WYNN RESORTS, LIMITED EMPLOYEE FOUNDATION
Acceptance of the Terms . Wynn is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site. You can review the most current version of the Terms at any time by visiting www.wynnemployeefoundation.com. We hope that you will find the information provided on the Site informative and useful.
Wynn has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
1. change or terminate all or any part of our Services;
2. restrict or terminate your access to all or any part of our Services; or
3. refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.
Access to the Site . Wynn is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. Wynn reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion.
User Obligations . In consideration of your use of the Services, you agree to be subject to certain obligations. For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if Wynn has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Wynn has the right to refuse any and all current or future use of the Site (or any portion thereof).
Account and Password Security . Wynn may allow Site users to select a password and account designation upon completing a registration process for an online service provided through the Site. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to: (i) notify Wynn immediately 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 Site. Wynn 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 Site may contain areas that allow for user interaction, including without limitation bulletin board services, comments, recommendations, reviews, photo submissions, chat areas, forums, or other message and communications features (“Interactive Areas”). You are entirely responsible for all content that you upload, post, email or otherwise transmit via the Site. You agree to post only messages, comments or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post content or engage in any other activity on the Site that:
· defames, threatens, abuses or otherwise violates the legal rights of others (including, but not limited to, libelous, tortious or otherwise harmful material);
- is false, fraudulent, misleading or deceptive;
- is harmful, embarrassing, abusive, harassing or hateful;
· is harmful to children, profane, obscene, vulgar, indecent or racially or ethnically offensive;
· victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification;
· contains explicit or graphic descriptions or accounts of sexual or violent acts;
· infringes another's intellectual property rights, proprietary rights, right of publicity, or privacy rights;
· you do not have the right to transmit under any law or under any contractual or fiduciary relationship;
- collects or stores personal information about other Site users;
· contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);
· contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
· contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another's computer, the Site, or any software, hardware or other related equipment;
· disrupts or otherwise interferes with the Site or the networks or servers used by Wynn or that is in contravention of any requirements, procedures, policies, or regulations of networks linked to the website;
· impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or
· constitutes illegal activity or conduct that could give rise to civil liability or encourages others to take part in criminal conduct or conduct that could give rise to civil liability.
Wynn reserves the right (but not the obligation) to review, edit, or delete any content you post to this Site and to terminate your access to the Site or to 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 content you post to an Interactive Area may be read by others. Wynn recommends that you avoid posting or otherwise disseminating any personally identifiable information in the Interactive Area.
Wynn does not endorse or control the content, messages or information found in any Interactive Area and, therefore, Wynn specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
You acknowledge and agree that Wynn may preserve any submissions to the Site and may also disclose submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any submission violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Wynn, the Site, its users and the public.
Limits on Liability . Wynn will not be liable for:
· the contents of any communication, message, or information posted by you or other third parties;
· the content of any website not controlled, owned, or operated by Wynn that is accessed from or linked to this Site;
· the content, services or information provided by any website purporting to be operated by Wynn or its affiliates, but not actually affiliated with, controlled, owned, or operated by Wynn;
· any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
· any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to, loss of profits, loss of data or loss of use damages, arising out of or relating to use of or inability to use the Site, even if Wynn has been advised of the possibility of such damages. Wynn will have no liability with respect to, or obligation to, restore or recover any mutilated or lost data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
. 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 Site. You acknowledge that you may not rely on any content on the Site. Wynn makes no representations or
warranties, express or implied, concerning the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on
the Site and provides the information on the Site for reference only.
All offers, invitations and other information provided through the Site are subject to change at any time. The information on the Site may contain inaccuracies and typographical errors. Wynn shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor programs or information affected by such inaccuracies. Wynn reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Site, and to the products and programs described on the Site, at any time without notice, including after confirmation of a transaction.
No Arrangements for Prohibited Persons/Excluded Persons . You acknowledge that Wynn is a United States company and is affiliated with a licensed Nevada gaming establishment. As such, Wynn 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 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 use any Wynn services including the Site.
Third Party Websites . Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by Wynn of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy, completeness or availability. Because Wynn has no control over third-party websites and resources, you acknowledge and agree that Wynn 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 sites or resources. You further acknowledge and agree that Wynn 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 site or resource.
Proprietary Rights . You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by Wynn or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, 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 Site owned by Wynn are the copyright of Wynn. All rights reserved. You agree that all of Wynn's trademarks, trade names, service marks, logos and service names are trademarks and are property of Wynn (the "Wynn Marks"). You agree not to display or use in any manner the Wynn Marks, without the express prior permission of Wynn.
No Reproduction or Resale . You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
Indemnification . You agree to indemnify, defend and hold Wynn, its directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity.
Enforcement . Wynn does not assume responsibility to you or others for any failure by Wynn to enforce the provisions contained in the Terms.
Termination . You agree that Wynn, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if Wynn believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Further, Wynn may in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Wynn may immediately bar any further access to the Site. Further, you agree that Wynn shall not be liable to you or any third party for any termination of your access to the Site.
DISCLAIMER OF WARRANTIES . YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, WYNN 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, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WYNN EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
2. WYNN MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WYNN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
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"), Wynn reserves the right, but not the obligation, to terminate your right to use the Site if Wynn 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. Wynn 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, Wynn has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of Wynn to receive notification of claimed infringement is:
Wynn Resorts, Limited
Attention: Legal Department
3131 Las Vegas Blvd. South
Las Vegas, NV 89109
Wynn 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
with 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 Site; (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.
Governing Law . You and Wynn agree that the Terms and the relationship between you and Wynn shall be governed by and construed in accordance with the laws of the State of Nevada without regard to its conflict of laws analysis. You and Wynn hereby irrevocably and unconditionally submit to the jurisdiction of courts located within Clark County, Nevada or the United States District Court for the District of Nevada for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court. You and Wynn irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Waiver . Wynn’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Wynn in writing.
Severability . If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Terms shall remain in full force and effect.
Time Limitation . You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Headings . The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.