PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE BINGO SERVICE PORTAL. By downloading, installing, or using the BINGO Service Portal ("BSP"), you acknowledge that you have read and understand these Terms & Conditions ("Terms & Conditions") between you and the Texas Lottery Commission's BSP and that you agree to be bound by its terms and conditions.
We reserve the right to modify these Terms & Conditions at any time. Such modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, by posting a new Terms & Conditions on this page. These Terms & Conditions were last modified on June 27, 2018.
The Texas Lottery BSP Privacy Statement ("Privacy Statement") is a part of these Terms & Conditions and is incorporated herein by this reference
Subject to these Terms & Conditions, we grant you, for the period during which you are a Bingo applicant, licensee, or listed on its registry, a limited, royalty-free, fully paid-up, non-transferable, non-exclusive, revocable license to view and use the BSP, as an authorized user, to communicate information to us regarding your account (the "License"). The License does not allow you to use the BSP on any device that you do not own or control, and you may not distribute or make the BSP available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the BSP. You may not copy (except as expressly permitted, if at all, by these Terms & Conditions and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the BSP, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of our rights or the rights of our licensors. You may not use this BSP for any purpose that would be (a) contrary to our business interest, or (b) to our actual or potential economic disadvantage in any respect, including using the BSP to develop a competing application. We reserve all rights not specifically and expressly granted under the License.
The BSP is licensed, not sold. The License confers no title to or ownership in the BSP and should not be construed as a sale of any rights in or to the BSP. We may terminate, change, suspend, or discontinue any aspect of the BSP, including the availability of any features of the BSP, at any time and at our sole discretion.
Any unauthorized use of this BSP may terminate the license granted herein at our sole discretion. No person may use this BSP in violation of these Terms & Conditions to circumvent Bingo eligibility requirements under State or Federal law, including the administrative rules of the Texas Lottery.
All content posted to this BSP or the Texas Lottery website by users must conform to the Social Media Guidelines and Comment Statement to the maximum extent possible.
You agree to comply with all laws, rules, and regulations applicable to your use of the BSP. In addition, you represent and warrant that (i) you are not located in a country that is subject to an applicable government embargo, or that has been designated by an applicable government as a "terrorist supporting" country, and (ii) you are not listed on any applicable government list of prohibited or restricted parties.
All trademarks, service marks and other commercial symbols (collectively, the "Marks") used in connection with the BSP are the exclusive property of us, our affiliates, or our third-party licensors. These Terms & Conditions do not authorize you to use the Marks, and you agree not to use any of the Marks in any manner without the prior written consent of the appropriate party, which consent may be withheld in the sole discretion of the appropriate party. Unauthorized use of the Marks may be a violation of federal or state trademark laws.
The BSP is protected by copyright laws and international treaties. All materials contained in the BSP are the copyrighted property of us, our affiliates, or our third-party licensors. Except for your informational, personal, non-commercial use as authorized above, you may not use, modify, reproduce, distribute, transmit, republish, display, market, export, translate, transmit, merge, modify, transfer, adapt, loan, rent, lease, assign, share, sub-license, or otherwise make available to any third party the content, design, or layout of the BSP, or any components thereof, without our express written permission.
The BSP may contain links to websites or other applications published by other content providers. These other websites or applications are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, collection and use of your information, copyright compliance, legality, decency, or any other aspect of such websites or applications or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such website or application or the content displayed on or through it or any association with its operators, and we disclaim all liability with respect to such linked websites, including but not limited to your access to and/or use of the same.
When you provide information about yourself to us, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the BSP and refuse any and all current or future use of the BSP or any portion thereof.
Please be aware that the State of Texas has laws to ensure that the state government is open and transparent. The public has a right to access records and information possessed by the state. These laws apply to information collected by or for the Lottery. We collect and retain information as required by Texas Records Retention laws (Government Code, Section 441.180 et. seq.) and rules. Different types of information are required to be kept for different periods of time. The Texas Lottery is subject to the terms of the Texas Public Information Act, located in Texas Government Code, Chapter 552, which provides public access to certain government records. More information regarding open government laws can be found at: https://www.texasattorneygeneral.gov/og/open-government. For more information regarding the use of your personally identifiable information, please see the Texas Lottery BSP Privacy Statement.
The BSP may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the BSP. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your registration information, account, and/or password.
THE APPLICATION AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE APPLICATION AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE APPLICATION. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
In no event will the Texas Lottery be responsible for any damages, including and without limitation, direct, indirect, incidental, special, consequential, or exemplary damages or expenses arising from the erroneous entry or communication of information, whether by a user, a feature of the user's device, feature of the BSP, or us, including our affiliates, and/or respective employees, contractors, agents, officers, and directors. It is the user's sole responsibility to ensure that any information entered into or communicated by this BSP is accurate. If you find that any of the information in the BSP is inaccurate, you agree to contact us as soon as possible to update or correct the information at our email address or phone number listed below.
The BSP is not intended for use by persons under eighteen (18) years of age. Individuals under such age are strictly prohibited from using the BSP, submitting any personally identifiable information or using the offered services in any way.
You agree to defend, indemnify and hold harmless us, our affiliates, and our respective employees, contractors, agents, officers, and directors from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to your use of the BSP, your violation of these Terms & Conditions, or your violation of any third-party rights.
These Terms & Conditions shall be governed by the laws of the State of Texas without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of these Terms & Conditions and/or your use of the BSP must be resolved in the state or federal courts situated in the State of Texas, Travis County. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.
You acknowledge that any breach or threatened breach of these Terms & Conditions may result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.
If any provision of these Terms & Conditions is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render these Terms & Conditions unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
Any waiver by us of a breach of any provision of these Terms & Conditions shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms & Conditions. Any waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms & Conditions on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms & Conditions. These Terms & Conditions shall not constitute a waiver of any Sovereign Immunity on behalf of the Texas Lottery or the State of Texas, generally.
We reserve the right, in our sole discretion, to terminate your access to all or part of the BSP, with or without notice, for any reason or no reason, including without limitation your violation of these Terms & Conditions.
If you have any questions or concerns regarding the accessibility of this application, please send an email to email@example.com or review the Accessibility Statement of the Texas Lottery Commission at http://www.txlottery.org/export/sites/lottery/Misc/Accessibility.html.
If you have any questions about these Terms & Conditions, you can contact us at Phone: 1-800-246-4677 Email: Bingo.Services@lottery.state.tx.us
In addition, our mailing address is Texas Lottery Commission Charitable Bingo Operations Division P.O. Box 16630 Austin, Texas 78761-6630
These Terms & Conditions were last updated on June 27, 2018.