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MOBILE APP TERMS OF USE AND END USER LICENSE AGREEMENT

PLEASE READ THESE TERMS OF USE AND END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE MGM RESORTS INTERNATIONAL MOBILE APP (“APP”).  THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN MGM RESORTS INTERNATIONAL AND ANY AFFILIATED ENTITY THAT OFFERS THE APP (“WE”, “OURORUS”) AND ANYONE WHO ACCESSES OR USES THE APP (“YOUORYOUR”).  BY CLICKING “I AGREE”, CONNECTING THROUGH FACEBOOK OR EMAIL, OR OTHERWISE AGREEING TO THE TERMS OF THIS AGREEMENT, INCLUDING BY ACCESSING OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION.  AS USED IN THIS AGREEMENT, “INCLUDING” MEANS INCLUDING WITHOUT LIMITATION.

I UNDERSTAND THAT THIS AGREEMENT IS AVAILABLE FOR REVIEW AT ANY TIME BY CLICKING ON THE M LIFE TAB WITHIN THE APP (LOCATED AT THE BOTTOM OF THE SCREEN), AND NAVIGATING TO “MOBILE APP TERMS OF USE.” 

IMPORTANT:  THIS AGREEMENT INCLUDES A WAIVER OF CLASS ACTION RIGHTS.  ANY DISPUTES ARE SUBJECT TO BINDING ARBITRATION.  SEE SECTION 19 BELOW.   

1. Conditions for Use of the App

General. The App is offered subject to your acceptance without modification of this Agreement. By accessing or using the App, you agree to be bound by all of the terms and conditions of this Agreement as such terms and conditions may be modified by us from time to time in our sole discretion. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, THEN YOU MAY NOT ACCESS OR USE THE APP. Please check this Agreement periodically for changes. Your continued access or use of the App following any changes to the Agreement constitutes your acceptance of those changes.

Mobile Check-In/Out. By accessing or using the mobile check-in/out functionality of the App, you agree to be bound by all of the terms and conditions associated with mobile check-in (i.e., Mobile Check-In Terms and Conditions), which are available at the time that you complete your check-in.

Digital Key. By accessing or using the digital key functionality of the App, you agree to be bound by all of the terms and conditions associated with the digital key (i.e., the Digital Key Terms of Use), which are available by clicking on the M life tab within the App (located at the bottom of the screen), and navigating to “Digital Key Terms of Use.”

Reservations and/or Purchases. By accessing or using the room, show, restaurant, or other reservation and/or purchase features of the App, you agree to be bound by all of the terms and conditions associated with such reservations and/or purchases, which may be posted at the time you make such reservations and/or purchases.

2. Privacy

Any information you provide in connection with your use of the App will be collected, used and shared in accordance with this Agreement and our Privacy Policy, which is incorporated into and made a part of this Agreement. Our Privacy Policy is available by clicking on the M life tab within the App (located at the bottom of the screen), and navigating to “Privacy Policy.”

3. Age Restrictions

You must be 21 years of age or older and otherwise legally able to use the App under all applicable laws, rules, regulations, orders, decrees, and ordinances (“Laws”). You are solely responsible for complying with applicable Laws. If you are under 21, we ask that you not access or use (or attempt to access or use) the App. In addition, persons under the age of 21 are not permitted to gamble at our casinos.

4. License

We hereby grant you a limited, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable right to install and use the App for your personal purposes on one mobile device. Any commercial use is prohibited. The App is valuable intellectual property of MGM Resorts International and/or its affiliates or licensors. You obtain no rights to the App except to use it in accordance with this Agreement. You may not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, or translate the App or any component thereof; (b) sell, assign, sublicense, transfer, distribute, or lease the App or any component thereof; (c) use the App or any component thereof in any type of service provider environment or make the App available to any third party through a computer network or otherwise; (d) export the App or any component thereof to any country (whether by physical or electronic means); (e) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the App; or (f) use the App in a manner prohibited by applicable Laws or the terms of this Agreement (together “Prohibited Activities”). You will be solely liable for any damages, costs, expenses, losses, fines and penalties arising out of or in connection with the commission of any Prohibited Activities. You will notify us promptly upon becoming aware of the commission by any person of any Prohibited Activities and will provide us with reasonable assistance with any investigations we may conduct as a result.

5. Copyright and other Intellectual Property

The App, workflow processes, user interfaces, designs, know-how, and other content and materials available to you as part of the App, including trademarks, service marks, trade names and any other intellectual property rights, images, audio, videos, text, software and the “look and feel” of the App (collectively, “App Content”) are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use any App Content without our express written permission.

6. Copyright Infringement

Just as we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that any App Content infringes upon your copyright, please notify us at ip@mgmresorts.com. Your notice should include (a) a description of the copyrighted work that you claim has been infringed; (b) the screen where the allegedly infringing App Content is located; (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on the App 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 copyright owner.

7. App Connectivity and Updates 

You are responsible for providing, at your own expense, all necessary equipment, Internet connectivity, service plans etc. that are necessary to access and use the App. We do not guarantee that the App can be accessed in all places, on all devices, via Wi-Fi service available at our properties, or through all wireless service plans. You understand and agree that (a) your wireless service provider or other third party may charge fees for data transmission resulting from your access and use of the App, and (b) the App may automatically download and install updates and additional features that we may make available from time to time.

8. Location Access and Push Notifications

You may receive information concerning events, products, services, promotional offers, etc. through the App based upon the location of your mobile device. Such information may be provided in a variety of ways including through in-App content and push notifications. After downloading the App, you will be asked to accept or deny location access and push notifications except that, for users of the Android mobile operating system, you consent to receive push notifications by installing the App (i.e., push notifications are “on” in your settings), and you must opt-out through the App Info screen if you do not want push notifications. If you accept location access, you agree that we and/or our service providers may have access to your location through your mobile device and use this location for marketing purposes such as delivering information concerning events, products, services, promotional offers etc. that we believe will be of interest to you based in whole or in part on our knowledge of your location. We may also use location tracking access for non-marketing purposes such as improving the functionality of the App. If you deny location access, you may not be able to access or receive some information concerning events, products, services, promotional offers, etc. that are available through the App. If you accept push notifications (or do not opt-out of receiving push notifications, as applicable), we may send you notifications through the App that we think will be of interest to you, including push notifications based on our knowledge of your mobile device’s location. If you deny push notifications (or opt-out from receiving push notifications), you may not receive notice of information concerning certain events, products, services, promotional offers, etc. that are available through the App. We do not guarantee that your device will always be able to successfully use location services and receive push notifications. Note that users of both iOS and Android mobile operating systems can change Location Access and Push Notifications settings at any time on your device by visiting the appropriate settings screen. For additional information concerning how we use and share information collected through the App, please see our Privacy Policy.

9. Passwords and Security 

Some features of the App may be restricted to registered users and/or M life Rewards members. For example, only M life Rewards members whose government-issued photo identification has been verified in accordance with established procedures set forth in the Digital Key Terms of Use are permitted to use the digital key functionality of the App. When you register for access to restricted features of the App, you agree to submit accurate and complete information and to update such information as required from time to time. If we suspect that your information is untrue, inaccurate, out-of-date, or incomplete, we may suspend or terminate your access to the App and/or request additional information from you. When registering for access to restricted features of the App, you may be asked to select a personal, non-transferable password. You may also be asked to provide information that we will use to confirm your identity in the event you submit a request for a lost or forgotten username or password. You are solely responsible for all activities that occur under your password-protected account and for ensuring the protection of your account information. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Password-protected accounts may not be shared or used by more than one individual. You agree that we may send to you in electronic form (which may include email, text, and/or push notification) any notices or other communications regarding the App.

10. Submissions/Feedback 

We are pleased to hear from our customers and welcome feedback on the App. However, if you send us any ideas, suggestions, drawings, graphics, innovations, concepts, recommendations, or similar materials (“Submissions”) you agree that the Submissions are not confidential. You hereby assign such Submissions to us without compensation (or the expectation of compensation) and agree that we may disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you. For any Submissions that cannot be legally assigned to us, you hereby grant us an unrestricted, perpetual, royalty-free, irrevocable and worldwide license to reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you.

11. Prohibited Conduct 

You agree not to (a) upload, transmit, post, email, or otherwise make available through the App any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, or libelous; (ii) infringes any third party's intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the App or any software, hardware, source code or equipment associated with the App; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of the App or App Content; (c) impersonate any person or entity, including our employees or officers, or falsely state or otherwise misrepresent your affiliation with any person or entity; (d) attempt, through any means, to gain unauthorized access to the App or another person’s account or information on or through the App; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the App or any App Content without our prior express written permission; (f) install or run the App on any device which is rooted, jailbroken or whose operating system software, hardware (including interface, display, geolocation and networking components) or firmware has been tampered with in any way; (g) take any action that imposes an unreasonable or disproportionately large load on the App; (h) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; (i) take any action that would cause you or us to violate any applicable Laws or that would violate this Agreement.

12. Promotional Information 

We make information available through the App regarding certain programs, offers, or promotions (“Promotions”). All Promotions are subject to the specific terms, conditions, and restrictions disclosed in connection with such Promotions and are subject to being withdrawn or changed without prior notice. We are not responsible for any typographical or other errors or omissions regarding prices, availability, requirements, or other information in connection with Promotions.

13. Links to Third-Party Sites 

The App may contain links to websites or other electronic destinations (“Third-Party Sites”) that are not owned or operated by us. We do not have any control over Third-Party Sites and are not responsible for any information, functionality, or content accessed through Third-Party Sites. By linking to Third-Party Sites, we do not represent or imply that we endorse such Third-Party Sites. You are responsible for taking the necessary precautions to protect yourself and your mobile device or computer from viruses, worms, and other harmful or destructive content that may be accessible through Third-Party Sites. We disclaim any responsibility for any harm resulting from your use of Third-Party Sites.

14. Disclaimer  

YOU AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

WE MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER, COMPUTER NETWORK, OR DATA (INCLUDING LOSS OF DATA) THAT RESULTS FROM YOUR ACCESS OR USE OF THE APP. WE DO NOT WARRANT THAT THE APP IS FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR MOBILE DEVICE, COMPUTER, COMPUTER NETWORK, OR DATA.

WE ARE NOT 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 OR THROUGH THE APP.

WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE APP IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU ACCESS OR USE THE APP 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.

15. Limitation of Liability 

NEITHER WE NOR OUR AFFILIATES, OR ANY OF THE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) OF ALL SUCH ENTITIES SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE APP OR THE USE, ATTEMPTED USE OR INABILITY TO USE THE APP, 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 APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. Therefore, the exclusions set forth above may not apply to you.

I FURTHER UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED. SECTION 1542 READS AS FOLLOWS:

1542. CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO 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.

16. Indemnification 

You agree to indemnify, hold harmless, and release us, our affiliates, and each of our respective officers, directors, shareholders, members, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs, expenses, losses, fines and penalties including, but not limited to, reasonable attorney's fees, arising from or related to your access, use, attempted use, inability to use or misuse of the App or noncompliance with this Agreement.

17. Export Controls, Designated Persons and Prohibited Persons/Excluded Persons 

We control and operate the App from the United States and it is possible that software available at or through the App 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. Although it is envisioned that the App will be used primarily by persons who are residents of the United States, no software available on or through the App 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 the App, 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.

Although it is envisioned that the App will be used primarily by persons who are residents of the United States, no person shall use the App for making reservations or travel arrangements for (i) “designated persons” that are government officials or residents of certain embargoed countries; (ii) or terrorists or drug traffickers or other persons or entities whose names are published on the SDN List; or (iii) anyone on the Nevada Gaming Control Board’s Excluded Person List or List of Denials, Revocations & Findings of Unsuitability (or any other similar list of any state where our casinos are located, as applicable).

18. Responsible Gaming

We offer GameSense information (available at www.mgmresorts.com/gamesense) to our patrons to encourage responsible gaming. If you or someone you know has a gambling problem or concerns with gambling responsibly, please call the 24-hour Problem Gambler’s Helpline at 800.522.4700, or call 1.800.GAMBLER (in New Jersey and Maryland), 1.800.426.1234 (in Massachusetts) or 1.800.270.7117 (in Michigan). Or visit mdgamblinghelp.org (in MD) or gamesensema.com (in MA) for help. Please play responsibly. If you bet more that you can afford to lose, you’ve got a problem.

19. Arbitration

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.

20. Entire Agreement, Modification and Amendments

This Agreement is the entire agreement between you and us regarding the App. You understand and agree to be bound by the Agreement as it may be amended from time to time. We may amend the Agreement at any time, in our sole and complete discretion, either by (a) sending you an electronic notice (which may include email, text, and/or push notification) notifying you of the amendments, and/or (b) publishing the amended Agreement on the App or any place through which you access the App. Any amendment to the Agreement will take effect on the sooner of (x) the day you are notified electronically, or (y) the day of first publication on the App or any place through which you access the App. If any amendment is unacceptable to you, your only recourse is to terminate use of the App. Your continued access or use of the App following notification of any amendment(s) will be deemed binding acceptance of the Agreement as amended. It is your sole responsibility to review the Agreement and any amendments each time you use the App.

21. Miscellaneous

We reserve the right to suspend, terminate, restrict or modify your access to the App at any time, in our sole and complete discretion, without prior notice or liability. We may at any time and for any reason in our sole discretion, modify, suspend, or discontinue the App. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Agreement, which shall remain in full force and effect. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. You may be required to agree to additional terms and conditions to access particular sections or functions of the App. We reserve the right, in our sole discretion and without consent or notice, to transfer, assign, sublicense or pledge the App or this Agreement, in whole or in part, to any person or entity. You may not assign, sublicense or otherwise transfer in any manner any of your rights or obligations under the Agreement. The section headings used in the Agreement are for convenience only.

Effective March 11, 2018

© COPYRIGHT 2018 MGM Resorts International 

MGM Resorts International