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Copyright & Legal

Effective Date: September 14, 2011

Welcome to the Grand Victoria Casino Elgin (GVC) web site (“Site(s)”). Our Sites are offered as a service to our customers. GVC, its subsidiaries and affiliates appreciate your interest in GVC and its Sites. The following terms and conditions of use (“TOU”) set forth the basic rules that govern your use of the Sites. PLEASE READ THE TOU CAREFULLY BEFORE USING OUR SITES. THESE TOU GOVERN YOUR USE OF OUR SITES, AND IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU SHOULD NOT USE THE WEB SITE.

  1. Introduction
    Your use of the Sites constitutes your knowledge, understanding, and acceptance of the TOU, and your agreement to be bound by the TOU.  GVC may change, edit, modify, delete, revise, or update the TOU from time to time without notice, and your use of our Sites after any changes, edits, modifications, deletions, revisions, or updates are posted to the Sites constitutes your agreement to comply with the posted TOU. By using our Sites, you represent and warrant that you are at least the age of majority in your state, territory, province, or country residence. If you are not the age of majority in your state, territory, province, or country of residence, you do not have permission to use the Sites.

  2. Trademarks
    The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on our Sites are the registered and/or unregistered Trademarks of GVC, or such third-party licensors that may own the displayed Trademarks. Nothing contained on our Sites or in the TOU serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on our Sites without the written permission of GVC or such third party licensors that may own the displayed Trademarks.

  3. Web site Contents and Copyright
    The text, Trademarks, logos, images, graphics, photos, digital video and audio files, application functionality, or any other digital media, and their arrangement on our Sites (“Content”) are all subject to GVC’s or its third-party partner’s patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to and use of our Sites are allowed solely for your purchase of GVC products and services, information, education, entertainment, and communication with GVC. You may download, copy or print the Content of our Sites for your non-commercial limited use only. No right, title, or interest in any of the Content of our Sites is transferred to you as a result of any downloading, copying, printing or use of our Sites.

  4. User Comments and Other Submissions
    While GVC desires to receive feedback from its customers, please do not send GVC any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like (“Submission(s)”). GVC is under no obligation to use or compensate you for your Submissions. GVC will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information.

  5. License to Use Submissions
    Our Sites may provide you with the opportunity to submit user-generated or third-party Submissions.  By submitting items to our Sites, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity to the Submissions that you submit.  If your Submission contains photographs or digital or video images that depict a child that is under the age of majority in their state, territory, province, or country of residence, you represent that you have written permission from the child's parent or guardian to provide the photo, digital, or video image. If you make a Submission to our Sites, you automatically grant GVC a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for GVC to use that Submission for any lawful purpose whatsoever, including, without limitation, the right to sublicense that Submission to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Submission.

  6. No Endorsement or Liability for User-Generated or Third-Party Content
    Although third-party or user-generated Submissions may be posted on our Sites, the posting of those Submissions does not constitute GVC’s endorsement of those Submissions.  GVC is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.

  7. Third-Party Links
    To the extent that the Sites may allow third-party links, those links may direct you to third-party websites that are not affiliated with GVC.  GVC is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.

  8. Copyrights and Digital Millennium Copyright Agents
    Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on our Sites.  Our copyright agent is GVC’s intellectual property counsel. Our intellectual property counsel can be reached at (312) 456-8400, chiipmail@gtlaw.com, or via U.S. Mail at: Grand Victoria Casino Intellectual Property Counsel, Chicago IP Docketing, Greenberg Traurig, LLP, Chicago, IL 60601-1732.

  9. DMCA Infringement Notification
    To be effective, your infringement notification must include the following:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    2. 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.

    3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;

    4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;

    5. The following statement: “I 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”; and

    6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

    Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

    1. GVC will remove or disable access to the content that is alleged to be infringing;

    2. GVC will forward the written notification to the alleged infringer; and

    3. GVC will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

    DMCA Infringement Counter Notification

    Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from GVC, the alleged infringer will have the opportunity to respond to GVC with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to GVC’s designated copyright agent, and must include the following:

    1. A physical or electronic signature of the subscriber;

    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

    3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and

    4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which GVC may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

    Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.

  10. Prohibited Uses
    In addition to other prohibitions as set forth in the TOU, you are prohibited from using our Sites or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Sites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Sites, other websites, or the Internet. We reserve the right to terminate your use of our Sites for violating any of the prohibited uses.

  11. Registration, Accounts and Passwords
    You are responsible for the personal protection and security of any password or username that you may use to access our Sites, if any. You are responsible for all direct or indirect damages and liable for all activity conducted on our Sites that can be linked or traced back to any prohibited uses of the Sites conducted under your username or password. You are obligated to immediately report a lost or stolen password or username to GVC.

  12. Sites Updates
    GVC undertakes no obligation to update, amend or clarify information on our Sites, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on our Sites should be taken to indicate that all information on the Sites has been modified or updated. Please remember when reviewing information on our Sites that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on our Sites to become inaccurate or incomplete.
    On occasion, information on our Sites may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times.  GVC reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate (including after you have submitted your order).

  13. Service and Pricing Information
    Prices posted, if any, on the Sites are for informational purposes only, and GVC reserves the right to change prices or fees for services any time prior to an actual purchase. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of services are subject to change at any time without notice at the sole discretion of GVC.  GVC reserves the right to discontinue any products or services at any time. Any offer for any promotion or service made on our Sites is void where prohibited.
    Our Sites, Content, product information, and any products and services sold through the Sites are intended to comply with U.S. laws and regulations. If you are a non-U.S. user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those established in the U.S.

  14. Limitations on Liability
    YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT GVC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITES, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF GVC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GVC’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS.
    BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. GVC’S AND ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’  DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 

  15. Disclaimer
    THE CONTENT PROVIDED ON OUR SITES IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” GVC MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF OUR SITES. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND GVC MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM OUR SITES IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO GVC EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, GVC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES AND CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
    GVC RESERVES THE RIGHT TO ALTER OR REMOVE WEB SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND GVC WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION. 

  16. Indemnification
    YOU AGREE TO INDEMNIFY AND HOLD GVC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED TO YOUR USE OF OUR SITES OR BREACH OF THESE TOU.

  17. Release
    ALL USERS OF OUR SITES ACKNOWLEDGE AND AGREE THAT GVC AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITES, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. GVC RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF OUR SITES.

  18. Termination
    GVC may terminate the TOU at any time and may do so immediately without notice and, accordingly refuse or terminate your access to the Sites, if, in GVC's sole discretion, you fail to comply with any term or condition of the TOU.

  19. Choice of Law and Forum
    These TOU will be governed and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law rules.  For all disputes arising out of or relating to our Sites or TOU, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Cook County, Illinois.

  20. Notice and Consent to Electronic Communications
    When you visit our Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing.

  21. Privacy Statement
    GVC is committed to protecting the privacy of the visitors to our Sites.  For information on how information is collected, used, or disclosed by GVC in connection with your use of the Sites, please consult our Privacy Policy.

  22. No other Agreements
    The provisions and conditions of the TOU constitute the entire agreement between you and GVC related to the use of the Sites and supersedes any prior agreements or understandings not incorporated in the TOU. The TOU are effective as of the Effective Date. Continued use of the Sites by you after the Effective Date constitutes your acceptance of the TOU after the Effective Date.

    Should you have any questions concerning the TOU, or if you desire to contact GVC for any reason, please contact victoria@gvcelgin.com.