PLEASE READ CAREFULLY BEFORE USING THE APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE APPLICATION.
1. Acceptance of Terms
British Columbia Lottery Corporation ("BCLC") operates this mobile application, its contents, and the data and the services accessed through it, including any upgrades or updates to the foregoing provided by BCLC in its discretion, (the "Application"). By proceeding to use this Application, you confirm:
- you are either a Registered Player, having the meaning set out in the BCLC Playnow.com Player Agreement, or a Player, having the meaning set out in the Manitoba Liquor & Lotteries PlayNow.com Player Agreement (your applicable agreement being the "Player Agreement"),
- in addition to these Terms, your use of this Application is subject to the Player Agreement including without limitation applicable Rules and Promotion Conditions, as those term are defined in the Player Agreement,
- you have read, understood and accept to be legally bound by the Privacy Notice, the terms of which are incorporated by this reference and apply to your use of the Application, and
- you will comply with all applicable law, including all applicable export laws, and third party terms of agreement which may apply to you in connection with your use of the Application.
BCLC may modify these Terms at any time. Any changes BCLC may make to these Terms in the future will be posted on this Application. Your continued use of the Application will confirm your acceptance of the Terms in force at the time you use the Application. If any open-source software is included in the Application, the terms of an open-source license may override some of the provisions of these Terms. BCLC identifies open-source software by providing licensing information within the program file. BCLC may require you to reconfirm your acceptance of these Terms from time to time.
2. Ownership and License
BCLC is the owner or authorized user of all intellectual property rights in the Application (the "Intellectual Property"), including images, audio, content, and software. As between BCLC and you, the Intellectual Property remains the sole and exclusive property of BCLC. You will not, nor will you attempt to: a) remove, obscure, or alter any proprietary rights notice contained in or on any part of the Application; b) interfere with, manipulate or disrupt the operations of the Application or the systems connected to the Application; or interfere with, manipulate or disrupt the normal play of any Game, with Game having the meaning set out in the Player Agreement).
The Application is provided solely for Registered Players (in British Columbia) or Players (in Manitoba) to participate in Games. Subject to your compliance with these Terms, BCLC hereby grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download a copy of and use the Application on any Apple-branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) ("iOS Devices") that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You will be assumed to have obtained permission from the owners of the iOS Devices that are controlled, but not owned, by you to download a copy of the Application onto the iOS Devices. You and they may be charged by your and their service providers for internet access on the iOS Devices. You accept responsibility in accordance with these Terms for the use of the Application on or in relation to any iOS Device, whether or not it is owned by you.
You will not: (a) store, copy or otherwise reproduce the Application, in whole or in part, except as expressly set out in these Terms or incidental to normal use of the Application and for the purpose of back-up, (b) sublicense, distribute, transmit, publish or otherwise allow another person to access the Application, in whole or in part, (c) modify, adapt, translate, decompile, disassemble, reverse engineer, attempt to derive the source code of, or create derivative works of the Application, in whole or in part, or (d) remove, obscure, or alter any proprietary rights notice contained in or on any part of the Applications.
Nothing in these Terms grants you any right to use BCLC trademarks or logos without express permission from BCLC in writing. All rights not expressly granted to you in these Terms are reserved to BCLC.
3. Links to/from Third-Party Websites or Mobile Applications
The Application may contain links to websites or mobile applications maintained by third parties and, conversely, websites or mobile applications maintained by third parties may contain links to the Application. Such linked sites and mobile applications (each a "Linked Site") are not under the control of BCLC and BCLC is not responsible for the content of any Linked Sites or the practices associated with the Linked Sites. BCLC provides links to Linked Sites only as a convenience and the inclusion of a link does not imply endorsement of the Linked Site by BCLC.
4. Submission of User Content
All content, including feedback, information and other content, submitted by you to the Application or to BCLC ("User Content") is your responsibility.
You will not, in connection with your use of the Application:
- misrepresent your identity or affiliation;
- collect or store personal information about other users;
- propose, offer or advertise any goods or services unless authorized by BCLC;
- display or distribute surveys unless authorized by BCLC;
- display or distribute "spam", chain letters, or similar correspondence;
- submit User Content that is libelous, defamatory, harassing, offensive, or otherwise inappropriate;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
By submitting User Content, you confirm:
- the User Content does not contain any harmful programming code, such as viruses, backdoors, or disabling devices;
- you are the owner of the User Content, or have been granted all necessary third party rights and permissions to submit such User Content and grant BCLC the rights granted hereunder; and
- you grant BCLC an unrestricted, irrevocable, non-exclusive license, without any compensation to you, to use, store, copy or otherwise reproduce, transfer, sell, distribute, transmit, display, publish, modify, adapt, or create derivative works of any such User Content, in whole or in part, for any purpose whatsoever; you hereby waive, or confirm that the User Content owner has waived, all moral rights and equivalent rights in the User Content.
You acknowledge that:
- internet transmissions are never completely private or secure;
- Any user Content you submit may be read or intercepted by others; and
- BCLC does not control the user Content posted by others.
BCLC may refuse, edit, or remove any User Content, in whole or in part, from any portion of the Digital Properties but has no obligation to do so.
BCLC may restrict the permitted language of User Content.
THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS, OF TITLE, NON-INFRINGEMENT, FUNCTIONALITY, ACCURACY, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
In the event that the Application fails to conform to any applicable warranty (if any), you may return the Application to Apple Inc. and its subsidiaries ("Apple") for a full refund of your license fee (if any). To the maximum extent permitted by any applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (if any) will be BCLC's responsibility. In the event of any third party claim that the Application or your possession and use of that Application infringes that third party's intellectual property rights, BCLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Any such steps to address intellectual property infringement shall be taken in BCLC's sole discretion.
6. Limitation of Liability
You expressly acknowledge and agree that your use of the Application is at your own risk.
In no event will BCLC, its directors, officers, employees, contractors, agents, representatives or affiliates (together, the "Released Parties") be liable, whether in contract, tort, or otherwise, for any damages, losses or other amounts incurred by you of any kind whatsoever arising from or in connection with use of the Application or inability to use the Application. Without limiting the generality of the foregoing, the Released Parties will not be liable for: (a) modification of this Application; (b) temporary or permanent delay or unavailability of all or any portion of the Application; (c) out-of-date or inaccurate information contained in or transmitted through the Application; (d) any harmful programming code, such as viruses, backdoors, or disabling devices contained in or transmitted through the Application; or (e) direct, general, indirect, incidental, consequential, exemplary, punitive, special or any other losses or damages, even if BCLC should have been aware that such loss or damage could occur.
You will indemnify and hold harmless the Released Parties from and against all liabilities, losses, damages, penalties, fines, costs, fees and expenses (including of lawyers, accountants and other experts and professionals) suffered or incurred by any of them, directly or indirectly, arising from or in connection with your use of the Application, inability to use the Application, or breach of these Terms. For the purpose of enforcing this indemnity, you accept that BCLC may act as agent and trustee for the other Released Parties.
8. Changes to the Application
BCLC may modify, suspend or discontinue any portion of the Application at any time without notice.
BCLC and Apple have no obligation to provide maintenance or support for the Application.
9. Suspension and Termination
BCLC, in its discretion at any time and without notice, may restrict, suspend, or discontinue the Application, in whole or in part, and may terminate these Terms. If BCLC discontinues the Application or terminates these Terms, you will cease all use of and delete all copies, full or partial, of the Application.
You may terminate these Terms at any time by deleting the Application. If you dispose of your iOS Device or transfer it to someone else, you must delete the Application before doing so.
10. Apple Not Responsible for Application
These Terms are solely between you and BCLC. Apple has no responsibility for the Application, nor for any claims related to the Application. BCLC, and not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
If you wish to contact BCLC in writing about these Terms, or if any clause in these Terms requires you to give BCLC notice in writing, you can send this to BCLC by personal delivery, e-mail or registered mail (return receipt requested) by a reputable overnight delivery service addressed to:
Attention: Legal Services, 74 West Seymour Street, Kamloops, British Columbia, V2C 1E2, Canada; email: LegalServices@bclc.com.
If BCLC has to contact you or give you notice in writing, we will do so by electronic means (including by displaying on-screen or by a link or URL) or by e-mail or pre-paid post to any address you may have provided to us.
Apple is a third party beneficiary of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
BCLC's rights and remedies in these Terms are cumulative and not exclusive, and will not be deemed or construed to affect any right or remedy which BCLC is entitled at law, in equity or otherwise.
The failure of BCLC to enforce any provision of these Terms will in no way be construed to be a waiver of such provision, nor in any way affect BCLC's right to thereafter enforce any or all provisions.
These Terms will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles. You hereby attorn to the exclusive jurisdiction of the courts of the Province of British Columbia and all courts competent to hear appeals therefrom to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
You are not permitted to assign your rights or obligations under these Terms.
These Terms, in addition to the Player Agreement (which includes for clarity, applicable Rules and Promotion Conditions, as those terms are defined in the Player Agreement), govern your use of the Application, and supersede all prior understandings and agreements with respect thereto.
If any provision in these Terms is determined to be illegal or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms and the remaining provisions will remain in full force and effect.
The provisions of these Terms which expressly or by their nature extend beyond the termination of this agreement will survive any termination of this agreement including the provisions regarding ownership, disclaimers, limitation of liability and indemnity