Terms & Conditions
End-User Agreement (“Agreement”) For Android® Devices
Last Updated: January 1, 2019
TERMS OF SERVICE
BY USING THIS BETMINGO MOBILE OR DESKTOP APPLICATION, INCLUDING THE SERVICE (AS DEFINED BELOW) EMBODIED IN THE MOBILE OR DESKTOP APPLICATION (COLLECTIVELY, THE “APPLICATION”), YOU (THE “USER”) ACCEPT THESE TERMS OF SERVICE (“TERMS”). THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE APPLICATION, BETWEEN USER AND XENNIAL CORPORATION, INCLUDING ITS SUBSIDIARIES, RELATED, AND AFFILIATED COMPANIES (INDIVIDUALLY OR COLLECTIVELY “BETMINGO”). BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST IMMEDIATELY UNINSTALL THE APPLICATION AND DISCONTINUE ITS USE. THESE TERMS ARE ALSO AVAILABLE ON THE BETMINGO WEBSITE (HTTPS://BETMINGO) AND IN THE APPLICATION’S ABOUT SECTION. CONTINUED USE OF THE APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.
Service
Betmingo is a mobile application that will help you search for current betting minimums and rules for popular casino table games in Las Vegas.
The Application provides real-time gambling information (available table games, betting minimums and game rules) at casinos for your favorite table games. Registered users (those that have enabled the GPS location setting) will receive real-time data about particular games at particular casinos to match their geographic location and preferences. Unregistered users will only be able to see general data and information.
Age Restriction
Only individuals twenty-one (21) years of age or older may use the Application. Only individuals that may legally enter and wager at casinos may use this Application.
Incorporation of Related Terms
These Terms incorporate and supplement our Privacy Policy.
Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.
End-User License
Subject to these Terms, Betmingo grants the User a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to use the Application for personal use only on an Android phone or tablet (“Android Device”) owned or controlled by the User in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the Application. If you sell or transfer ownership of your Android Device to a third party, you must remove the Application before doing so. You may not copy (except as expressly permitted by this Agreement), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of any open-sourced components included with the Application). If you breach any of these restrictions, you may be subject to prosecution and damages. This Agreement and User License also governs any updates or upgrades to, or supplements or replacements for, the Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
The User License is effective until terminated by you or Betmingo, with or without written notice. Your rights under the User License will terminate automatically without notice from Betmingo if you fail to comply with any Terms or terms of the User License. Upon termination of the User License, you shall cease all use of the Application and destroy all copies, full or partial, of the Application.
Using the Service
In order to access and/or use the full functionality of the Service, you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Service, and you will be responsible for maintaining the accuracy and completeness of such information.
User Information
Application features, such as feedback, account management, and interaction with social media sites, may use, maintain, or transmit the User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), GPS location information, and information for and from third-party e-mail and social-media accounts (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the Application, the User consents to the transmission of User Information to Betmingo, including its agents and third-party partners, and consents to Betmingo, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in one or more of the Privacy Policies identified in this Agreement.
The User is, however, solely responsible for the confidentiality and security of User Information sent from or stored on the Android Device by the Application. The User is also solely responsible for all transactions and activities undertaken by anyone or anything registered in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify Betmingo of any suspected unauthorized transactions associated with the Application or any other breach of security. Betmingo shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the Application. The User shall be solely responsible for taking precautionary steps to protect User Information stored on the Android Device, including without limitation password-protecting the Android Device and employing Google’s remote-wipe feature.
You agree that Betmingo, its service providers and/or others involved in creating or providing the Application may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. Betmingo, its service providers, and/or others involved in creating or providing the Application may use this information, as long as it is in a form that does not personally identify you, to improve the Application or to provide services or technologies to you.
Submissions
Betmingo does not claim ownership of the materials you provide to Betmingo (including feedback and suggestions) or post, upload, input or submit to Betmingo or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting Betmingo and our licensees permission to use your Submissions in connection with the operation of our business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.
No compensation will be paid with respect to the use of your Submissions, as provided herein. Betmingo is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in Betmingo’s sole discretion. By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Prohibited Uses
Use of the Application is limited to the contemplated functionality. User shall not (or shall not use the Application to):
1. harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
2. engage in any unlawful, fraudulent, or deceptive practices;
3. use technology or other means to access unauthorized content or non-public spaces;
4. use or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
5. attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
7. attempt to damage, disable, overburden, or impair Betmingo servers or networks;
8. attempt to gain unauthorized access to a Betmingo computer network;
9. attempt to gain unauthorized access to Betmingo user accounts;
10. encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
11. violate these Terms in any manner; or
12. fail to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
Betmingo reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application, that Betmingo reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Service Features; Third-Party Providers
Betmingo may from time to time engage certain affiliates or other third parties to provide all or part of the Service to you, and you hereby acknowledge and agree that such third party involvement is acceptable. You understand that Betmingo, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
Betmingo may from time to time include as part of the Service computer software supplied by third parties, which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. Betmingo expressly disclaims any warranty or other assurance to you regarding such third party software.
Third Party Links
Betmingo may contain links to other websites or applications (“Linked Sites”). The Linked Sites are not under the control of Betmingo and Betmingo is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Betmingo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Betmingo of the site or any association with its operators.
Accuracy of Representation
The information furnished by the User must be accurate, complete, and not misleading. The User agrees to not misrepresent in any way, whether material or not, any aspect of the User’s identity when using the Application.
Indemnification
The User agrees to indemnify and hold harmless Betmingo, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof, including gaming losses. Betmingo reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
No Warranties
BETMINGO IS PROVIDING THE APPLICATION, SERVICE AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, BETMINGO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
No Liability
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL BETMINGO OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THE APPLICATION (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER-GENERATED INFORMATION, STORED USER CONTENT, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. BETMINGO, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THE APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall Betmingo, its agents or anyone involved in creating or providing the Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by the User for use of the Application or $100, whichever is less.
Intellectual Property
Betmingo, the Betmingo logo, and other Betmingo trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Betmingo (collectively “Betmingo Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third-Party Marks”). The Betmingo Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Betmingo or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Betmingo or the owner of the Content.
International Users
The Service is controlled, operated and administered by Betmingo from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through Betmingo in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Choice of Law, Jurisdiction
These Terms are governed by the laws of the State of California, United States of America, without regard to California’s conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the state courts in Los Angeles County, California, United States of America and the federal courts in the United States District Court for the Central District of California, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.
Severability
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Betmingo to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
Modification of these Terms
Betmingo reserves the right to change or modify these Terms or any other Betmingo terms, conditions, or policies related to use of the Application (including those identified in this Agreement) at any time and at its sole discretion by posting revisions on the Betmingo website (https://betmingo.com) or within the Application. Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of Betmingo shall have any legal effect as a waiver by Betmingo of any Terms of this Agreement.
Third Party Beneficiary
The User agrees that Betmingo service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
Contact Us
If you have any questions regarding any aspect of this Agreement, please email us at terms@betmingo.com.