Terms of Use

Last Updated: January 7, 2019.

These Terms of Use (also referred to hereinafter as the “Agreement”) describe the terms and conditions applicable to the use of this Application Wild Ruby Racing Casino (“Wild Ruby”) and supporting services provided by Cashed Limited (“Cashed”) and our affiliated companies. This is a legal agreement, and it is important that you read and understand exactly what you are agreeing to by using this Application. By visiting or accessing the Wild Ruby Racing Casino Application (the “Application”), you represent and warrant that you are eighteen (18) years of age or older, can form legally binding contracts under applicable law, and agree to be bound by these Terms of Use and to all applicable laws, statutes and ordinances. The Wild Ruby Racing Casino application makes use of the Gaming Network (“b Spot”) for backend account, licensing and wagering services, please refer to section 2 for information regarding their privacy policy and terms of use. If you do not agree with these Terms of Use, do not use or access this Application and supporting Services. Further, you understand and agree that the Wild Ruby Racing Casino (as defined below) can only be used by natural persons who are twenty one (21) years of age or older. If you have any questions about this Agreement, you can reach us at support@cashedarcade.com.


1. ACCEPTANCE OF TERMS

THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT https://www.wildracingcasino.com/terms-of-use AND AS INCORPORATING THE CASHED PRIVACY POLICY (PUBLISHED AT https://www.wildrubycasino.com/privacy-policy) COMPRISE A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND CASHED. YOU MUST READ AND AGREE TO THESE TERMS OF USE IN ORDER TO MAKE USE OF THE APPLICATION AND THE SERVICES, FEATURES, CONTENT OR WIDGETS OFFERED BY CASHED (COLLECTIVELY WITH THE APPLICATION THE “SERVICE”). BY USING THE SERVICE IN ANY MANNER YOU AGREE TO BE BOUND BY THIS AGREEMENT. ADDITIONALLY, YOUR USE OF THIS SERVICE MUST COMPLY IN ALL RESPECTS WITH APPLICABLE INTERNATIONAL, FEDERAL, STATE AND LOCAL LAWS.

Some features offered through the Service may be subject to additional terms and conditions promulgated by Cashed from time to time; your use of such features is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. Cashed may notify you of any modifications to these Terms of Use in connection with your ability to use the Service or through other means as determined by Cashed in its discretion. Such modifications will be effective immediately, and will apply to disputes arising under the Terms of Use from the date of posting of the modified Terms of Use forward. Your continued use of the Application or the Service after a modification has been made to the Terms of Use constitutes your acceptance of such modification.

2. USE OF THE GAMING NETWORK LICENSES AND SERVICES

The Application makes use of the Gaming Network provided by b Spot. All user accounts, licensing, wagering and wallet services are provided by this backend service. Please review and understand that by using our application you agree their terms of use and privacy policy. These can be found by following the respective links below.

https://bspot.com/pages/terms_of_use

https://bspot.com/pages/privacy_policy

3. INTELLECTUAL PROPERTY

3.1 Cashed Content

  1. The Application and/or the Service made available via the Application contains, displays, and/or otherwise makes available certain software, illustrations, documentation, information, music, pictures, images, text, photographs, animations, three-dimensional models, videos, audio, content, and other digital material and assets (collectively the “Content”).

  2. All Content is protected by both United States law and New Zealand law as well as the laws of various international jurisdictions, including, but not limited to copyright law, trademark law, patent law, trade secret law and various governmental treaties. Cashed (or its’ applicable licensors) owns all right, title, and interest in and to the Content. You acknowledge and agree that, except for the express and limited license rights granted by Cashed to you hereunder, Cashed reserves any and all of its rights in and to the Content. Nothing herein is intended to transfer or assign to you any ownership or beneficial rights in and to the Content. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

3.2 Specific License and Restrictions

  1. Cashed hereby grants you a non-exclusive, non-transferable, limited right license to access, use and display the Service specifically for personal, non-commercial use only. This license is fully and completely revocable at any time by Cashed, with or without notice and for any or no reason. Cashed makes no warranty as to legality, suitability, or use of the Service and limited license granted herein and you acknowledge, agree, and otherwise consent that Cashed shall have no liability arising from or in connection with your use of the Service.

  2. By use of the Service you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Service in any way inconsistent with the rights of use provided by the license herein; (ii) remove or obscure any patent, copyright, trademark, or other proprietary rights notices relating to the intellectual property or other property of Cashed or its licensors; (iii) attempt to access source or object code of the Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) attempt to disable any digital rights management or copy protection aspects of the Service, not already specifically prohibited by existing laws; (vi) create code, software or other program that incorporates any elements of the Service; (vii) attempt to hack into, compromise or otherwise access the object or source code of the Service for any purposes, personal or commercial, without the express written permission of Cashed; or (viii) interrupt or attempt to interrupt the operation of the Service in any way. To the extent that you fail to comply with the prohibitions listed above, you agree, without any further compensation or remuneration to assign, give or otherwise transfer all concepts and ideas, and all materials, products, related modifications thereto and any independent intellectual property rights developed or prepared by or for you in connection with the Service including without limitation all text, images, music, audio, video and other information, website frames, and all HTML, Java, Flash, React, React Native or other code relating thereto, as the exclusive property of Cashed, and all right, title and interest thereto shall vest in Cashed and they shall be deemed to be a “work made for hire” and made in the course of services rendered hereunder. To the extent that title to any such works may not, by operation of law, vest in Cashed or such works may not be considered works made for hire, all right, title and interest therein are hereby irrevocably assigned by you to Cashed. All elements shall belong exclusively to Cashed with Cashed having the right to obtain and hold in its own name all copyright, patent, and trademark registrations, and such other protections as may be appropriate to the subject matter, and any applications, extensions, continuations and renewals thereof and all merchandising rights therein. Moreover, you agree to give Cashed and any person designated by it, any reasonable assistance required to perfect the rights defined in this section.

3.3 User Generated Content

The Application and/or the Service made available via the Application may allow you to upload, submit, or post photographs, pictures, videos, testimonials, digital files or assets, and similar content in connection with your use of the Service (collectively “User Generated Content”). You acknowledge and agree that you will not upload or otherwise transmit in or through the Service any User Generated Content that is subject to any third-party rights unless any and all holders of such rights have expressly authorized such activity. Cashed does not endorse and has no control over any User Generated Content submitted by a User. Cashed cannot guarantee the authenticity of any data which Users may provide about themselves.

To the extent you submit any User Generated Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) the following license rights with respect to the User Generated Content you upload or submit:

  1. a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, transferable, and non-exclusive right and license to Cased to use, reproduce, distribute, and make derivative works of any of your User Generated Content as Cashed may deem necessary or desirable for any purpose whatsoever, including without limitation the marketing, promotion, operation, enhancement, and/or monetization of the Service and without any obligation to secure your approval with respect to Cashed’s intended use of your User Generated Content;

  2. a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, transferable, and non-exclusive right and license to Cashed to use, reproduce, and distribute your name and/or likeness to the extent that your name and/or likeness are depicted or revealed in any of your User Generated Content in connection with Cashed’s marketing, promotion, or operation of the Service and without any obligation to secure your approval with respect to Cashed’s intended use of your name and/or likeness;

  3. the perpetual and irrevocable right to Cashed to delete any or all of your User Generated Content from the Service, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party; and

  4. a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to each User of the Service to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Generated Content solely for personal, non-commercial use.

3.4 Trademarks

The Application and/or the Service made available via the Application contains, displays, and/or otherwise depicts certain trademarks, service marks, logos, and/or other indicia of origin (collectively “Trademarks”) owned by Cashed or Cashed’s partners. You shall not and cannot use, reproduce, or otherwise exploit any Trademarks or any similar derivations of any Trademarks.

4. SERVICE TERMINATION, SUSPENSION AND CHANGES

CASHED RESERVES THE RIGHT TO TERMINATE, SUSPEND, OR CHANGE ANY ASPECT OR FEATURE OF THE SERVICE AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT CASHED SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, OR CHANGE. If a User moves to a state where wagering services are not available, Cashed will be required to alter the user’s access to the application and b Spot’s Service.

5. RULES OF CONDUCT

In addition to the restrictions set forth in Section 8 above and any other prohibitions or restrictions set forth in these Terms of Use, you agree that you will not:

  1. Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service pyramid schemes, chain letters, junk email, spam, or any duplicative or unsolicited messages, commercial or otherwise.

  2. Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by Cashed in its sole discretion.

  3. Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, hacks, exploits, cheats, bots, automation software, mods or any other unauthorized third-party software designed to modify the Service or any other files that contain malicious code or that may in any way damage or interfere with the operation of the Service, other Users’ access to the Service and/or other Users’ computers.

  4. Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.

  5. Collect in any manner information regarding any User, impersonate another User or create a false identity, including but not limited to identities falsely indicating that you are another User, a celebrity or other well known person, or a Cashed representative.

  6. Violate any applicable laws or regulations, or promote or encourage any illegal activity.

6. NEWSLETTERS

By providing your email address to Cashed, you understand that you may receive periodic information regarding current and future services offered by Cashed. You may unsubscribe at any time by following the directions contained in each electronic newsletter or set forth in the Cashed Privacy Policy.

7. JURISDICTIONAL ISSUES AND EXPORT CONTROL LAWS

The Application and Services are controlled and operated by Cashed from its offices within New Zealand. Cashed makes no representation that the Service is appropriate, legal or available for use in authorized, legal locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree not to use or otherwise export or re-export the Service except as authorized by United States law, New Zealand law and the laws of the jurisdiction in which the Service was obtained. Without limited the foregoing, the Service may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries (currently Cuba, Iran, Myanmar (Burma), North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or United Nations Sanctions list. By accessing and using the Service, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.

8. LINKS TO THIRD-PARTY SITES

The Service may link to third party sites (“Linked Sites”). These Linked Sites are not controlled by Cashed and Cashed is not responsible for the information on the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. Cashed provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Cashed of any Linked Site.

Certain information available through the Service, including but not limited to wagering and race information, may have been provided by independent third party information suppliers. Cashed is not responsible for the accuracy, currency or reliability of such information, and the inclusion of such information in the Service shall not be deemed an endorsement or recommendation of any third party or constitute any representation as to a third party’s qualifications, services, products, offerings, information or any other content. You acknowledge that under no circumstances will Cashed be liable for any loss or damage caused by your reliance on such third party information.

9. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

To the maximum extent allowed by law, neither Cashed nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “Cashed Parties”) warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through the Service. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. CASHED PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CASHED WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. CASHED ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF USE OF THE SERVICE, OR ANY OTHER LOSS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY CASHED, BY THIRD PARTIES, OR BY YOU OR OTHER USERS. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE CASHED PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT IN THE APPLICATION OR BY USE OF THE SERVICE OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CASHED IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL ANY LIABILITY OF THE CASHED PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO CASHED OR ITS DESIGNEES FOR THE APPLICABLE TRANSACTION GIVING RISE TO ANY SUCH LIABILITY OR \$500.00, WHICHEVER IS LOWER. IN NO CASE SHALL THE CASHED PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR INTERACTIONS WITH CASHED.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF CASHED AND THE CASHED PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

10. TERMINATION

These Terms of Use set forth herein continue to remain in full force and effect until such time as terminated by either party. Cashed reserves the right, in its sole discretion and without notice, to immediately terminate your access to any or all of the Service or any portion thereof, at any time without further notice or compensation. Likewise, you retain full discretion to discontinue use of the Service at any time, pursuant to the terms of these Terms of Use.

11. ASSIGNMENT

Cashed may assign these Terms of Use, in whole or in part, at any time. Notwithstanding the foregoing, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without Cashed’s express prior written consent.

12. INDEMNITY

You agree to defend, indemnify and hold harmless Cashed and the Cashed Parties from and against all claims, losses, costs and expenses (including without limitation court costs and attorneys fees) arising out of: (a) your use of, or activities in connection with the Service; (b) any violation of these Terms of Use by you or through your Account; or (c) any allegation that any Content that you make available via the Service infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. The foregoing indemnification obligation shall survive termination of the Terms of Use, the Application, and your Account.

13. DISPUTE RESOLUTION

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use. You and Cashed agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

You hereby specifically acknowledge, agree and consent that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to these Terms of Use or the Service will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. Cashed will send its notice to your billing address and email you a copy to the email address you have provided to us. You may send any notice to Cashed to the address listed below.

If the Dispute is not resolved through informal negotiations the Dispute (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Any arbitration shall be governed by the Commercial Arbitration Rules and Procedures of the Arbitrators and Mediators Institute of New Zealand Inc (“AMINZ”) then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AMINZ arbitrators. The determination of whether a Dispute is subject to arbitration shall be governed by the Arbitration Act 1996 and determined by an arbitrator rather than a court. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this DISPUTE RESOLUTION section.

The parties agree that any arbitration shall be limited to the Dispute between you and Cashed individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

14. JURISDICTION AND CHOICE OF LAW

To the extent not covered by the Dispute Resolution provisions above, any disputes between you and Cashed shall be subject to the exclusive jurisdiction and venue of the courts located in New Zealand, and shall be governed by, and will be construed under, the law of New Zealand, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that if you choose to access the Service from outside of the United States, other laws may apply and those laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.

15. SEVERABILITY

If any part of these Terms of Use are 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 these Terms of Use shall continue in effect.

16. COMPLETE AGREEMENT

These Terms of Use, including the Cashed Privacy Policy and any other documents expressly incorporated herein by reference, constitute the entire agreement between you and Cashed with respect to your interactions with Cashed and/or your use of or access to the Service. These Terms of Use supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Cashed with respect to its subject matter and you represent that you have not relied on any such communications in accepting these Terms of Use.

17. GENERAL PROVISIONS

Cashed’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Cashed’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service. Notwithstanding anything else in these Terms of Use, no default, delay or failure to perform on the part of Cashed shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Cashed. Moreover, no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. The parties hereby acknowledge and agree that Cashed would be irreparably damaged if these Terms of Use were not specifically enforced. Therefore, Cashed shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies as Cashed may otherwise have available to it under applicable laws.

Contact

You may contact Cashed at the following address:

Cashed Limited
78/100 Manchester Street
Christchurch 8013
New Zealand

Attention: General Counsel

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND AGREE THAT MY USE OF THE APPLICATION AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS OF USE.

If at any time you wish to obtain an additional copy of the above Terms of Use, please visit https://www.wildrubycasino.com/terms-of-use and again review or print the Terms of Use.