning of a Game or the Website, such as, but not limited to, an error in the published odds or pay tables, or a Game not working in accordance with its published rules.|
|Minimum Age||means 21 years old or over.|
|Patron||means an individual who is 21 years or older and is a user of the Website who successfully registers and holds a Patron account on the Website.|
|Progressive Jackpot||means a jackpot for a Game where the payout total is incrementally increased every time such Game is played for Cash.|
|Regulators||means the New Jersey Casino Control Commission and the New Jersey Division of Gaming Enforcement, who is appointed under the provisions of the Act. The Act grants the Regulators powers to ensure that the Internet Gaming Permit holders conduct their operations in accordance with the Act.|
|Service Parties||means Ocean, GAN, and any third party service providers providing services or Games in connection with the Website.|
|Strong Authentication||means a method that has been demonstrated to the satisfaction of Regulators to effectively provide higher security than a user name and password alone.|
|Ocean Premier Rewards||means loyalty points, which are awarded in accordance with the Ocean Premier Rewards Rules (as they are updated from time to time) (please see here) and/or which may be given by us to you from time to time in our discretion.|
|Wager||means when a Patron uses Cash and/or constrained currency (such as Bonus Money) to place a bet on or otherwise enter a Game (including, but not limited to, pre-purchased tickets).|
|Website||means the website operated and controlled by or on behalf of us and located at the principle URL link : www.OceanOnlineCasino.com, and any mobile or device specific version and any related applications of the website.|
|Website Content||means any content provided by us on or via the Website, including, but not limited to, materials, documents, images, graphics, logos, design, audio, video and any other information.|
3.OPERATING AND REGULATORY INFORMATION
3.1 We are subject to licensure by the New Jersey Division of Gaming Enforcement and regulated by the Regulators under the provisions of the Act. These Terms are at all times subject to the authority of the Regulators under the provisions of the Act. The New Jersey Division of Gaming Enforcement has granted AC Ocean Walk, LLC., an Internet Gaming Permit and assigned GAN PLC the Licence No. 386-50 and Vendor Identification No. 86583.
4.OPENING YOUR ACCOUNT
4.1. Patron Requirements: To register as a Patron, play Games for Cash, use the Game console chat functionality and/or use any of the other products and services we may make available to Patrons from time to time, you must:
4.1.1. be the Minimum Age. We may ask for additional information to confirm your age at any time;
4.1.2. register in your own name, for your sole benefit and not register or play on behalf of anyone else;
4.1.3. have a payment method that is approved by us and that is registered in your name, such as a valid bank account, credit card or alternative;
4.1.4. fully and accurately complete the required information on the registration form;
4.1.5. comply with these Terms at all times in relation to your use of the Website;
4.1.6. not be excluded by law from using the Website or websites that offer the same or similar services to the Website, including, but not limited to, being: (a) listed at any time on the Regulators’ "Exclusion List" (pursuant to the Act, N.J.S.A. 5:12-71 et seq.); (b) self-excluded (pursuant to the Act, N.J.S.A. 5:12-12-71.2); or (c) any other person specifically excluded under the Act, including, but not limited to, any casino key employees and casino employees prohibited from wagering in any casino or simulcasting facility in the State of New Jersey (pursuant to the Act, N.J.S.A. 5:12-7 and 5:12-9 (respectively)); and
4.1.7. be physically present in the State of New Jersey to Wager. We may ask for additional information to confirm your location at any time. Please see Section 4.5 below for more information.
4.2. You may only have one active Patron account at any one time.
4.3. Failure to meet the Patron Requirements: If we become aware that you do not satisfy any of the requirements set out in Section 4.1 above, or in violation of Section 4.2 above, we may invalidate and close your Patron account.
4.4. Minimum Age: It is a criminal offense to Wager or allow another person who is under the Minimum Age to participate in wagering via the Internet or mobile, including, but not limited to, participate in services provided on websites that are the same as or similar to the Website. If you are found by us to be under the Minimum Age, or allowing another individual under the Minimum Age to participate in wagering, your Patron account will be suspended, your deposits will be refunded and any winnings will be null and void or may be paid to the Regulators. No claim may be made against us in these circumstances.
4.5.2. By registering a Patron account, you consent to the monitoring and recording by the Service Parties and/or by the Regulators of any wagering communications and geographic location information for the purpose of determining compliance with the Act.
4.5.3. We may use or make available to you a "Strong Authentication" process, as defined above, to verify your location from time to time. Such process may vary from time to time and require you to verify your identity. Please see our FAQs for further details.
4.6. Age and Identity Verification Policy:
4.6.1. When considering your Patron registration application and certain deposit and withdrawal transactions, we may use an independent risk management provider to verify your age name, address and social security number or any other information that you provide to us. We may use or make available to you a “strong authentication” process, as defined above, to verify your age and identity. In performing these checks, the risk management provider may keep a record of your information. The purpose of such checks is to confirm your age, identity and geographic location only. Such checks should not impact your credit score or creditworthiness. These checks enable Patron accounts to be opened more quickly, reduce the need to obtain age and identification documents and assist us with our age verification licensing obligations and crime and fraud prevention program. You will not be able to play any Games for Cash until your age, identity and location have been verified. You hereby consent to our making of such an inquiry of any credit reporting agency for this purpose.
4.6.2. If we cannot satisfactorily complete our age and identity verification process, we may ask you to provide personal identification documents to further confirm and validate your age and identity. Such checks may include (but may not be limited to): (a) proof of your age (with a passport or any other government issued identity document); (b) proof of your address (with a current utility bill or a bank or card statement); and (c) proof of your identity (with a government issued identity document, such as a drivers license, passport number, a current utility bill or bank or card statement). We may suspend your Patron account until you have satisfactorily completed these checks. We will communicate all requests to you via the My Account - Confirm My Details section of the Website and also by email.
4.7. Registration Acceptance and Personal Accounts: Upon acceptance of your registration as a Patron, you will be issued a personal Patron account and sent confirmation of your registration by email. You cannot use the full functionality of your Patron account, including, but not limited to, processing any withdrawals until you have confirmed your email address by clicking on the link in your registration confirmation email. If you have entered an incorrect email address at the time of registration, you can update your details in the My Account section of the Website.
4.8. Declined Applications: We may decline acceptance of a Patron account application at any time and for any reason.
4.9. Transfer of Accounts and Funds Between Accounts: Your Patron account is unique to you. You must not sell, transfer or acquire Patron accounts to or from other Patrons or attempt to do so. No funds (including, but not limited to, any winnings), bonuses or Ocean Premier Rewards Points may be transferred between Patron accounts.
4.10. Anti-Money Laundering Policy:
4.10.1. In addition to the location, age and identity verification policies described in Sections 4.4, 4.5 and 4.6 above, and as part of our compliance with applicable anti-money laundering laws and regulations, we may at any time (including, but not limited to, certain stages of your Patron account registration) ask you to verify your identity and address as well as request proof of ownership for any payment methods used to deposit or withdraw funds.
4.10.2. It is unlawful to deposit, or attempt to deposit, funds obtained from criminal, illegal or fraudulent activities into your Patron account.
4.10.3. We are required to monitor any unusual or suspicious transactions of any size and report suspicious transactions and fraudulent activity to the Regulators, and we may report such activity to the police or relevant authorities.
5.ACCOUNT PAYMENTS AND WITHDRAWALS
5.1. Registered Name: You can only use payment methods registered in your own name to make deposits and request withdrawals.
5.2. Deposit Methods: We do not charge you to deposit to or withdraw from your Patron account. We accept no responsibility for any currency exchange conversions, charges or fees levied by your card issuer, bank or financial institution.
5.3. Minimum and Maximum Deposits: All deposits are subject to minimum and maximum limits per transaction, which limits may vary depending on the payment method used. Full details can be found in our FAQs . We may limit any Patron’s deposits on any single day.
5.4. Online Wagering only: You may only place Wagers for the Games through this Website. Attempts to place Wagers through any other medium, including, but not limited to, telephone, fax or mail, will not be accepted. The minimum Wagering requirement for each Game may vary and will be specified in each Game.
5.5. Illegal Wagering is Void: We may, in our sole discretion, declare any Wager as void if a Patron is identified as playing illegally, in which event no winnings will be paid.
5.6. Interest on Patron Account Funds: We are not a financial institution. Interest will not be payable on monies held in Patron accounts as these are merely advance payments for intended wagering.
5.7. Payment Transactions and Fraudulent and Suspicious Transactions: You must not make or attempt to make any chargebacks, and/or deny or reverse any payment that you have made. You will be required to reimburse us for any chargebacks, denial or reversal of payments you make and any resulting loss suffered by us. If we are notified of any suspected or fraudulent payment (including, but not limited to, use of stolen credit cards) or any other fraudulent activity (including, but not limited to, any chargeback or other reversal of a payment), we may suspend or close a Patron's account, reverse any withdrawal made and recover any winnings.
5.8. Payment Withholdings: We may, in our sole discretion, cease to provide the Games or withhold payment to certain Patrons or to Patrons paying with certain credit cards or third party payment methods.
5.9. Minimum and Maximum Withdrawals: All withdrawals are subject to minimum and maximum limits per transaction, which limits may vary depending on the payment method used. Full details can be found in our FAQs . We may limit any Patron’s withdrawals on any single day.
5.10. Confirmation of Withdrawal Requests: Unless otherwise prohibited pursuant to the Terms herein, if you have submitted a request to make a withdrawal via an online payment method, you will see a confirmation message that the transfer has been processed and your balance will immediately clear to the balance of the amount not withdrawn. If you submit a request to make a withdrawal via a cashier cage (located at our principal place of business, listed above), please follow the on-screen instructions following submission of your request. Only Cash may be withdrawn from your Patron account. Bonus Money is not available for withdrawal.
5.11. Withdrawal Authorization and Payment: We try to authorize your withdrawal request within twenty four (24) hours of our receipt of your request. For security reasons, Patrons making withdrawals may have to provide some additional information to ensure stringent safeguards are maintained (see Sections 4.4, 4.5, 4.6, and 4.10). We are not responsible for any delays in processing your withdrawal requests if you do not receive or respond to our requests for information. Once your withdrawal has been approved, we are not responsible for any third party financial clearing process that delays your payment being received.
5.12. Incorrect Account Information: It is your responsibility to submit the correct bank account details for payment of withdrawals. We cannot repay payments made by us to another account due to incorrect account details provided by you. If a payment is unsuccessful and returned to us by our bank payment processor, we will investigate such payment, notify you and request corrected bank account details. Such unsuccessful payments will only be credited to your corrected account details once we have been notified by our bank payment processor that the payment has been successfully retrieved.
5.13. Patron Account Statement: You may request a statement detailing your Patron account activity, including, but not limited to, your deposits, withdraws, winnings or loss, current balance and self-imposed limit history (if applicable), by contacting Customer Support by email at email@example.com or on live chat.
5.14. Uncollected or Reversed Deposits: If any deposit is charged back or is otherwise deemed uncollectable for any reason, any and all winnings generated from play or Wagers conducted from such account from the time of the applicable deposit until its reversal or uncollectability shall be invalidated, forfeited and/or deducted from your Patron account balance. In addition, the amount of the initial failed deposit will be invalidated, forfeited and/or deducted from your account balance. In the event that your account balance is not sufficient to collect such forfeitures through deductions, you expressly acknowledge and agree, unless you dispute the validity of the debt, or any portion thereof, in writing within thirty (30) days after your receipt of notice, the debt will be assumed to be valid, due and payable immediately. If you notify Ocean in writing within the thirty (30) day period that the debt, or any portion thereof, is disputed, we will provide you with verification of the debt. You expressly acknowledge and agree that, in the event of non-payment of such debt, we may proceed to enforce our rights, which may include, but not necessarily be limited to, legal action and attendant cost and counsel fees. In such event you agree that in addition to any other amounts due to us, you will pay all legal fees and costs paid by us in collecting any amounts due from you. You further expressly acknowledge and agree that, in the event of non-payment of such debt, we may, at our sole discretion, assign such debt to one or more collection agencies. Note that following the assignment of such debt to a collections agency, the resolution of such debt and any legal processes associated therewith are not within our control and must be negotiated or resolved directly with such collections agency. In accordance with Section 7 , we reserve the right to suspend or close the account(s) associated with the uncollected or reversed deposit.
6.MANAGING YOUR ACCOUNT AND SECURITY
6.1. Up to date details:
6.1.1. It is your responsibility to ensure that your personal details are kept up to date. If necessary in connection with the management and operation of your Patron account, we may contact you by email, telephone, SMS (text message) or letter via the contact details you provide to us. By agreeing to these Terms you expressly consent to the following additional conditions as set forth in Section 6.1.2 regarding being contacted via email or text message:
6.1.2. SPECIAL TERMS PROVIDING EXPRESS CONSENT TO RECEIVE CALLS AND TEXT MESSAGES
18.104.22.168 You warrant and represent to Ocean that you are either the account owner of any mobile or residential phone numbers you provide to us or you have the express permission of the account holder to provide such numbers (“Provided Numbers”).
6.1.3. In creating and using your Patron account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your Patron account and refuse any and all current or future use of your Patron account.
6.2. Keeping Password and Patron Details Secure:
6.2.1. Your Patron account username, password and personal question details are for your personal use and should be kept private and confidential at all times. You should change your password on a regular basis. We will make available to you the ability to use a “strong authentication” process, as defined above, when you elect to change your password. You may update your personal details, including, but not limited to, your password and security answers, via the My Account section on the Website. Where correct security information is provided, we are entitled to assume that all payment and gaming transactions made through your Patron account are made by you.
6.2.2. We use reasonable precautions to protect the privacy of your username, password and Patron account information, and all credit card information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your credit card, username, password and Patron account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
6.2.3. If your Patron account is inactive for 15 minutes, you will be required to re-enter your username and password before you can play a Game. Notwithstanding this functionality, you are responsible for adjusting the auto-lock settings on your personal computer and/or device from which you access the Website in order to prevent unauthorized use of your Patron account.
6.2.4. You are ultimately responsible for protecting your username, password and Patron account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. We will make available to you a “strong authentication” process for your use in enhancing the security of your log-in parameters. You agree to: (i) never allow anyone to have access to your Patron account; (ii) immediately notify us if you become aware or suspect any unauthorized use of your username, password or Patron account, or any other breach of security; and (iii) ensure that you log out of your Patron account at the end of each session. You are always responsible for use of your Patron account by yourself and others, including those persons that gained unauthorized access to your Patron account through your acts and omissions.
6.3. Responsible Account Management: We take no responsibility for any third party access to your Patron account where your negligence or deliberate act has contributed to such third party access and under no circumstances shall we be liable for any losses incurred by you as a result of misuse of your username or password by any person or for any unauthorized access to your Patron account (unless this is due to our negligence) where your negligence or deliberate act has contributed to such misuse or third party access. All transactions where your username and password have been entered correctly by a third party will be regarded as valid, whether or not authorized by you where your negligence or deliberate act has resulted in such party obtaining your username and password. You must monitor your Patron account to prevent its use by another person.
7.1. Account Closure: We may temporarily suspend or permanently close your Patron account at any time without providing any reason.
7.2. How to Close your Account: You can close your Patron account and request payment of outstanding funds at any time. You may instruct us to close your account at any time by contacting our Customer Support team by email at firstname.lastname@example.org or on live chat with the username or registered email details of your Patron account. Such closure will occur within seven (7) calendar days after our receipt of your request and we will confirm the closure of your Patron account by email. You remain responsible for any activity on your Patron account between your request and the closure of your Patron account by us.
7.3. Temporary or Permanent Closure of your Account: If you wish to temporarily exclude yourself from the Website or Self Exclude please see Section 9.
7.4. Dormant Accounts: If a Patron has a Dormant Account, any funds in such Dormant Account remaining on deposit and any pending Wagers shall be forfeited.
7.5. Effect of Account Closure: Provided that you have complied with these Terms, and provided the funds in your account have not been forfeited as indicated above, upon your request, your outstanding funds, as recorded on our systems less any active bonuses will be transferred to your bank account or returned by another payment method used by us and you. Such funds may also, at your option, be withdrawn at Ocean’s casino cage (located at our principal place of business, listed above). Closure of a Patron account will automatically render any open Games, pre-purchased tickets, Ocean Premier Rewards Points, Bonus Money and entries in any bonus schemes or competitions void. We cannot reinstate these if the Patron account is subsequently reopened. We will use reasonable efforts to ensure that you are removed from our promotional lists within seventy two (72) hours of your Patron account being closed.
7.6. Re-opening your Account: You may request to re-open a closed Patron account by contacting our Customer Support team at email@example.com or on live chat with the details of the Patron account you wish to re-open. We will review all requests to re-open a closed Patron account. Patron accounts closed as part of our self-exclusion or cool off policy cannot be re-opened for any reason until the self-exclusion or cool off time period has expired (see Section 9 below).
8.1. You must not use the Website:
8.1.1. for any unlawful purpose;
8.1.2. for any commercial purpose;
8.1.3. in a way that impairs, interrupts or damages the Website or its efficiency;
8.1.4. to advertise or promote your own or any third party’s products or services;
8.1.5. to distribute any unsolicited communications, including, but not limited to, spam;
8.1.6. in any way other than for your personal use;
8.1.7. from a territory in which the use of this Website is illegal; and
8.1.8. in breach of these Terms.
8.2. You must not use (or upload to the Website or our systems) any form of malware (including, but not limited to, viruses, worms, Trojan horses and spyware) or any other code that may be deemed malicious. You are also prohibited from using any "bots" or other form of automated software to place Wagers or entries into competitions or promotions on your behalf.
8.3. You must comply with:
8.3.1. all Game-specific rules; and
8.3.2. all competition and promotional rules; and
8.3.3. any other rules and policies relating to the Website,
that we may publish on the Website from time to time.
8.4. We may restrict or prevent your use of the Website or close your Patron account at any time if we reasonably believe that you have breached any of these Terms. We may also take action to defend our rights or the rights of any other person under these Terms.
9.1. Responsible Gaming Policy: As part of our Responsible Gaming Policy we provide you with the ability to control and limit your spending, and options to temporarily cool off access to your Patron account and an option to self-exclude and close your Patron account for a set period of time. To view our Responsible Gaming Policy and for more details on how you can control your gambling please visit the Responsible Gaming link in the My Account section of the Website.
9.1.1. Deposit Limit and Frequency Control: Our Deposit Limit and Frequency Control tool enables you to specify the maximum amount you can deposit over a set period of time. You can set a maximum deposit limit and frequency control on your Patron account by accessing the Responsible Gaming section in the My Account section of the Website. The default setting on all new Patron accounts is no limit. Further information on the deposit amount limits and frequency controls is made available in the FAQs. We will take all reasonable precautions to ensure your deposit limit is observed but we are not liable to you if you circumvent our procedures and/or deposit funds into your Patron account that exceeds your limit.
9.1.2. Spend Limits: Spend Limits lets you specify the maximum amount of Patron deposits that you put at risk (i.e. potentially lose over a daily, weekly, or monthly period), applying to the balance between amount spent to participate in Games and amount won during the defined time period. Further information on the Spend Limits is made available in the FAQs. We will take all reasonable precautions to ensure your Spend Limit is observed but we are not liable to you if you circumvent our procedures to exceed your self-imposed Spend Limit.
9.1.3. Daily Session Time Limits: Session Time Limits lets you specify the maximum amount of time you wish to play Games on any day. After the time limit you have set expires, you will no longer be able to play the Games. For further information on session time limits, please see our FAQs.
9.1.4. Cool Off: You may temporarily exclude yourself from the Website for a period from seventy two (72) hours up to thirty (30) days by accessing the Cool Off section in the My Account section of the Website, and selecting your required cool off duration period. On confirming the cool off duration period, your Patron account will be immediately suspended and it will not be possible to login to your Patron account until the selected duration has expired. It is not possible for us to override or remove any cool off time period once set. Any balances and any advance Wagers (including, but not limited to, pre-purchased tickets) that you have placed will remain and any winnings will be credited to your Patron account. You will only be able to withdraw your winnings by contacting our Customer Support team at firstname.lastname@example.org or on live chat or after the cool off period has expired. Where you have confirmed the cool off, all pre-purchased tickets, stage saved Games, Ocean Premier Rewards Points, Bonus Money and entries in any bonus schemes and competitions cannot be cancelled but you will not be able to access them during the cool off period. It is possible that bonuses or Ocean Premier Rewards Points may expire during the cool off period. We cannot reinstate these if the Patron account is reopened after the cool off period.
9.2.1. You may request to voluntarily exclude access to your Patron account by signing up for the New Jersey Casino Gambling Self-Exclusion Program. To sign up to the Internet only self-exclusion program you may submit an application via your Patron account (My Account - Self Exclusion), on-line at the New Jersey Division of Gaming Enforcement Website (www.nj.gov/oag/ge/selfexclusion.html) or visit one of the two Department of Gaming Enforcement offices in person at the address locations detailed on the Self-Exclusion section of My Account. For requests made via your Patron account you may exclude access to your Patron account for a period of one (1) year or five (5) years. During such time you will not be able to re-open your account or take part in any games at any Internet gaming sites in New Jersey. A person remains on the Internet self exclusion list until such time as they appear in person and request to be removed from the list at one of the two New Jersey Division of Gaming Enforcement offices. You may only request a lifetime exclusion by making an in person request at one of the New Jersey Division of Gaming Enforcement offices.
9.2.2. Upon self-exclusion, any active gaming session will be terminated and you will be logged out of your Patron account with immediate effect. All pre-purchased tickets, stage saved Games, Ocean Premier Rewards Points, Bonus Money and entries in any bonus schemes and competitions cannot be cancelled but you will not be able to access them during the period of self-exclusion. It is possible that bonuses or Ocean Premier Rewards Points may expire during the period of self-exclusion. We cannot reinstate these if the Patron account is reopened after the self-exclusion period. All remaining balances (less any active bonuses) of $1.00 or more will be returned to you. Remaining balances (less any active bonuses) less than $1.00 will only be returned upon request.
9.3. General: Any Patron accounts that we detect that contravene our Responsible Gaming Policy will be closed. If you breach our Responsible Gaming Policy, we may suspend any Patron accounts that you may hold including any account you may hold with us.
9.4. Information: If you or someone you know has a gambling problem and wants help, call: (a) the Council on Compulsive Gambling of New Jersey on 1-800-Gambler (information is also available from their website: www.800gambler.org); or (b) Gamblers Anonymous on 855-2-Call GA or 855-222-5542 (information is also available from their website: www.gamblersanonymous.org).
10.1. We may offer certain bonuses (including Bonus Money) and bonus programs from time to time. All bonuses are subject to these Terms as well as the Bonus Rules (as they are updated from time to time) (which can be found here) and any other specific terms relating to bonuses that we publish on the Website or otherwise including but not limited to competitions or promotional rules.
10.2. If you receive a bonus, you must comply with the relevant terms set out in our Bonus Rules (as they are updated from time to time) (which can be found here). In addition, our decisions in respect of such bonuses are final and binding in all respects.
10.3. Closure of your Patron account will render a bonus void.
10.4. Bonuses are not transferable between Patron accounts.
10.5. Failure to comply with these Terms and any Bonus Rules (as they are updated from time to time) will automatically render your bonus and/or entry to a bonus program void.
10.6. We may withhold, withdraw, amend or cancel any bonus or bonus offer at our discretion at any time and without notice.
10.7. Additional Bonuses: We may choose, in our sole discretion, to provide additional bonuses or complimentary payments to Patrons, either applied directly to their Patron account or through mechanisms such as offering the facility for Patrons to participate in bonus Games, offers and chat and media Games. The application of any bonus or "comp" to a Patron’s account or the offering of bonus Games does not place any obligation on us to make any similar payment or bonus to any other Patron.
10.8. You may at any time check your available bonuses in the profile section of the website.
11.OCEAN PREMIER REWARDS
11.1. We offer an Ocean Premier Rewards loyalty program to Patrons. If you receive any Ocean Premier Rewards Points, you agree to comply with the terms set out in our Ocean Premier Rewards Point Rules (as they are updated from time to time). We can withdraw or change the Ocean Point loyalty program at any time and for any reason.
12.ACCEPTANCE AND VALIDATION OF WAGERING
12.1. Confirmed Wagers: A Wager is only placed when it is recorded by us. At that time, the amount of the Wager will be charged against your Patron account. All Wagers are final. We cannot cancel or refund Wagers once they have been confirmed by us unless the Wager is declared void for reasons outlined in these Terms.
12.2. Minimum Wager: A minimum amount of USD 0.01 (one cent) per Wager applies to each Game, unless otherwise specified.
12.3. Deduction of Wagers / Unresolved Wagers: The cost of a Wager will be deducted from your Patron account at the time of placing your Wager, no matter when the result is determined. We cannot refund Wagers purchased for future plays that have not yet been settled. Any winnings related to such Wagers will be credited to your Patron account once the play has been settled.
12.4. Our right to Cancel / Terminate Games: We may cancel, amend, remove or terminate any Game at any time in our sole discretion without notice. If a Game is cancelled, amended, removed or terminated in a way that makes it impossible to resolve a Wager that you placed, then that Game shall be deemed null and void and the Wager will be credited back to your Patron account.
12.5. Our right to Postpone Games: We may postpone any Games at our sole discretion. In this case, any Wagers for the postponed Games shall still stand and the Game will be executed at the new time set by us.
11 13.PAYMENT OF WINNINGS
13.1. Crediting Winnings: Winnings due on Wagers placed through your Patron account will be credited to your current deposit balance automatically. This update of your Patron account is not 'proof of win'. If upon manual review there is evidence of fraud, Malfunction or malpractice, we may void certain Wagers and winnings and amend Patron accounts accordingly.
13.2. Rounding of Winnings: We use a Wager multiplier to calculate and accumulate gaming odds and it is therefore possible that for certain Games, winnings payouts can be displayed for presentational clarity having been rounded down to two decimal places to the nearest currency unit (i.e. cents (USD)). However, the applicable Service Parties’ servers calculate and record the exact decimal value of the accumulated winnings payouts and Patrons’ balances.
13.3. Our Decision is Final: You agree that we and the applicable Service Parties’ records shall be the final authority in determining the terms of any Games you play, any Wagers you place, the circumstances in which such Wagers were placed, and the outcome of the same.
13.4. Taxation on Winnings: Any applicable taxes and fees in connection with any winnings awarded to you are your sole responsibility. Your use of the Website, and therefore your acceptance of these Terms, acknowledges that we will make a Form W-2G or Form 1099-Misc, as applicable, available for your reporting purposes and you are responsible for regulatory reporting obligations on any winnings or prizes subject to applicable Federal and States laws. You also acknowledge that we are required to report certain payments paid to you in accordance with IRS regulations.
13.5. Progressive Jackpots: We may choose to make available to Patrons pooled Progressive Jackpots across networks and services owned and operated by Ocean and third parties.
13.6. Progressive Jackpot Winnings: All Progressive Jackpot winnings will be subject to our confirmation. Our decision will be final and no correspondence will be entered into.
13.7. Progressive Jackpot Accuracy: We use reasonable measures to ensure that the Progressive Jackpot value displayed in a Game matches the value on the Game server. However, it is the Progressive Jackpot value on the server that is used when the Progressive Jackpot is paid out. A small discrepancy may arise due to the delay between the initial Progressive Jackpot being displayed to you and the Progressive Jackpot that is actually won and paid out. Although unlikely, it is theoretically possible for the Progressive Jackpot to be apparently won by more than one Patron during the delay period mentioned above. If more than one Patron apparently wins a Progressive Jackpot simultaneously then the Patron recorded on the applicable Service Parties’ servers as having won the Progressive Jackpot first shall be the recipient and the subsequent Patron(s) shall win the value of the Progressive Jackpot when reset. In the extremely unlikely event of the server recording a win truly simultaneously, we may share the Progressive Jackpot equally between the winning Patrons.
13.8. Wagers placed on our games will use your available funds in the following order
• Restricted Cash
• Restricted Bonus
• Site credit
You may view the separation of your funds by visiting the Balance & History page.
11 14.COMPETITIONS AND PROMOTIONS
14.1. From time to time we may offer you the chance to enter competitions and/or promotions or you may be automatically entered into a competition and/or promotion as a result of being a Patron. We will provide the specific rules for such competitions and/or promotions at the relevant time. You should therefore read these Terms in combination with any applicable specific rules for a competition and/or promotions you wish to enter. Where any such specific rules conflict with these Terms, the specific rules will take precedence.
14.2. Failure to comply with these Terms (and any applicable competition and/or promotion specific rules) will automatically render your entry to any competition or promotion as void.
14.3. We may withhold any credits, bonuses or prizes awarded as part of a competition and/or promotion at our discretion.
14.4. Closure of a Patron account during any competition and/or promotion will render your entry void and you will not be able to receive a prize.
14.5. We may withdraw or amend any competition or promotion at any time and without prior notice.
15.REGULATION OF RESULTS
15.1. Our Server Evidenced Results: If there is a discrepancy between either the numbers that you believe that you have entered or the graphic display of the Game you have played and those in the applicable Service Party database, the numbers in the database are considered valid and no correspondence disputing such issues will be entered into by us. This covers disputed results on both play for Games and demo mode games.
15.2. Random Number Generator: You accept and agree that: (i) random number generator software, hosted on the applicable Service Party servers will determine the outcome of the Games; (ii) if the result shown on the software conflicts with the result shown on the applicable Service Party server, the result shown on the applicable Service Party server shall in all circumstances take precedence; and (iii) the applicable Service Party records shall be the final authority in determining the circumstances of your use of the Website and you shall have no right to dispute our decisions in regard to such matters.
15.3. Claims and Disputes: No claims or disputes will be considered more than seven (7) days after the date of the original transaction and all claims or disputes should be raised with our Customer Support by email at email@example.com or on live chat .
15.4. Integrity of Random Number Generator: The output of the applicable Service Party random number generator is monitored regularly by us to ensure it performs within expected bounds and it is also checked periodically by the Regulators and is accepted and certified by the Regulators in accordance with the provisions of the Act.
15.5. Automatic Game Playing / Manipulation of Software: Automatic playing of Games by software (including, but not limited to, so called "bots", AI-software and any software used for opponent-filing and automatic betting) or any other manipulation of the Games or your/another Patron's account data is not permitted and may (without affecting our other rights and remedies) result in closure of your Patron account, closure of all associated Patron accounts, and the cancellation of any outstanding winnings and deposits. Patrons that breach this section will not be eligible for reinstatement under different screen names.
16.1.1. The Games are played over the Internet, and, in the case of mobile Games, over mobile telephone networks. These are communication mediums that are known to be imperfect. If you are disconnected from the Internet or a mobile telephone network, then: (i) if you have not commenced the Game when you are disconnected, there will be no effect on your account; or (ii) if you have commenced the Game when you are disconnected the Game will be recorded on the Game servers and the Wager will stand and the outcome will be reflected in your Patron account status.
16.1.2 A Patron engaging in mobile gaming at the Ocean Resort Casino on a mobile device provided by us acknowledges and agrees that if the mobile device provided by us is removed from the location of the Ocean Resort Casino, the internet connection will be terminated.
16.1.3. Some single player Games are multi stage and may include bonus Games. If you are disconnected from the Internet or a mobile telephone network during a bonus single player Game or a multi stage single player Game, reconnecting and re-selecting the Game (at the same value where applicable) should cause the Game to recommence from the point at which it terminated. Non multi stage single player Games will complete the outcome of the Game or bonus single player Game in your absence and will credit your Patron account if you win. If a bonus single player Game cannot for any reason be recommenced in this way, this is considered a Malfunction unless otherwise stated in the specific Game rules. If there is a disconnection, the records stored on the Game server shall be the final authority in determining the terms of any Wagers you place and the circumstances in which they were made. Malfunction voids all Wagers, pay and play.
16.2. Patron Account Balances: The balance of your Patron account will at all times be as recorded on our server.
16.3. Wager Result Acceptance: By placing any further Wagers with us, you accept the results of any previous Wager.
16.4. Site Activity Monitoring: Use of the Website may be monitored to ensure that you are not using the Website with a frequency or in a manner which might suggest you are using it for bookmaking or other suspected criminal activities. We may withhold any monies and/or suspend and/or close your Patron account if we consider that the Website is being used by you for bookmaking or other suspected criminal activities.
16.5. Suspicious Activity: If we determine or suspect that a transaction is suspicious (including, but not limited to, collusion between Patrons whether using our systems or other systems) and involves or may involve financial crime, fraud, cheating or irresponsible gaming behavior or breaches any of our policies, we may retain the amount of that transaction and any other transaction made by you. We shall be under no obligation to provide you with any reasons for doing so. In addition, we may disclose information of such activity (including, but not limited to, any details relating to you) to the Regulators and other applicable Law Enforcement agencies.
16.6. Fraud or Gaming System Malfunction: We may withhold winnings, void or freeze Wagers and notify the Regulators if you or another Patron manipulates the Games in a fraudulent manner, if there is collusion (or suspected collusion) between Patrons or if the gaming system itself Malfunctions.
16.7. Auto-play Facility: If you use an auto-play facility that we make available on any of our Games, the outcome of any spins prior to pressing the STOP button, including, but not limited to, any spin in progress at the time you press the STOP button cannot be reversed.
16.8. Employee and Service Providers Playing Restrictions: Neither: (a) our employees who are key employees and casino employees prohibited from wagering in any casino or simulcasting facility in the State of New Jersey; nor (b) service providers and their employees, agents or assigns who provide software licenses, software supplies, software developments to us may register as Patrons, play the Games or make transactions on the Website unless authorized to do so by one of our legally entitled officials for test purposes only. No funds or winnings in Patron accounts used in this manner may be withdrawn unless otherwise approved by the Regulators.
16.9. Force Majeure Events: If we are prevented from providing all or part of the Website (including, but not limited to, any service or Game) or fulfilling any of our obligations under these Terms due to an event beyond our reasonable control, including, but not limited to, an act of God, an outbreak of hostilities, riot, civil disturbance, acts of terrorism, the act of any government or authority (including, but not limited to, any refusal or revocation of any license or consent), fire, explosion, flood, theft, malicious damage, strike, lock-out, or industrial action of any kind or any other such cause beyond our reasonable control, the Website (including, but not limited to, any service or Game) may be suspended until such time as we are able to provide access to the Website (or any affected part thereof) or fulfill any obligations under these Terms. You agree to waive any claim against us which may arise in such circumstances.
17.1. Chat Content Standards: We may provide you with a chat facility to enable you to communicate with other Patrons and our chat hosts on the Website. We may review and keep a record of all such content on such chat facility. As a condition of your use of the chat facility, you agree to comply with the Chat Rules (as they are updated from time to time) (which can be found live chat) and the following terms:
17.1.1. you must not make any statements or submit any material that is sexually explicit or offensive, including, but not limited to, messages that are expressions of bigotry, racism, hatred, prejudice or profanity;
17.1.2. you must not make statements or submit any material that is abusive, defamatory or harassing or insulting to other Patrons;
17.1.3. you must not distribute viruses or any other technology that may harm the Website or otherwise disrupt our systems or the systems of other Patrons;
17.1.4. you must not make statements or submit any material that advertises, promotes or otherwise relates to any other websites or online or offline ventures, discusses illegal activities, or post personal details;
17.1.5. you must not make statements or submit any material about us or the Website or any other website or service connected to us that is untrue and/or malicious and/or damaging to us;
17.1.6. you must not hold us responsible for the publication of Patron content in the chat rooms or on the Website; and
17.1.7. you must not submit any content that you do not have the right to post.
17.2. Monitoring Levels: We may review Patron content that you post on the Website, including, but not limited to, on the chat facility and take necessary action retrospectively. If we consider that any such content is unsuitable, we may mute or suspend your ability to use the chat facility or close your Patron account at our sole discretion and your activity may be reported to your Internet Service Provider (ISP) or the relevant authorities.
17.3. Open Forum: You acknowledge and accept that your communications on the chat facility are not private or confidential, and may be viewed and used by others accessing the Website.
18.CONVENIENCE AND INFORMATION ONLY:
The Website is provided to you as a convenience and for your entertainment and information only. By merely providing access to the Website, we do not warrant or represent that: (a) the Website Content: (i) is accurate or complete; (ii) is up-to-date or current (nor do we have any obligation to keep any such Website Content up to date); (iii) is free from technical inaccuracies or typographical errors; or (iv) is free from changes caused by a third party; and/or (b) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (c) any information obtained in response to questions asked through the Website is accurate or complete.
19.INDEMNIFICATION; DISCLAIMERS; LIMITATION OF LIABILITY
19.1. NO WARRANTIES; INDEMNIFICATION: YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, WEBSITE CONTENT, ANY SERVICE OR ANY GAMES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE PROVIDE THE WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, WEBSITE CONTENT, ANY SERVICE OR ANY GAME OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OCEAN, GAN OR ANY OTHER THIRD-PARTY SERVICE PROVIDER PROVIDING SERVICES OR GAMES IN CONNECTION WITH THE WEBSITE (SAID SERVICE PROVIDERS TOGETHER WITH OCEAN AND GAN COLLECTIVELY REFERRED TO AS THE “SERVICE PARTIES”) OR OBTAINED THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
19.2. INDEMNIFICATION: You agree to defend, indemnify and hold the Service Parties and their directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by us or them, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
19.3. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS, OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR GAME PROVIDED ON OR THROUGH THE WEBSITE WILL BE: (A) WHERE SUCH LIABILITY RELATES TO A SPECIFIC WAGER, THE VALUE OF SUCH WAGER PAID BY YOU; OR (B) WHERE SUCH LIABILITY RELATES TO ANY MONEY IN YOUR PATRON ACCOUNT WHICH HAS BEEN MISPLACED, THE AMOUNT THAT HAS BEEN MISPLACED; OR (C) IN RELATION TO ANY OTHER CLAIM, THE AMOUNT OF $2,000. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY SERVICES OR GAMES PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES OR GAMES PROVIDED IN CONNECTION WITH THE WEBSITE. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOU MUST BE LOCATED IN THE STATE OF NEW JERSEY TO ACCESS THE WEBSITE. IN ACCESSING THE WEBSITE FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE SERVICE PARTIES, AND THEIR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WEBSITE, WEBSITE CONTENT, ANY SERVICE OR ANY GAMES; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE SERVICE PARTIES FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF THE SERVICE PARTIES AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
19.4. We do not endorse, warrant or guarantee any third party product or services shown on the Website and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
19.5. The information and other content provided as part of the Website does not constitute any kind of advice, recommendation or endorsement by us and is not intended to be relied upon by you in making (or refraining from making) any specific decision. We therefore disclaim all liability and responsibility arising from any reliance placed on such information or content by you or any Patron, or by anyone who may be informed of any of its contents.
19.6. We may discontinue, withdraw, terminate or modify the Website or any part of each at any time with or without notice or further liability to you.
20.THIRD PARTY CONTENT
20.1. We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
20.2. If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, our content (including, but not limited to, the Website Content); (ii) may not create a browser, border environment or frame our content (including, but not limited to, the Website Content); (iii) may not imply that we are endorsing it or its products or services; (iv) may not misrepresent its relationship with us; (v) may not present false or misleading information about our products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only content that is appropriate for all age groups.
21.COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
21.1. General: We are the copyright owner or authorized licensee of all text and all graphics contained on the Website. The trademarks, service marks and logos used and displayed on the Website are ours, or our subsidiaries’ or affiliates’, registered and unregistered trademarks. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our, or our subsidiaries’ or affiliates’, trademarks, service marks or copyrights, nor those of any third-party licensor as described above, without our prior, written permission. We aggressively enforce our Intellectual Property Rights. Neither our name, our subsidiaries or affiliates, nor any of our other trademarks, service marks or copyrighted materials, whether owned by us or licensed from others as aforesaid, may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without our prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Section 20.2 above may use the name "Ocean Resort Casino" in or as part of that link.
21.2. Software License for use of the Website: The Website may include software which may be downloaded and installed on your PC, mobile and/or any other device. We hereby grant to you a revocable, non-exclusive, non-sub licensable, non-transferable license for the use of the software on PC, mobile and/or any other device owned or operated by you, solely for the purpose of wagering and managing your Patron account on the Website. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without our express, prior, written consent.
21.3. No assignment: Other than the license set out in Section 21.2, you neither have nor obtain any right, title or interest in the Website (including, but not limited to, any Website Content) or any rights therein (including, but not limited to, Intellectual Property Rights) of us or our licensors. All right, title and interest (including goodwill) arising from your use of the Website will vest in us or our licensors (as applicable).
22.1. If you:
(i.) send, transmit, post on the Website, mail, email or otherwise convey to us, whether at our request or not, any non-personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials of any kind whatsoever, including, but not limited to, postings in chat rooms or on bulletin boards, competition entries, photographs, footage, audio recordings and quotes (including, but not limited to, any taken from telephone conversations or email correspondence); and/or
(ii.) agree to be filmed, photographed and/or recorded for the purposes of producing audio, visual and audio visual material for inclusion in marketing and publicity material,
(collectively, the "Submissions"),
22.2. We operate official pages on Facebook, Twitter and other social media websites in relation to the Ocean brand and other brands of (or licensed by) Ocean (collectively, the "Social Media Pages"). You accept that the Social Media Pages may feature Submissions made by or featuring you. You further acknowledge and agree that we have no responsibility for posts made by third parties on Social Media Pages.
We own, protect and enforce copyright and other Intellectual Property Rights, and respect the Intellectual Property Rights of others. Materials also may be made available on the Website by third parties not within our control. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the Intellectual Property Rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), we will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked "Copyright Infringement" to: firstname.lastname@example.org.
24.1.1. If you have a complaint, please follow our complaints procedure as set out in our FAQs . We will investigate each complaint and provide a response to you.
24.1.2. After all reasonable steps have been taken by you and us to resolve your complaint, you may file a complaint with the Regulators by emailing email@example.com or calling (609) 984-0909 or by submitting the Internet Dispute Form on the Regulators’ website (http://www.nj.gov/oag/ge/inquiriespatroncomplaints.html).
24.1.3. We may provide a copy of your complaint if it relates to your Patron account, Game outcomes and/or illegal activity and our response to you, including, but not limited to, any relevant documentation, to the Regulators.
24.2. DISPUTE RESOLUTION; ARBITRATION; CHOICE OF LAW
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
YOU AGREE THAT BY USING THE WEBSITE, WEBSITE CONTENT, ANY SERVICE OR ANY GAMES, YOU AND EACH OF THE SERVICE PARTIES ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND EACH OF THE SERVICE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR, OR ITS, INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
WITH THE EXCEPTION OF INTERNET GAMING RELATED COMPLAINTS, WHICH MAY BE FILED WITH THE REGULATORS AS SET FORTH IN SECTION 24.1.2 ABOVE, YOU AND EACH OF THE SERVICE PARTIES AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE SERVICE, OR YOUR AND EACH OF THE SERVICE PARTIES’ DEALINGS WITH ONE ANOTHER SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED BY AMERICAN ARBITRATION ASSOCIATION (“AAA”) USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF AAA ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF AAA. IF AAA IS UNABLE OR UNWILLING TO ARBITRATE A DISPUTE, THEN THE DISPUTE MAY BE REFERRED TO ANY OTHER ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND EACH OF THE SERVICE PARTIES AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, THE ARBITRATOR, YOU, AND APPLICABLE SERVICE PARTY MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN ATLANTIC CITY, NEW JERSEY. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. NEITHER YOU NOR THE APPLICABLE SERVICE PARTY WILL BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU AND EACH OF THE SERVICE PARTIES UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU AND EACH OF THE SERVICE PARTIES ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
YOU AND EACH OF THE SERVICE PARTIES AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION — I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION — SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION LOCATED IN ATLANTIC COUNTY, NEW JERSEY OR THE UNITED STATES DISTRICT COURT LOCATED IN ATLANTIC COUNTY, NEW JERSEY, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE SERVICE AND YOUR RELATIONSHIP WITH EACH OF THE SERVICE PARTIES. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (“FAA”), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG OR BY CALLING 800-778-7879.
IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST USE THE SERVICE OR SUBMIT THROUGH THE SERVICE A REQUEST FOR INFORMATION, YOU MUST SEND US A LETTER STATING “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE FOLLOWING ADDRESS:
AC OCEAN WALK, LLC., D/B/A OCEAN RESORT CASINO
Atlantic City, New Jersey 08401
Attention: Loretta Pickus, Senior Vice President & General Counsel
In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state or Federal courts in the State of New Jersey, Atlantic County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. These Terms will be governed by the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws.
24.3. Local Laws: We make no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Neither we nor Ocean are responsible for any such violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
24.4. Separate Effect: If any part of these Terms is disallowed or found to be ineffective, then the other provisions of these Terms shall continue to apply.
24.5. No Waiver of Rights: Any failure by us to insist, in any one or more instances, upon performance of any of these Terms or to exercise any rights hereunder, shall not be construed as a waiver or relinquishment of the future performance by us of any rights, and shall not excuse you from any performance under the Terms.
24.6. Third parties: These Terms form an agreement between you and us and are not intended to give any rights to any third party. This does not affect our right to transfer our rights under Section 24.7.
24.7. Transfer of rights: We may wish to transfer our rights or obligations under these Terms to any other company within Ocean affiliated entities or any other legal entity, including, but not limited to: (i) any of the Service Parties; or (ii) if we restructure our business or if there is a sale of our business. You agree that we may do so provided that in the case of a transfer, after we notify you of the date on which we transfer our rights and obligations under these Terms, your rights in connection with these Terms will be against the new legal entity. These Terms are personal to you and you may not transfer your rights or obligations under these Terms to anyone else.
Your Consent To These Terms
By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments to:
AC Ocean Walk, LLC
Atlantic City, New Jersey 08401
Attn: Customer Support - Website
Copyright © 2018. AC Ocean Walk, LLC. All Rights Reserved.
EFFECTIVE AS OF: September 26, 2018