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PLAYELDORADO TERMS OF USE

USAGE AGREEMENT

The PLAYELDORADO virtual casino desktop and mobile app are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and as may be modified by Eldorado Resorts, Inc. from time-to-time hereafter (the “Agreement”). Your use of PLAYELDORADO constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, PLAYELDORADO is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the PLAYELDORADO desktop or mobile app.

21 YEARS OF AGE OR OVER REQUIRED

If you are under 21 years of age, you may not access PLAYELDORADO and must immediately discontinue use. PLAYELDORADO restricts persons under 21 years of age to interact, purchase or play. Any offers PLAYELDORADO makes, or contests conducted, unless expressly noted otherwise, are not open to persons under 21 years of age.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of PLAYELDORADO, you will not use the desktop or mobile app for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use PLAYELDORADO in any manner which could damage, disable, overburden, or impair the platform or interfere with any other party 's use and enjoyment of PLAYELDORADO. You may not attempt to gain unauthorized access to PLAYELDORADO, other accounts, computer systems or networks connected to PLAYELDORADO, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the PLAYELDORADO desktop or mobile app.

Individuals located in the state of Washington are prohibited from using The PLAYELDORADO desktop or mobile app. By using the PLAYELDORADO desktop or mobile app you are confirming that you are doing so while not physically located in the state of Washington.

MODIFICATION OF TERMS OF USE

Eldorado Resorts Inc. reserves the right at any time to change the terms, conditions, and notices under which the PLAYELDORADO desktop and mobile app and its services are offered. You are responsible for regularly reviewing these terms and conditions and additional terms as may be posted from time-to-time hereafter. Your continued use of PLAYELDORADO constitutes your agreement to all such present and future terms, conditions, and notices.

COPYRIGHT AND TRADEMARK NOTICES

All contents of PLAYELDORADO are: Copyright (c) 2011 Eldorado Resorts Inc., 345 North Virginia Street, Reno, NV 89501. All rights not expressly granted herein are reserved.

LIABILITY DISCLAIMER

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH PLAYELDORADO MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE DESKTOP AND MOBILE APP AND TO THE INFORMATION THEREIN. ELDORADO RESORTS INC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN PLAYELDORADO AT ANY TIME AND WITHOUT PRIOR NOTICE. IN NO EVENT SHALL ELDORADO RESORTS INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF PLAYELDORADO, WITH THE DELAY OR INABILITY TO USE PLAYELDORADO OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH PLAYELDORADO, OR OTHERWISE ARISING OUT OF THE USE OF THE DESKTOP OR MOBILE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ELDORADO RESORTS INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF PLAYELDORADO, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLAYELDORADO DESKTOP OR MOBILE APP.

WARRANTY DISCLAIMER

ELDORADO RESORTS INC hereby disclaims all warranties express, implied or statutory including, without limitation, any warranty of merchantability or fitness for a particular use.

GENERAL

This Agreement is governed by the laws of the State of Nevada, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Washoe County, Nevada, U.S.A. in all disputes arising out of or relating to the use of PLAYELDORADO. Use of PLAYELDORADO is not authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ELDORADO RESORTS INC as a result of this Agreement or use of PLAYELDORADO. You agree to indemnify and hold ELDORADO RESORTS INC, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorney fees, asserted by any third party due to or arising out of your use of or conduct on PLAYELDORADO. ELDORADO RESORTS INC reserves the right to disclose any personal information about you or your use of PLAYELDORADO, including its contents, without your prior permission if ELDORADO RESORTS INC has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Eldorado Resorts, Inc. or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. ELDORADO RESORTS INC’S performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of ELDORADO RESORTS INC’S right to comply with governmental, court and law enforcement requests or requirements relating to your use of PLAYELDORADO or information provided to or gathered by ELDORADO RESORTS with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and ELDORADO RESORTS with respect to PLAYELDORADO and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user ELDORADO RESORTS INC with respect to the PLAYELDORADO DESKTOP OR MOBILE APP. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.