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Access to the Websites: Penn is providing you with the information and functionality in the Websites. You are responsible for providing all equipment necessary to establish a connection to the World Wide Web, access to the World Wide Web, and any telephone or other connection and service fees associated with such access.
Proprietary Rights; Limited License: You acknowledge and agree that the Websites and all of their respective materials, including, but not limited to, their software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright, trademark, patent or other proprietary rights, laws and other U.S. and international laws and treaties. All Materials are provided by Penn as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. Those portions of the Websites owned by Penn are the copyright of Penn. All rights not expressly granted are reserved by Penn. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Websites or any of their respective Materials without our prior written permission; (b) you may not access or use the Websites for any competitive or commercial purpose; (c) you may not create a hypertext link from any website controlled by you or otherwise, to any of the Websites without the express written permission of Penn; and (d) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Penn may revoke this limited license at any time for any or no reason.
Account and Password Security: Penn may allow Websites users to select a password and account designation upon completing a registration process for an online service provided through the Websites such as booking any of our hotels (the "Service"). You are responsible for maintaining the confidentiality of your password and account, you cannot transfer, assign or share your password or account with anyone, and you are fully responsible for all activities that occur under your password and account, including without limitation, any unauthorized use of your password or account. You agree to (i) immediately notify Penn of any unauthorized use of your password or account or any breach of security and (ii) ensure that you fully exit from your account at the end of each session. You further agree not to use anyone else’s password on the Websites or to attempt to gain access to anyone else’s account. Penn cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Use of Interactive Areas: The Websites may contain areas that allow for user interaction, including chat rooms, bulletin board services, forums, e-mail function or other message and communications features ("Interactive Areas,") to which you agree to post only messages or other information that are proper, lawful, and related to the particular Interactive Area. You are entirely responsible for all content that you upload, post, email or otherwise transmit via the Websites. In addition, but without limitation, you may not post content, including without limitation, any ideas, concepts, messages, information, know-how, text, photographs, images or techniques ("User Content") that:
Penn reserves the right (but not the obligation) to review, edit, or delete any User Content you post to the Websites and to terminate your access to the Websites or any Interactive Area at any time without notice for any reason whatsoever.Submissions to Interactive Areas: You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or User Content you post to an Interactive Area may be read by others. Penn recommends against posting or otherwise disseminating any personally identifiable information in any Interactive Area.Penn does not endorse or control the User Content, messages or information found in any Interactive Area and, therefore, Penn specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them. Interactive Area hosts, if any, are not necessarily employees or affiliates of Penn, and their views do not necessarily reflect those of Penn.
Submissions to Penn: While we enjoy hearing from our visitors and welcome your comments regarding our products and services, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. Please understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us). If, through participation in certain activities, you send any material (e.g., postings to chat, boards, or contests) or, despite our request, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
Use of User Content: Penn shall be free, but not obligated, to use any User Content you send to the Websites for any purpose whatsoever including, but not limited to, use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Content, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes or developing, manufacturing and marketing products using such information, all without any payment to or further authorization by you.
Limits on Liability; Penn will not be liable for:
Websites Content: It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Websites, including, without limitation, any third party press releases posted to the Websites from time to time. Penn does not endorse or represent the reliability, accuracy or quality of any information, press releases, goods, services or products displayed or advertised on the Websites (other than Penn products for which Penn has specifically provided in writing a warranty for such products). Penn also disclaims any duty or obligation to update such content and information. If there is information about companies other than ours in a press release or other information on the Websites, such information should not be relied upon as being provided or endorsed by us. We make no representations or warranties, express or implied, with respect to the information provided on this Websites, and disclaim all liability in connection with your reliance on any of the information or content provided through the Websites. A reference to a product or service on any of the Websites does not imply that such product or service is or will be available in your location. Cancellation policies and other information about specific room reservations and properties may vary by property and by the type of reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed at the end of the booking process section of the Websites.
No Arrangements for Prohibited Persons/Excluded Persons. You acknowledge that Penn is a United States company and operates licensed gaming establishments. As such, Penn is: (i) prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury and (ii) must exclude or eject any "excluded persons" that are listed on an applicable “exclusion list” such as the Nevada Gaming Commission's "exclusion list." You agree to use all reasonable efforts not to arrange for any of these prohibited persons or excluded persons to stay at, use or tour any Penn facilities or use any Penn services including the Websites.
Persons who have executed and submitted to Penn or to a state gaming commission or board, an appropriate request for voluntary self-exclusion from casino gambling in accord with applicable law and Penn voluntary self-exclusion thereunder ("Voluntary Self-Exclusion") may not use the Websites. Other limitations of self-excluded persons are contained in the Penn voluntary self-exclusion program materials applicable to your jurisdiction. Rescission of a Voluntary Self-Exclusion is governed by the applicable law and Penn’s applicable voluntary self-exclusion program materials. In accordance with the terms and conditions of the Voluntary Self-Exclusion, Penn is not liable for any access by or services provided to a self-excluded person’s accessing the Websites or creating an online account.
Promotions: Penn may make information regarding specific programs, offers or promotions, which we are conducting, available on the Websites. Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on the Websites in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the Websites in connection with each program, offer or promotion.
Investor Relations: The Investor Relations area in the pngaming.com website and the investor relations documents accessible and described therein are for informational purposes only. Such documents and any other information or content on the Websites are not an offer or a solicitation of an offer to buy or sell securities whatsoever. You shall be fully responsible for the final decisions regarding making investment. Some of the investor relations documents accessible in the Investor Relations area in the pngaming.com website such as press releases or SEC filings may contain certain "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995, as amended from time to time. Such forward-looking statements relate to, among other things, the operating performance of our investments and financing needs and prediction of certain future other events. Important risks and factors that could cause our actual results to differ materially for those express in any forward-looking statements include, but are not limited to, those set forth in the press releases, SEC filings, and other documents accessible on the pnkinc.com website which contain forward-looking statements. All forward-looking statements in any press release, SEC filings, or other investor relations documents accessible on the pnkinc.com website are made as of the date of such document, based upon information known to management as of the date thereof, and Penn assumes no obligations to update or revise any of its forward-looking statements even if experience or future changes show that indicated results or events will not be realized.
Links to Third Party Websites: Periodically links may be established from the Websites to one or more external websites or resources operated by third parties ("Third Party Websites"). These links are provided for your convenience only. Providing links to these Third Party Websites by us should not be interpreted as endorsement or approval by Penn of the organizations sponsoring these websites or their products or services. We are not involved in the actual transaction between you and such third party. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of any isting, or the ability of the third party to provide the goods or services offered. We cannot ensure that a third party will actually complete a transaction with you. Thus, we make no representations or warranties, express or implied, with respect to the information provided on any Third Party Websites, which may be accessed by a link from the Websites, including any representations or warranties as to accuracy or completeness, or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. Because Penn has no control over Third Party Websites and resources, you acknowledge and agree that Penn is not responsible for the information and contents of such Third Party Websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such Third Party Websites or resources. You further acknowledge and agree that Penn shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such Third Party Websites or resource, and you herby irrevocably waive any claim against us with respect to such Third Party Websites and third party content.
Trademarks and Other Proprietary Rights: You acknowledge and agree that content contained in the Websites or information presented to you through the Websites may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by Penn, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of the Websites, in whole or in part. You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Websites owned by Penn are the copyright of Penn. All rights reserved. Penn and its affiliated companies retain all rights regarding their trademarks, trade names, service marks, logos, services names, brand names and trade dress, including, without limitation, the Penn mark, Penn logo, and all Penn owned domain names. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Penn, and are protected by U.S. and international laws and treaties. All other trademarks are the property of their respective owners. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Websites. You agree not to display or use in any way the Penn trademarks without the express prior permission of Penn and your misuse of the trademarks displayed on the Websites is strictly prohibited. You are also advised that Penn will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
No Reproduction or Resale: You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Websites, use of the Websites, or access to the Websites.
General Acknowledgments: You acknowledge that Penn may establish general practices and limits concerning your use of the Websites. You agree that Penn has no responsibility or liability for the failure of the Websites and the deletion of other content maintained or transmitted by the Websites. Penn reserves the right at any time and from time to time to modify, change, suspend or discontinue, temporarily or permanently, the Websites (or any part thereof), including the availability of any features of this Websites, with or without notice. You agree that Penn shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Websites. You further acknowledge that Penn reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice. You acknowledge that the Websites may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing (including without limitation, mistaken hotel rates), or availability applicable to your transaction, and agree that Penn shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Penn reserves the right to make changes, corrections, cancellations and/or improvements to any information on the Websites, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
DISCLAIMER OF WARRANTIES; YOU EXPRESSLY UNDERSTAND AND AGREE THAT:YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND INFORMATION AND MATERIALS IN THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE WEBSITES AND INFORMATION AND MATERIALS IN THE WEBSITES, Penn EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Penn MAKES NO WARRANTY THAT (i) THE WEBSITES AND INFORMATION AND MATERIALS THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE WEBSITES OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE WEBSITES AND THEIR RESPECTIVE CONTENTS AND SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL Penn BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THE WEBSITES OR ANY THIRD PARTY WEBSITES OR OTHER HYPERLINKED WEBSITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Penn IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITES OR ANY CONTENT ON THE WEBSITES, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITES, THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR ENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Penn UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT YOU PAID Penn, IF ANY, TO ACCESS THE WEBSITES.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notice And Procedure For Copyright Infringement Claim: Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Penn reserves the right, but not the obligation, to terminate your right to use the Websites if Penn determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Penn accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, Penn has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of Penn to receive notification of claimed infringement is:
Penn respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Websites; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Waiver: Penn's failure to exercise or enforce any right or provision of the Terms of Us shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Penn in writing.