Comp My Play, LLC and/or its affiliates provide www.CompMyPlay.com and its services to you subject to the following terms and conditions. If you visit or utilize our Sites, or mobile apps, you accept these terms and conditions. Please read them carefully, because they contain important disclosures and information regarding terms that may affect your legal rights.
1. Your Acceptance of the Terms
These Terms constitute a binding legal agreement (“Agreement,” though we may use “Terms” or “Terms and Conditions” interchangeably with “Agreement” herein) in electronic form between you (“you,” “your” and/or “yourself”) and Comp My Play, LLC and its successors, subsidiaries, affiliates and family of brands (“Comp My Play,” “we,” “us,” and/or “our”).
By using the Sites and/or Services, you agree to these Terms.
IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY USING THE SITES AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS.
In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product or a benefit offered via the Sites (“Additional Terms”). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.
2. Electronic Communication
The communications between you and Comp My Play are electronic. You consent to receive communications from Comp My Play in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
3. Your Privacy
4. Certain Conditions Placed on Your Use of the Sites and Services
Your permission to use the Sites and/or Services is conditioned upon your agreement that you:
are 21 years of age or older;
will comply with these Terms;
are able to form a binding contract with us;
are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us;
have not been blacklisted or banned from any participating or partner casino for any reason whatsoever;
are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us;
will not impersonate another user of the Sites and/or Services;
are of the legal age to gamble in the State where you are using the Sites and/or Services.
5. Your Account
You will need to register by creating an account with Comp My Play (either by registering directly with us or by allowing a Comp My Play application to connect through your Facebook profile) (an “Account”) in order to obtain access to certain Services, including Offers, Comps, Push Notifications, and/or SMS Messages, and to utilize the Comp My Play mobile wallet (M-Wallet).
If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”).
Access to the Comp My Play Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Comp My Play may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.
Comp My Play relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID.
If you believe your User ID is compromised in any way, please notify us immediately. If you become aware that your User ID is being used without authorization please notify us immediately.
6. Offers and Comps: Comp My Play provides Users with Offers for Comps which must be accepted by you. Upon acceptance of an Offer or Comp, a Voucher will be created and must be presented to the Merchant for redemption.
A. Offers, Comps, and Vouchers:
Comp My Play provides Users with opportunities to obtain certain products and services (each an “Offer” or “Comp,”) from Comp My Play’s partners and/or third-party merchants (usually casinos) (our “Merchant(s)”), except as otherwise expressly identified, using a time-limited promotional voucher exchangeable for free or discounted Merchant goods and services (a “Voucher”). This Voucher is provided to the User by a participating Comp My Play Merchant subject to the terms and conditions for the Sites as well as the Terms and Conditions required by any of our Merchants. The promotion of each Offer or Comp works as a form of advertisement for the Merchant by Comp My Play.
By accepting, adding to the Comp My Play M-Wallet, printing, redeeming through digital display, using, or attempting to use any Voucher, you agree to these Terms, the fine print identified in the Offer, Comp, or Voucher (defined below) and/or any additional Offer or Comp-specific terms related to the Offer or Comp at the time of purchase.
The Merchant makes the Offer or Comp available to Users on specific terms the Merchant controls subject to Comp My Play policies. These Terms apply to all Comp My Play Offers and Comps, and these Vouchers that memorialize the terms of the Offer or Comp, unless the Fine Print on a particular Voucher states otherwise, and except as otherwise required by law.
In the event of a conflict between these Terms and the Fine Print on a Comp or Voucher, the Fine Print will control, except to the extent prohibited by applicable law.
B. Additional Offer Terms
Some categories of Offers or Comps have special terms that vary from the general Offer or Comp terms stated in this Section. These special terms, if any, are always indicated or noted on the Offer, Comp, and/or Voucher. Sometimes the terms may/must be accessed via link. Any other varying terms for specific Offers will be set forth in the Fine Print noted on the Web and Mobile Comp My Play applications.
C. How it Works
Users are required to create an Account in order to accept any Offer or Comp so we can collect information to allow you to redeem your Offers or Comps and so we can provide you with easy access to your offers for purposes of printing them, or retrieving them on your mobile device for redemption. Comp My Play also uses your geographic location for the purposes of providing Offers or Comps to Users.
Comp My Play will utilize information obtained from Users to send Offers or Comps via the web or the mobile phone. A User can “turn on” push notifications or SMS message notifications in their Comp My Play mobile application. If a User provides his or her cell phone number to Comp My Play and opts in to receive text messages, message and data rates may apply with the User’s current cell phone carrier plan. Users may receive up to 15 messages per month from Comp My Play but can opt out at any time by changing the User’s profile or replying STOP, END or CANCEL to any text message.
In order to redeem and claim the Offer or Comp made via Comp My Play’s technology, it will be necessary for the User to accept the Offer or Comp, which will generate a Voucher. The User will be required to show the sponsoring Merchant the Voucher in printed form or on their mobile device to redeem the Offer or Comp.
The Comp My Play User is not making a purchase of any type in response to the receipt of an Offer or Comp notice from a local Merchant on the Comp My Play application. The transaction that occurs, if it occurs, is transacted directly with the sponsoring Merchant. Comp My Play charges the Merchant for use of its Services and technology.
By accepting a given Offer or Comp, you are agreeing to the terms, restrictions, and conditions associated with the Offer or Comp. Once an Offer or Comp is accepted and a Voucher is created, the Voucher for the Offer or Comp is ready to be redeemed subject to the terms and conditions of the Offer, Comp, and/or Voucher.
D. Offer/Comp Value and The “Fine Print”
In addition to the terms set forth herein, each Offer or Comp comes with its own set of restrictions, terms and conditions (collectively, the “Fine Print”). The Fine Print may restrict things such as when or where you can redeem a Voucher, as well as other Offer or Comp-specific limitations. Please read the fine print associated with any Offer, Comp, or Voucher. Merchants utilize the Comp My Play technology to be able to make offers that frequently have specific use limitations, i.e. a Comp My Play Merchant may want to extend special discounts on only Tuesday or Thursday afternoons in order to attract patrons at those specific times. Comp My Play desires to deliver an excellent user experience, and important marketing solutions that allow local Merchants to attract local customers. Comp My Play, as a best practices guideline, requires that Merchants carefully articulate any restrictions, conditions of use, and other terms in order to utilize the Comp My Play marketing solutions.
Please, before attempt to redeem an Offer, Comp, or Voucher, always read the terms and conditions provided by the Merchant carefully.
Most Offers, Comps, and Vouchers are time-sensitive and must be accepted and/or used by the expiration date indicated in the Offer, Comp, and/or Voucher subject to the Terms and Conditions of that specific Offer or Comp.
Unless otherwise stated on the Voucher or required by law, the following additional terms apply to all Vouchers:
Vouchers must be redeemed in their entirety in one visit to a Comp My Play Merchant.
Vouchers are not redeemable for cash at the Comp My Play Merchant.
Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant in accordance with all applicable law.
Vouchers cannot be combined with any other comps, coupons, or promotions.
Vouchers cannot be used for taxes, tips, or prior balances, as applicable.
Vouchers may have the option to be printed and presented to the Merchant for redemption.
If a Voucher is printed, that Voucher may be printed and used only once.
Duplicate use, sale, or trade of a Voucher is prohibited, and a Voucher so used will be cancelled, and its value forfeited.
Any attempt at duplicate use, sale or trade of a Voucher will subject you to cancellation of your Account.
Unless otherwise specifically stated in the Fine Print, the Voucher does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.
F. Expiration Dates
The Offer, Comp, or Voucher will always expire on the date indicated therein.
G. Merchant is the Issuer
The Merchant is the issuer of the Offer, Comp, and Voucher and is solely responsible for redeeming the Voucher. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers.
Unless otherwise indicated in an Offer, Comp, or Voucher, Comp My Play is solely the marketer of the Merchant’s goods or services, and may from time to time engage third parties or affiliates to administer Voucher management on behalf of Merchants.
You hereby irrevocably waive all rights related to, and release Comp My Play and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Comp or Voucher or the products and/or services it provides in connection with it.
7. Loyalty Cards
8. My Chips Loyalty Program
“Comp My Play My Chips Virtual Chips” (hereinafter Virtual Chips) are a form of Comp My Play currency that may be applied or redeemed as a credit or for other merchandise at Comp My Play’s discretion. Virtual Chips do not have a cash value and they are not refundable for cash, except where required by applicable law. You may not sell, trade, assign, gift, or exchange your Virtual Chips. Any negotiation of the use of your Virtual Chips apart from approved use is strictly prohibited.
Virtual Chips, when issued, are issued in country-specific currency. You can only use your Virtual Chips on Offers or Comps that accept the currency of the home account in which your Virtual Chips are issued. Your primary currency will be the currency of the country in which you created your Comp My Play account. Virtual Chips are restricted in their use and in their ability to be exchanged subject to the terms and conditions, and the fine print associated with any Offer or Comp on the Sites.
Virtual Chips are granted as a result of taking certain prescribed actions and are credited to your account subject to the terms of the grant process. Once Virtual Chips are redeemed, they are not subject to be credited regardless of whether the Offer, Comp, or Voucher is redeemed or used. Regardless of how the Virtual Chips have been credited to your Comp My Play account, each Virtual Chip awarded has the same value as another Virtual Chip.
Virtual Chips expire based on the terms of the particular promotion. Virtual Chips are not returnable or refundable for cash, except where required by law. Resale of Virtual Chips is strictly prohibited.
You may not sell or otherwise distribute access to your Virtual Chips to any other person or entity. Your Virtual Chips cannot be combined, co-mingled, or otherwise merged with Comp My Play Points and/or Virtual Chips in any other account whether registered to you or not. Unauthorized or fraudulent use, resale, acquisition or distribution of Virtual Chips is prohibited. We may cancel, revoke, or otherwise prevent the issuance of Virtual Chips if we suspect any unauthorized or fraudulent use and/or if we mistakenly credit your Account with Virtual Chips.
Comp My Play reserves the right to change, modify and/or discontinue the Comp My Play My Chips Program, in whole or in part, in its sole discretion, at any time and without notice.
9. Offer and Comp Availability
Some Offers and Comps are not available for redemption beyond certain geographical and jurisdictional boundaries. Comp My Play reserves the right, in its sole and absolute discretion, to exclude or otherwise limit the provision of an Offer, Comp, Voucher, the Sites, the Services or any other product or service.
Comp My Play does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
Some of the Comp My Play Offers and Comps are limited in number. Any attempt by you to obtain more than the permitted number of Vouchers specified for a particular Offer or Comp, including, without limitation, using multiple or different identities, forms, registrations, or addresses, will subject your Account to termination.
We determine, in our sole discretion if any activity by a User constitutes an attempt to violate our rules and terms of service.
10. Value and Discount Information
We display discounts on our Sites in connection with each Offer or Comp. These discounts are calculated based upon certain pricing information provided to us solely by Merchants, which may include the retail price suggested by the supplier or the Merchant, or an estimated price based on standard industry practice.
The pricing information on which we base the displayed discounts may vary, and any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.
11. Other Services
In addition to our great Offers and Comps, and the benefits provided through the Comp My Play services, we may from time to time offer some other products and services to our Comp My Play Users. We will set forth any terms specific to those products or services at the point of purchase or subscription under the exact same terms and conditions that apply to our Comp My Play Merchants.
12. Ownership of the Sites and Services
The Sites and/or Services (including past, present and future versions) and all content that is included in, on, or that is otherwise a part of the Sites and/or Services (collectively, the “Content”) are owned, controlled or licensed by Comp My Play, LLC, its subsidiaries or affiliates.
The entire contents of the Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Comp My Play owns a copyright in the selection, coordination, arrangement, and enhancement of the Content on the Sites and/or in the Services.
Trademarks and service marks, including, without limitation, “Comp My Play” which appears on the Sites and/or in the Services are the service and trademarks of Comp My Play or affiliated entities. Without Comp My Play’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent.
Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to Comp My Play or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Comp My Play, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.
14. Your Access to the Sites and Services
Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or Services. You are expressly prohibited from:
any resale or commercial use of the Sites, the Services, the Contents and/or any of the other contents or materials found thereon;
any collection and use of any product listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to Comp My Play or the Merchants featured hereunder or any commercial purpose, including marketing;
any downloading or copying of Site or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools;
deep-linking to any portion of the Site;
framing or utilizing framing techniques to enclose any portion of the Site without express written consent;
using the Sites and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
attempting to gain access to secured portions of the Sites and/or Services to which you do not possess access rights;
using the Site and/or Services to generate unsolicited email advertisements or spam; or
using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services.
Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms.
If you have been blacklisted or banned from any participating or partner casino for any reason whatsoever, you have no right to use the Comp My Play Sites or Services, including but not limited to any Offers, Comps, or Vouchers received therefrom. If you have been banned or blacklisted from any casino, Comp My Play has the right to and will immediately terminate your Account.
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of www.CompMyPlay.com so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter.
You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
15. Third-Party Links and Contents
Our Sites and/or Services, or communications you receive from our Sites and/or Services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Sites and/or Services.
We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that Comp My Play is in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.
16. Regarding any Information and Content Submitted by You
The Sites and Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”).
You agree not to post any User Content on any of the Sites and/or Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties.
You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content.
Comp My Play reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and/or Services are those of the respective author(s) or distributor(s) and not of Comp My Play .
If you do post User Content or submit material, and unless we indicate otherwise, you grant Comp My Play a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media.
You grant Comp My Play and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Comp My Play for all claims resulting from User Content you supply.
Comp My Play takes no responsibility and assumes no liability for any User Content posted by you or any third party.
17. Product Submissions
Comp My Play does not accept unsolicited submissions for business ideas, websites, articles or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of Comp My Play (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to Comp My Play through the Sites, by email, text message or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to Comp My Play the irrevocable right and license to the submission as if it were User Content as specifically set forth above.
18. Termination of Your Agreement with Comp My Play
If you want to terminate your legal Agreement with Comp My Play, you may do so by: (A) notifying Comp My Play at custom[email protected] or (B) closing your Accounts for all of the Services that you use.
Comp My Play may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) Comp My Play is required by law to do so; (iii) the partner with whom Comp My Play has offered the Services to you has terminated its relationship with Comp My Play or ceased to offer the Services to you; (iv) Comp My Play no longer provides Services in the country in which you reside; or (v) Comp My Play determines that the provision of Services to you is no longer commercially viable.
Notwithstanding anything contrary in these Terms, Comp My Play reserves the right to discontinue any product or service at any time and at its sole discretion.
Without limiting any of the foregoing, Comp My Play may immediately terminate or suspend any User IDs, Accounts, or passwords in the event of any conduct by you which Comp My Play, in its absolute and sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement.
In the event of termination, you agree to immediately cease access to our Sites and Services. These Terms will survive termination of this Agreement.
19. Exclusion of Warranties
WE PROVIDE THE SITES AND ALL SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Sites, Services, or any third-party products or services made available to you by us, unless specified in writing.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT COMP MY PLAY’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMP MY PLAY AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM COMP MY PLAY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A COMP MY PLAY REPRESENTATIVE SHALL CREATE A WARRANTY.
20. Limitations of Liability
SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMP MY PLAY, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE COMP MY PLAY FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.
21. Governing Law and Arbitration
Any controversy or claim arising out of, or relating to, these Terms and Conditions, or the breach thereof, shall be settled by binding arbitration in accordance with the commercial arbitration rules then in effect of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Louisiana. You and Comp My Play shall select an arbitrator from a list provided by the American Arbitration Association that is mutually satisfactory to them. If you and Comp My Play are unable to agree on an arbitrator, the two arbitrators so selected shall then select a third arbitrator mutually satisfactory to them from the list provided by the American Arbitration Association. The single arbitrator so selected by the aforesaid procedure shall hear the dispute and decide it. The award of the arbitrator shall be binding and final on all parties. Any and all legal, accounting and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
These Terms and Conditions shall be governed by and construed under and pursuant to the laws of the State of Louisiana applicable to contracts made and to be performed entirely within such State without regard to Louisiana’s conflicts of laws principles. Any and all litigation concerning any dispute arising under or in connection with these Terms and Conditions shall be filed and maintained only in a state or federal court located in Lafayette Parish, Louisiana and by accessing the Sites, the parties consent to the jurisdiction of the State of Louisiana.
22. Indemnity, Reservation of Right, Release
You agree to defend, indemnify and hold harmless Comp My Play and its members, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to Comp My Play; (ii) your violation of any term of these Terms and Conditions or this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third-party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Sites and/or Services.
Comp My Play reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers, or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Sites and from any claims related to the conduct of any other customers of ours or any Merchants.
23. Applicable Law
By using our Services, you agree to these Terms and Conditions and you further agree that any claim or dispute between you and Comp My Play that arises out of this Agreement shall be governed by the laws of Louisiana, without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act.
24. Copyright Notice-Digital Millennium Copyright Act
We respect the intellectual property of others, and we ask you to do the same.
If you are a copyright owner or an owner’s agent and find any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Contact information for Comp My Play’s Copyright Agent for notice of claims of copyright infringement is as follows:
Comp My Play
25. Entire Agreement, Changes to this Agreement, and Waivers
It is your sole responsibility to check the Sites from time to time to view any such changes to the Terms.
Your use of the Sites and/or Services after any modifications to the Terms will indicate that you accept and agree to the modified Agreement, provided that these changes will not apply to any Offers or Comps accepted prior to the effective date of such modification. These modifications will however be effective immediately for new users of our Sites and/or Services and for all Offers or Comps accepted after the effective date of the modification.
Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Comp My Play’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of a member of Comp My Play. No purported waiver or modification of this Agreement by Comp My Play via telephonic or email communications shall be valid.
26. General Terms
a. Independent Contractors: You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid.
b. Severability: Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
c. Claims within One Year: YOU AND COMP MY PLAY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO COMP MY PLAY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
d. Our Reliance on Your Representations: You represent that you are legally able to accept these Terms and Conditions. You affirm that you are either 21 years of age or that you have attained the legal age for gambling in the state where you are utilizing the Sites and/or Services, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Sites and/or Services immediately.
e. Agreement as to Language of Agreements and Communication between the Parties: The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.
27. Additional Terms
Below are additional terms applicable to your use of and access to the Sites and certain Services offered by Comp My Play or its third party partners or affiliates through Comp My Play:
If you or someone you know has a gambling problem, please contact the confidential National Problem Gambling Helpline at 1-800-522-4700 for help