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Website Terms and Conditions

1. Introduction

By accessing or using this Website You agree to abide by and be bound by these terms and conditions as amended and updated from time to time (the “Terms”).

If You do not agree to these Terms then You should stop using this Website immediately and navigate away from this page.

These Terms are in addition to any other terms and conditions of use on this Website, including but not limited to any applicable promotional, competition, or loyalty / gaming card terms and conditions, Our Privacy Policy, and any other further appropriate terms from time to time (together “Additional Terms”) which shall also apply, as appropriate, between You and Us.
The following words shall have the following meanings in these Terms:

Definitions and Interpretation

“Content” means any and all Intellectual Property, subsisting on, uploaded to, or accessible from, or Website(s).

“Intellectual Property Rights” / “IPR” means patents, rights to inventions, copyright and related rights, trademarks, service marks, trade names, domain names, rights in get-up, goodwill and the right to sue for passing off and unfair competition, rights in designs, rights in computer software, database rights, and including all applications for and rights to be granted, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in future in any part of the world.

“We”, “Us”, or “Our” means Genting Solihull Limited a company incorporated in England and Wales (company number 06601106, VAT registration 948206214, whose registered office is located at Genting Club Star City, Watson Road, Birmingham, B7 5SA, trading as “Vortex Gaming” and “Pixel by Vortex”.

References to ‘‘We’, ‘Us’ or ‘Our’ in these Terms and conditions also include our group companies from time to time including: Genting Casinos UK Limited (incorporated in England and Wales, company number 01519689); Genting Berhad Sdn (registered on the Malaysia Bursa, Reg. No. 7916-A); Genting Hong Kong Limited (registered on the Hong Kong Stock Exchange, SEHK:0678); and their subsidiary companies, jointly controlled entities and associated companies.

“Website” means www.VortexBirmingham.com and any of Our other Websites accessed by You from time to time.

“You” or “Your” means the person accessing Our Website or its Content
These Terms include and incorporate Our Privacy Policy which can be read on the following link.

Privacy Policy

Personal information provided by You will be collected and processed as set out in the above Policy.
This Website is for Your personal and non-commercial use and general information purposes only. You therefore warrant and agree:

Restrictions on Use

not to use the Website for any purpose that is unlawful under any applicable law, or prohibited by these Terms; and

not to defame or disparage anybody who makes comments of an obscene, derogatory or offensive manner, or otherwise use the Website or its Content in a way that brings Us or any third party into disrepute or causes Us to be liable to any third party; and

not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party, or otherwise publish, deep-link, create derivative works from or exploit in any way the Website or its Content, except as permitted by Us under these Terms or as expressly provided under applicable law and/or under any Additional Terms; and

not to use the Website to distribute viruses, malware or other similar harmful software or code; and

not to represent or suggest that We endorse any business, product or service unless We have separately agreed to do so in writing; and

that You are solely responsible for all costs and expenses You may incur in relation to Your use of the Website and shall be solely responsible for keeping Your password and other account details confidential.

We reserve the right to prevent or suspend Your access to the Website, and/or your Vortex Gaming or Pixel by Vortex membership as the case may be if You do not comply with any part of these Terms, Additional Terms, or any applicable law.
All Intellectual Property Rights in the Website are owned and retained by Us and Our licensors. We reserve all Our Intellectual Property Rights in and to Our Websites and nothing in these Terms grants You any rights to the Website, whether express or implied, other than a limited and revocable right, such as is strictly required and to the minimum extent necessary, to enable You to access and view the Website only.

Ownership, Use and Intellectual Property Rights

You agree not to adjust or try to circumvent or delete any Intellectual Property notices contained on the Website.
“Vortex Gaming” and “Pixel by Vortex” as well as, “Genting”, “Resorts World”, “Resorts World Birmingham”, “Awana”, “Crockfords”, “Colony Club”, “Electric Circus”, “Farenheit Grill”, “Instant Baccarat Bonus”, “iGames”, “Lucky’s Sportsbar and Casino”, “Maxims Casino Club”, “Millionaire Poker”, “Mint Casino”, “One Ten”, “110”, “Cascades”, “Circus Casino”, “Park Lane Mews Hotel”, including associated logo’s and designs are Our trademarks and Our proprietary Intellectual Property.

Trademarks

Other trademarks and trade names may also be used on this Website. The use, adaption, or other misuse of any of such trademarks, other trademarks, or any other Content on the Website (whether owned by us or licensed from third party licensor, whichever) is and remains strictly prohibited. Nothing contained on this Website shall be construed as granting, by implication, course of dealing, estoppel or otherwise, any licence or right to use any trademark or trade name(s) without Our prior written consent.
Any redistribution or reproduction of part or all of the Content in any form is prohibited other than the following:

Copyright

You may print or download to a local hard disk, extracts strictly for Your personal and non-commercial use only;

You may copy the Content to individual third parties solely for their personal use, but only if You acknowledge the Website as the source of the Content;

You may not, except with Our express written permission, distribute or commercially exploit the Content. Nor may You transmit it or store it in any other Website or other form of electronic retrieval system.
While We use reasonable efforts to include accurate and up-to-date information on the Website, all Content is provided “as is” and We do not represent, warrant or agree (whether expressly or by implication) that any Content is or remains available, accurate, complete and up-to-date, free from bugs or viruses, free from error or omission, or fit or suitable for any purpose, including any purposes made known to Us.

Accuracy of Information and Availability of the Website

Any reliance You may place on the information on this Website is at Your own risk and cost and We may suspend or terminate any operation, part, or page of the Website at any time at Our sole discretion.

Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or Your statutory rights.
This Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for Your convenience only.

Hyperlinks and Third Party Websites

We have no control over third party websites and accept no responsibility for any content or material contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party website will be governed by the terms and conditions of that third party website.

You may not create a link to this Website from another website or document without Our prior written consent.
You agree that Your use of the Website is on an “as is” and “as available” basis. As stated above, except as otherwise expressly required by applicable law, We make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Website, including without limitation as to the Website’s completeness, accuracy and currency of any Content on the Website, or as to satisfactory quality or fitness for particular purpose.

Warranties and Limitation of Liability

To the maximum extent permitted by applicable law, We hereby exclude and shall not be liable to You for:

any indirect, consequential or special loss or damage, loss of profits, loss of enjoyment, even if the same is or was reasonably foreseeable;

any and all liability (whether arising in contract, tort (including negligence) or otherwise which We may otherwise have to You as a result of any error or inaccuracies in Content, the unavailability of the Website for whatsoever reason, and/or any representation or statement made on the Website.

Nothing within the foregoing shall act to exclude or limit Our liability where the same cannot be excluded as a matter of applicable law, including for death or personal injury arising from Our negligence.

We shall have no liability to You for any breach of these Terms caused by any event or circumstance beyond Our reasonable control including without limitation, telecoms, internet, network or hosting outage, strikes, lock-outs and other industrial disputes, breakdown of systems (whether Ours or Your own) or network access, flood, fire, explosion, accident or other supervening event.
No changes to these Terms by You are or will be valid or have any effect unless agreed by Us in writing. We reserve the right to vary these Terms from time to time with such variation effective upon upload of the Terms onto the Website with any continued use by You thereafter deemed as Your acceptance of any revised Terms. You acknowledge and agree that it is Your responsibility to check these Terms from time to time.

General

If any part of these Terms is unenforceable (including any provision in which We limit or exclude Our liability to You) the enforceability of any other part of these Terms will not be affected. If We choose not to enforce any right that We have against You at any time, then this does not prevent Us from later deciding to exercise or enforce that right.

Except for Our group companies, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.

These Terms (together with the Privacy Policy and any applicable Additional Terms) contain the entire understanding and agreement between Us and You in relation to Your use of the Website and supersede and replace any representation, statement, or other communication (whether written or otherwise) made by You or Us which is not contained herein. Save for fraud or fraudulent misrepresentation, We shall have no liability for any such representation being found or construed as untrue or misleading.

You may not assign, sub-licence, or otherwise transfer any of Your rights and obligations in these Terms to any person.

Your use of this Website and any dispute arising out of such Use of the Website, is subject to the laws of England and Wales and all and any disputes are and shall be subject to the exclusive jurisdiction on the courts of England and Wales.

Last Updated 16 June 2017

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