Revised: December 19, 2022
1. Conditions for Use of the Site
The Site is offered subject to your acceptance without modification of this Agreement. By accessing
or using
the Site, you agree to be bound by all of the terms and conditions of the Agreement as such terms
and
conditions may be modified by us from time to time in our sole discretion. Furthermore, by using
this web
site, you represent that (i) you have the capacity to be bound by these terms and conditions and
(ii) if you
are acting on behalf of a company or other entity, you have the authority to bind such company or
entity. IF
YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, THEN YOU
MAY NOT
ACCESS OR USE THE SITE. Please check this Agreement periodically for changes. Your continued access
or use of
the Site following any changes to the Agreement constitutes your acceptance of those changes.
2. Age Restrictions
The Site is intended for persons who are 18 or older. If you are under 18, or not of legal age to
form a
binding agreement, you may not access or use the Site. If you are under 21, you may not access or
use portions
of the Site that are intended for persons who are 21 or older. For example, our Unity program and
gaming
content is intended for persons who are 21 or older.
3. Passwords and Security
Some areas of the Site may be restricted to registered users. When you register for access to
restricted areas
of the Site, you agree to submit accurate and complete information and to update such information as
required
from time to time. If we suspect that your information is untrue, inaccurate, out-of-date, or
incomplete, we
may suspend or terminate your access to the Site or request additional information from you. When
registering
for access to restricted areas of the Site, you may be asked to select a personal, non-transferable
password.
You may also be asked to provide information that we will use to confirm your identity in the event
you submit
a request for a lost or forgotten username or password. You are solely responsible for all
activities that
occur under your password-protected account and for ensuring the protection of your account
information. You
agree to notify us immediately of any unauthorized use of your password or account or any other
breach of
security that is known or suspected by you. Password-protected accounts may not be shared or used by
more than
one individual. You agree that we may send to you in electronic form any notices or other
communications
regarding this Site.
4. Copyright and other Intellectual PropertyM
All content and other materials available at the Site, including without limitation trademarks,
service marks,
trade names, images, audio, text, software and the "look and feel" of the Site, (collectively, "Site
Content")
are protected by copyright, trademark, and other intellectual property laws. You may not reproduce,
republish,
distribute, display, perform, transmit, sell, or otherwise use any Site Content without our express
written
permission. In this regard, users are prohibited from downloading, republication, retransmission,
reproduction
or other use of any image (and other similar content).
5. User Comments
We welcome your comments, but please note that by uploading, submitting or otherwise disclosing or
distributing content of any kind including but not limited to, comments, feedback, reviews,
photographs,
original art, notes, messages, ideas, suggestions, or other communications (collectively Comments)
at or
otherwise through the Website, you:
grant to Bullets.Media the perpetual, irrevocable, non-exclusive, royalty-free right to use,
reproduce,
display,
perform, adapt, modify, distribute, make derivative works of and otherwise exploit such Comments in
any form
and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein
without
restriction and without compensating you in any way;
represent and warrant to Bullets.Media that you own or otherwise control all rights to such Comments
and
that
disclosure and use of such Comments by Bullets.Media (including without limitation, publishing
content
at the
Website) will not infringe or violate the rights of any third party; and acknowledge that the
Comments may not
be treated confidentially.
FOR THIS REASON, WE ASK THAT YOU NOT SEND ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO Bullets
Media,
INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT
IDEAS,
COMPUTER CODE, PHOTOGRAPHS, OR ORIGINAL ARTWORK.
While we welcome such Comments from third parties but please note that Bullets.Media is not
responsible
for
screening, monitoring or verifying such content, including such content's accuracy, reliability or
compliance
with copyright or other laws. Any opinions, statements, or other materials made available by third
parties
through the Website as Comments are those of such third parties and not of Bullets.Media, and
Bullets.Media
does not
endorse any such opinions, statements, or materials.
6. User Content
By sharing photos, videos, information, text, messages, files, music, sounds, messages or other
content or
materials (“User Content”) on third party platforms and websites such as Instagram, Twitter,
Facebook, Olapic
(our third party photo sharing software provider) with a hash tag designated by Bullets.Media or
directly
uploading User Content to the Website (“Submissions”), you are agreeing to the following:
As between you and us, you own all User Content. You grant Bullets.Media a license to reproduce,
display, perform,
marketing purposes, including but not limited to marketing campaigns via any medium including but
not limited
to social media and print campaigns, customer communications, store materials and signage, social
media, and
any other form of marketing currently known and used or not yet known or developed. Bullets.Media
may
display
advertisements in connection with your User Content or on pages where your User Content may be
viewed by you
or others, and we may use your User Content to advertise and promote Bullets.Media or the Website.
Our
license to
your User Content is non-exclusive, meaning you may use the User Content for your own purposes or
let others
use your User Content for their purposes. Our license to your User Content is fully paid and royalty
free,
meaning we do not owe you anything else in connection with our use of your User Content. We may
exercise our
rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for
an
indefinite period of time.
You promise that: You own all rights to your User Content or, alternatively, that you have the right
to give
Bullets.Media the rights described above; you have paid and will pay in full any fees or other
payments
that may
be related to the use of your User Content; and your User Content does not infringe the intellectual
property
rights, privacy rights, publicity rights, or other legal rights of any third party.
Bullets.Media may refuse to accept or transmit User Content for any reason, as well as remove User
Content from
the Website for any reason. You may only make a Submission if you are 18 years of age or over. If
your
Submission is selected by Bullets.Media to be used, it may be displayed for other users to see,
together
with your
name and associated third party website profile information (such as your handle and profile
picture). Bullets
Media is under no obligation to display, feature or use any Submission, but may do so at its sole
discretion.
You further irrevocably waive any "moral rights" or other rights with respect to attribution of
authorship or
integrity of materials regarding any Submission that you may have under any applicable law or under
any legal
theory.
7. Prohibited Conduct
You agree not to (a) upload, transmit, post, email, or otherwise make available to the Site any
material in
any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening,
abusive,
harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, or libelous; (ii)
infringes
any third party's intellectual property or other proprietary right or rights of publicity or
privacy; or (iii)
contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or
programs
designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the
Site or
any computer software or hardware or equipment associated with the Site; (b) alter, remove, or
falsify any
attributions or other proprietary designations of origin or source of the Site or Site Content; (c)
impersonate any person or entity, including, but not limited to, our employees or officers, or
falsely state
or otherwise misrepresent your affiliation with any person or entity; (d) attempt, through any
means, to gain
unauthorized access to the Site or another person’s account or information on or through the Site;
(e) use any
robot, scraper, spider, or any other automatic device or manual process to monitor or copy the Site
or any
Site Content without our prior express written permission; (f) take any action that imposes an
unreasonable or
disproportionately large load on the Site; (g) take any action that creates liability for us or
causes us to
lose any of the services of our business partners, vendors or suppliers; or (h) take any action that
would
cause us to violate any applicable law, statute, ordinance or regulation, or that violates the
Agreement.
8. Promotional Information
We may from time to time make information available at the Site regarding certain programs, offers,
or
promotions ("Promotions"). All Promotions are subject to the specific terms, conditions, and
restrictions
disclosed in connection with such Promotions and are subject to being withdrawn or changed without
prior
notice. We are not responsible for any typographical or other errors or omissions regarding prices,
availability, or other information in connection with Promotions.
9. Right to Cancel/Errors/Omissions/Inaccuracies
The Site may contain technical inaccuracies, typographical (or other) errors, or omissions in
connection with
information displayed on the Site including, without limitation, rates, fees, or availability
applicable to
your transaction. We are not responsible for any such inaccuracies, errors, or omissions. We shall
have the
right not to honor reservations or information affected by such inaccuracies, errors, or omissions.
We reserve
the right to make changes, corrections, cancellations and/or improvements to reservations or
information
affected by such errors on the Site (and to the products and programs described in such
information), at any
time without notice, including after confirmation of a reservation.
10. Links to Other Websites
The Site may contain links to other websites that are not owned or operated by us. We do not have
any control
over third party websites and are not responsible for any information, functionality, or content
accessed
through such websites. By linking to third party websites, we do not represent or imply that we
endorse such
websites. You are responsible for taking the necessary precautions to protect yourself and your
computer from
viruses, worms, and other harmful or destructive content that may be accessible through such
websites. We
disclaim any responsibility for any harm resulting from your use of third party websites.
11. Disclaimer
YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE"
BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION,
ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR AT
OR THROUGH
THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR
TIMELY,
UNINTERRUPTED, SECURE, OR ERROR FREE.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA (INCLUDING
LOSS OF DATA)
THAT RESULTS FROM YOUR ACCESS OR USE OF THE SITE. WE DO NOT WARRANT THAT THE SITE IS FREE OF
DEFECTS, VIRUSES,
MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR COMPUTER,
COMPUTER
NETWORK, OR DATA.
WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR
INDIRECTLY,
BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT OR THROUGH THE SITE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL
GEOGRAPHIC
LOCATIONS. IF YOU ACCESS OR USE THE SITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY
RESPONSIBLE
FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, EXPORT AND IMPORT REGULATIONS
OF OTHER
COUNTRIES.
12. Limitation of Liability
NEITHER WE NOR OUR SUBSIDIARIES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
AGENTS, OR
REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT
(INCLUDING
NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES
RESULTING FROM THE SITE OR THE USE, ATTEMPTED USE OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT
LIMITED TO,
DAMAGES FOR LOST REVENUE, LOSS OF DATA, OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF WE HAVE BEEN
ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES,
REGARDLESS OF
THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY FROM YOU TO ACCESS THE
SITE. THE
FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some
jurisdictions do not allow the exclusion of implied warranties or limitation of liability for
incidental or
consequential damages. Therefore, the exclusions set forth above may not apply to you.
13. Indemnification
You agree to indemnify, hold harmless, and release us, our subsidiaries, and our respective
officers,
directors, shareholders, employees, agents, representatives (and their respective successors and
assigns) from
and against any and all claims, damages, costs and expenses, including, but not limited to,
reasonable
attorney's fees, arising from or related to your access, use, attempted use, inability to use or
misuse of the
Site or noncompliance with this Agreement.
14. Export Controls and Designated Persons
The Site is operated from the United States and it is possible that software available at or through
the Site
may be subject to United States export controls administered by the United States Commerce
Department or
sanctions programs administered by the United States Treasury Department. No software available at
or through
the Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or
resident of) any
country subject to a United States or United Nation embargo or sanction; (b) to anyone on the United
States
Treasury Department's list of Specially Designated Nationals and Blocked Persons ("SDN List"); (c)
to anyone
on the United States Commerce Department’s Denied Persons List or Entity List; or (d) to anyone
subject to the
same or similar restrictions as the foregoing. By downloading or using any software available at or
through
the Site, you represent and warrant that you are not located in, under the control of, or a national
or
resident of any such country or on any of the above lists or subject to such restrictions.
Travel agents and anyone else using the Site for making reservations or travel arrangements are
prohibited
from making travel arrangements for “designated persons” that are government officials or residents
of certain
embargoed countries, or terrorists or drug traffickers or other persons or entities whose names are
published
on the SDN List. You agree to use all reasonable efforts not to arrange for any such designated
persons to
stay at, use, or tour any of our resorts, casinos, facilities, products, or services.
15. Arbitration
Any dispute, claim, or controversy arising out of or relating to this Agreement, including the
determination
of the scope or applicability of this Agreement to arbitrate, shall be determined by individual
arbitration in
Clark County, Nevada before a single neutral arbitrator. The arbitration shall be administered by
JAMS
pursuant to its Comprehensive Arbitration Rules and Procedures. Any appeal shall be heard and
decided by a
panel of three neutral arbitrators. All arbitrators shall be retired judges or justices of any
Nevada state or
federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related
rulings
that are otherwise governed by the JAMS Comprehensive Arbitration Rules and Procedures), apply the
laws of the
State of Nevada without giving effect to any choice or conflict of law provision or rules that would
cause the
application of the laws of any jurisdiction other than the State of Nevada. The award of the
arbitrator(s)
shall be binding and final on all parties. The arbitrator(s) shall award to the prevailing party, if
any, the
costs and attorneys' fees reasonably incurred by the prevailing party in connection with the
arbitration. If
the arbitrator(s) determine a party to be the prevailing party under circumstances where the
prevailing party
won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing
party an
appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party
in
connection with the arbitration. Judgment on the award rendered may be entered in any court having
jurisdiction. The arbitrators may not award any punitive, incidental, indirect, special, or
consequential
damages, including, but not limited to, damages for lost profits.
Any dispute resolution proceeding arising out of or relating to this Agreement, including
arbitration, will be
conducted only on an individual basis and not in a class or representative action on behalf of
others. There
is no right for any dispute here under to be brought or heard as a class arbitration, class action,
or private
attorney general action or for the consolidation of arbitrations. Notwithstanding any other
provision in this
Agreement, and without waiving any party’s right to appeal, if this waiver of class action is held
invalid or
unenforceable, then the entire Arbitration clause in Section 15 (with the exception of this
sentence) shall
not apply.
COPYRIGHT POLICY/DMCA NOTICE
(A) Bullets.Media International (), Inc. and its affiliates (collectively “Bullets.Media” or
“we”)
respects the
intellectual property rights of others and expect users to do the same. In appropriate circumstances
and at
our sole discretion, we may remove or disable access to material on our Website that may be
infringing or the
subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States
Code,
Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported
to the
agent that we have designated to receive notifications of claims infringement (its “Designated
Agent”). Our
Designated Agent is:
The Mirage Casino Hotel Las Vegas, 3400 Las Vegas Blvd. South, Las Vegas, NV 89109
Attn: General Counsel
Email:
[email protected]
Phone: 954-585-5703
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe
that your
work's copyright has been infringed, please report your notice of infringement to us by providing
our
Designated Agent with a written notification of claimed infringement that includes the following
information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive
right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works
at a single online site are covered by a single notification, a representative list of such works at
that
site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of
infringing
activity and that is to be removed or access to which is to be disabled, and information reasonably
sufficient
to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone
number, and,
if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained
of is not
authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury,
that you
are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We
will
investigate notices of copyright infringement and take appropriate actions under the DMCA.
16. Miscellaneous
If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be
severed
from the remainder of the Agreement, which shall remain in full force and effect. No waiver of any
breach or
default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or
default. You
may be required to agree to additional terms and conditions to access particular sections or
functions of the
Site. We reserve the right, in our sole discretion and without consent or notice, to transfer,
assign,
sublicense or pledge the Site or this Agreement, in whole or in part, to any person or entity. You
may not
assign, sublicense or otherwise transfer in any manner any of your rights or obligations under the
Agreement.
The section headings used in the Agreement are for convenience only. We may at any time and for any
reason in
our sole discretion, modify or discontinue the Site or terminate or restrict your access to the
Site.