Terms Of Use

1. Acceptance of Terms of Use

Please review the following terms and conditions carefully. This agreement (the "Terms of Use") is a legally binding contract ("Agreement") between you ("You" or "Your") and Treasure Island, LLC ("TI"), its business units, divisions, subsidiaries, and parent companies ("TI," "We," "Us," or "Our"). This Agreement governs Your use of any website, web page, or social media page operated by TI, including any site from which You access this Agreement (collectively, the "Sites").

Through the Sites, TI offers access to certain goods, such as merchandise, gifts and accessories (collectively, the "Goods"), as well as certain services, including, but not limited to, information regarding its resort and casino services, reservation services for hotel accommodations, restaurants, and entertainment programs, enrollment in membership programs, enrollment in VIP offers and privileges programs, casino players club registration, registration and use of certain computer desktop software applications that may be downloaded from the Sites ("Desktop Applications"), advertising and special promotional offerings, including for employment, sale of merchandise, online magazine services, online radio services, online resources and registration for vendors and travel agents, social media (e.g. Facebook, Twitter, Instagram, etc.), and online applications for co-branded credit cards (collectively, the "Services"). These Terms of Use govern Your access to the Sites, Your use of the Services, or any purchase of the Goods.

If You are a person younger than 18 years of age, You may not submit Personal Information (see the TI Privacy Policy for the definition of and more details on Personal Information) to the Sites or to Us in order to use the Services or purchase the Goods. You may only use Services and purchase Goods appropriate for Your age, and not otherwise restricted by law. You may only enter into contracts You are legally permitted to enter.

If You are a person younger than 21 years of age, You may not access or attempt to access password-restricted information and/or portions of the Sites or Services. You may only use Services and purchase Goods appropriate for Your age, and not otherwise restricted by law. You may only enter into contracts You are legally permitted to enter.

Pursuant to law, TI does not allow persons under the age of 21 to gamble or loiter in Our casino areas. Thus, if You are a person under the age of 21, You may not visit, gamble, or loiter at Our casino areas.

Without limiting, and consistent with the age limitations and requirements set forth in the preceding three paragraphs ("Age Requirements"), two types of users may access the Sites, use the Services, and/or purchase the Goods – "Visitor" and "Guest".

To become a Visitor of the Sites, You must read, agree with, and consent to be bound by all the terms and conditions set forth in these Terms of Use and the TI Privacy Policy. As a Visitor You may access the Sites and/or view information about the Goods and Services without uploading or downloading any information. You may NOT access any password-restricted information and/or portions of the Sites, submit any Personal Information to the Sites, access any Services provided through the Sites, or purchase any Goods offered on the Sites or through the Services.

To become a Guest of the Sites, Services, and/or Goods, You must comply with the Age Requirements and read, agree with, and consent to be bound by all the terms and conditions set forth in these Terms of Use and the TI Privacy Policy. By becoming a Guest, You expressly consent to be bound by these Terms of Use. You may become a Guest of the Sites, Services, and/or Goods, consistent with the Age Requirements, by using the Sites or Services, by purchasing the Goods, or by intending to enter into the password-restricted areas of the Sites. Without limiting the foregoing, our password-restricted Services are not available to temporarily or indefinitely suspended TI Guests or to persons under 21 years of age.

If You are not a registered casino players club Guest, You may access Our casino club website for informational purposes only and may not use the Services or purchase the Goods. If You are not a Guest of the social media websites, You may access the websites associated with the social media websites for informational purposes only and may not use the Services or download the software associated with the social media websites. If You are not a Guest of Our social media services, You may access the social media websites for informational purposes only and may not use the Services or download the software associated with the social media websites.

TI reserves the right to change these Terms of Use, Sites, and/or the Goods and Services from time to time at its sole discretion by posting such revised terms and conditions, Goods and Services on the Sites. Your use of the Sites following any such change constitutes Your agreement to follow and be bound by the modified terms and conditions of these Terms of Use, if any. The date of the most recent revision of these Terms of Use is located at the bottom of this document.

We may terminate this agreement at any time, in Our sole discretion, and without any notice to You. Any permission granted herein terminates automatically without further notice if You breach any of the terms of this Agreement. Upon such termination, You agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this site may violate domestic and/or international copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

BY ACCESSING THE SITES, THE GOODS, OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITES, GOODS, OR SERVICES IN ANY MANNER OR FOR ANY PURPOSE. DO NOT USE THE SITES OR SERVICES IN ANY MANNER INCONSISTENT WITH THE AGE REQUIREMENTS.

2. Passwords and Security

A Guest account is required to access certain portions of the Sites and/or Services and may be accessed and used only by those authorized individuals who are registered with TI. To open a user account, You must complete the registration process by providing TI with current, complete, and accurate information as prompted by the applicable registration form. In registering for the Services, You agree to submit accurate, current, and complete information about You and Your organization, if applicable, and promptly update such information, if applicable. Should TI suspect that such information is untrue, inaccurate, not current, or incomplete, TI has the right, but not the obligation, to suspend or terminate Your access to the Sites or use of the Services and/or seek updated information from You.

Upon Your initial log-in to the Services, You may be asked to choose a personal, non-transferable password; at that time, You may also be asked to provide confidential information of Your choosing (such as mother’s maiden name, pet’s name, city of birth, etc.) to be used by TI to confirm Your identity in the event You make a request for Your lost or forgotten password. Such personal information is not shared with third parties except as provided in the TI Privacy Policy and is subject to the terms of the then-current TI Privacy Policy or the Sites.

We may use cookies to identify users when they register on the Sites. However, because user verification on the Internet is difficult, TI cannot and does not confirm each user’s purported identity. See the
TI Privacy Policy for more information on Cookies.

You are solely responsible for any and all activities that occur under Your account and for ensuring that You exit or log-off from Your account at the end of each session of use. If You are conducting this session on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure You are sufficiently disconnected and logged off the Sites and the computer system You are using to prevent unauthorized access to Your account with TI.

You agree to notify TI immediately of any unauthorized use of Your password or account or any other breach of security that is known or suspected by You. Guest accounts cannot be "shared" or used by more than one individual, except among family members of legal age with permission by the primary account holder.

3. Restricted Rights

The materials on the Sites are provided with "Restricted Rights." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgement of TI's proprietary rights in them. No other governments are authorized to use the materials appearing on the Sites without prior written permission from TI.

4. Product and Promotional Pricing and Availability and Employment Availability Information

TI will not be responsible for typographical or other errors or omissions regarding prices or other information. All product sales and promotions are subject to these Terms of Use. Promotional offers and prices are for a limited time or as specified. Prices and promotions are subject to change without prior notice. Inventory and availability are subject to rapid change. In addition, employment opportunities on the Sites are subject to change without prior notice.

5. Your Conduct

You agree not to:

a. upload, transmit, post, email or otherwise make available to the Sites or the Services, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, antidiscrimination, or false advertising), harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, libelous and/or otherwise objectionable; (ii) infringes any third party's intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, cancelbots, easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment;

b. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Sites or via the Services or contained in a file that is uploaded to the Sites or the Services;

c. impersonate any person or entity, including, but not limited to, a TI official or falsely state or otherwise misrepresent Your affiliation with a person or entity;

d. attempt, through any means, to gain unauthorized access to the Sites or the Services, or another user's account on the Sites and/or the Services;

e. use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Sites and/or the Services without Our prior express written permission. Systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without Our prior written permission is prohibited;

f. take any action that imposes an unreasonable or disproportionately large load on the Sites’ and/or Services’ infrastructure;

g. create liability for TI or cause TI to lose (in whole or in part) the services of its information technology partners or other suppliers;

h. consummate any transaction that was initiated using the Services that, by paying to TI a fee or other consideration, would cause TI to violate any applicable law, statute, ordinance or regulation, or that violate these Terms of Use or the TI Privacy Policy; or

i. access, monitor, observe, or otherwise use any aspect of the Sites, Services, and/or Goods if You are not in compliance with the Age Requirements.

The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Sites or the Services is expressly prohibited.

6. Proprietary Rights Restrictions

a. All material on the Sites, including, without limitation, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the "Content"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by TI or other parties that have licensed their material to TI, and are protected by copyright, trademark, and other intellectual property laws. TI disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images, audio, and service marks displayed on the Sites are the property of either TI or other third parties; You agree not to display or use such property without TI's prior written permission.

b. The Content on the Sites may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of TI. Any modification of the Content, use of the Content on any web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior consent of TI, is a violation of the copyright, trademark, and other proprietary rights in the Content and is expressly prohibited.

c. If You have accessed the Sites, TI grants to You a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Services solely for Your own personal use. All rights not expressly granted herein by TI to You are reserved by TI and/or its licensors.

d. TI alone shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, remarks, innovations, graphics, materials, data, concepts, recommendations, comments, posting, or other information or communications provided by You relating to the Sites and/or the Services ("Submissions"), and You agree to and hereby assign such Submissions to TI free of charge. TI may use or not use such Submissions as it deems appropriate in its sole discretion. For any submissions that cannot be legally assigned to TI, You hereby grant TI an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Submissions for any and all commercial or non-commercial purposes, and You agree that TI is free to use any ideas, concepts, know-how or techniques that You send TI for any purpose whatsoever, with no compensation to You. You also hereby waive any "moral rights" associated with the Submissions.

e. TI respects intellectual property rights. If You have evidence that any Content infringes upon your copyright, please notify Us via email to TI-General@treasureisland.com. Your notice should include (a) the description of the copyrighted work that You claim has been infringed; (b) the URL where the alleged infringing Content is located; (c) Your full name, mailing address, telephone number, and email address; (d) a statement that You have a good faith belief the use of alleged infringing matterial on the Sites is not authorized; (e) Your physical or electronic signature; and (f) a statement that You are the copyright owner or an authorized agent of the copywright owner.

7. Links with Other Web Sites

The Sites contain links to third-party web sites as an accommodation to You. The Sites can also be accessed through links contained on third-party web sites. The third-party linked sites are not under the control of TI. TI does not endorse, adopt or undertake any responsibility for the content or privacy practices of any third-party site, including, but not limited to, information provided at third-party sites that may link the user to the TI Sites. If You have accessed the Sites through a third-party link, You are still bound by the terms and conditions of these Terms of Use. In no event shall TI be responsible for any content or other materials on or available on any third-party web sites.

8. Disclaimer of Warranties

A. YOU EXPRESSLY AGREE THAT USE OF THE SITES AND THE SERVICES IS AT YOUR SOLE RISK. THE SITES, THE SERVICES AND ANY CONTENT CONTAINED THEREIN OR DOWNLOADABLE THEREFROM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TI OR THROUGH THE SITES OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

B. TI MAKES NO WARRANTY THAT THE SERVICES OR ANY CONTENT PROVIDED THROUGH THE SITES OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, OR THAT THE SITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. IN THE EVENT THAT WEB SITE CONTENT IS INACCURATE, INCOMPLETE, OR OUT OF DATE, TI DOES NOT INTENTIONALLY MAKE MATERIAL MISREPRESENTATIONS NOR DOES TI INTENTIONALLY PROVIDE INCORRECT INFORMATION.

C. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICES OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

D. TI SHALL NOT BE 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 THE SITES, THROUGH THE SERVICES, OR ANY USE OF SAME BY YOU.

E. TI AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SITES, THE SERVICES, OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SERVICES 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.

9. Limitation of Liability

NEITHER TI NOR OUR SUBSIDIARIES OR OUR RESPECTIVE OFFICERS, DIRECTORS, STAKEHOLDERS, 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 SITES OR THE USE, ATTEMPTED USE OR INABILITY TO USE THE SITES, 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 US FROM YOU TO ACCESS THE SITES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to You.

10. Indemnification

You agree to indemnify, hold harmless and release TI and its respective employees, officers, directors, stakeholders, agents, licensors and their respective successors and assigns, from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use or misuse of the Sites, the Services and/or any content contained therein or provided thereby, including, but not limited to, information from third-party web sites linked to the Sites.

11. Local Laws and Export Controls

The Sites are operated from the United States and it is possible that software available at or through the Sites 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 Sites 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 Sites, 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 Sites 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 Our resort, casino, facilities, products, or services.

These Sites may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.

12. Changes to the Sites

TI reserves the right to modify, suspend or discontinue all or any portion of the Sites and/or the Services at any time, without notice. Unless stated otherwise, any new features to the current Sites or Services shall be subject to these Terms of Use. The Sites are currently accessible to users without charge; however, TI reserves the right to charge users for access to or use of any portion of the Sites or Services in the future. The date of the present version of the Terms of Use is listed at the bottom of the Terms of Use.

13. Failure to Abide by These Terms

TI may, in its sole discretion, remove Your information from the Sites, warn TI’s community of Your actions, issue a warning, suspend or terminate Your account and any current activities at the Sites immediately, without notice to You, and refuse to provide our Services to You if You breach these Terms of Use, or if We are unable to verify or authenticate any information that You provide to Us, or if we believe Your actions may cause financial loss or legal liability for You, TI’s other Guests or users, or Us. TI reserves the right, in its sole discretion, and for any reason, to refuse access to any user at any time to those portions of the Sites that require registration. You agree that TI shall not be liable to You or any third party for any termination of Your access to any Material, Content, the Services, and/or the Sites.

14. Dispute Resolution; Governing Law; Consent to Jurisdiction

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 hereunder 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 14 (with the exception of this sentence) shall not apply.

15. TI Privacy Policy

TI is dedicated to providing a safe and secure environment for consumers. Although TI is not a "financial institution" that is governed by the Privacy of Consumer Financial Information Rule of the Gramm-Leach-Bliley Act, TI is committed to respecting the privacy rights of each Guest and Visitor of the Sites and/or Services. For more information, please see our full TI Privacy Policy.

16. Miscellaneous

You and TI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

These Terms of Use constitute the entire Agreement between TI and You. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.

Accessing or using the Sites, Services, and/or Goods may require that You agree to additional terms associated with particular aspects of the Sites, Services, and/or Goods ("Additional Terms"). The Additional Terms and Terms of Use shall apply equally; however, if there is irreconcilable difference between the Additional Terms and Terms of Use, the Additional Terms shall apply.

Except as explicitly stated otherwise, any notices shall be given, if to TI, by postal mail to Treasure Island Hotel and Casino, Attn: General Counsel / Privacy Policy, 3300 Las Vegas Boulevard South, Las Vegas, Nevada 89109 or, if to You, using the email address You provide to TI during the registration process or by postal mail. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to TI during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT (OCILLA) AND THE DIGITAL MILLENIUM COPYRIGHT ACT (DMCA).

TI may at any time and for any reason in our sole descretion, modify or discountiue the Sites or terminate or restrict Your access to the Sites.

Last Revised: February 2017

© Treasure Island, LLC