KOBETRON IRIS END USER TERMS OF SERVICE v. 2.1
Thank you for subscribing to IRIS by Kobetron. Your subscription is provided by Kobetron, LLC, based on the following terms of service.
The below terms are effective as of November 1, 2023.
As used in these terms and conditions, “Kobetron” means Kobetron, LLC, a Delaware Limited Liability Company; and “You”, means you, the end user of IRIS by Kobetron and the undersigned Client that submitted a Subscription Order for these services.
BY COMPLETING THE IRIS BY
KOBETRON SUBSCRIPTION ORDER FORM AND CLICKING
THE “I AGREE” BUTTON, ACCESSING OR USING IRIS BY KOBETRON, YOU SUBMIT TO KOBETRON, AN OFFER TO OBTAIN THE RIGHT TO USE THE
IRIS BY KOBETRON PLATFORM FOR WEB BASED HOSTING SERVICES TO UPLOAD AND ACCESS
INFORMATION AND DATA RELATED TO COMPLIANCE WITH JURISDICTIONAL GAMING LAWS,
REGULATIONS, AND/OR STANDARDS UNDER THE PROVISIONS OF THESE TERMS AND
CONDITIONS (THE “SERVICES“).
BY CLICKING THE “I AGREE” BUTTON,
YOU HEREBY AGREE THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THE PERSON AND/OR ENTITY SUBSCRIBING TO IRIS BY
KOBETRON (COLLECTIVELY, THE “CLIENT LISTED ON THE IRIS BY KOBETRON SUBCRIPTION ORDER FORM AND/OR
INVOICE (EACH AN “ORDER DOCUMENT”). BY
CLICKING THE “I AGREE” BUTTON OR SIGNING BELOW, YOU FURTHER AGREE THAT YOU HAVE
OBTAINED REGULATORY APPROVAL FROM THE APPROPRIATE GAMING REGULATOR OR
AUTHORATATIVE BODY IN ANY JURISDICTION IN WHICH YOU INTEND TO USE THE DATA
UPLOADED TO IRIS BY KOBETRON. FOR TRIBAL CLIENTS, YOU AGREE THAT THE TRIBAL GAMING COMMISSION IN
YOUR JURISDICTION HAS AUTHORIZED YOUR USE OF IRIS BY KOBETRON.
THE TERMS OF YOUR
SUBCRIPTION ORDER FORM WILL SET FORTH THE SPECIFIC TERMS OF THE ORDER BUT ALL
APPLICABLE TERMS AND CONDITIONS BELOW SHALL APPLY TO YOUR USE OF IRIS BY
KOBETRON.
IF YOU DO NOT HAVE THE
AUTHORITY TO BIND THE CLIENT OR YOU OR THE CLIENT DO NOT AGREE TO ANY OF THE
TERMS BELOW OR YOU HAVE NOT OBTAINED APPROVAL FROM THE GAMING REGULATOR IN YOUR
JURISDICTION TO USE IRIS BY KOBETRON, KOBETRON IS UNWILLING TO PROVIDE THE
SERVICES, AND YOU SHOULD NOT CLICK TO ACCEPT THE TERMS OF THIS AGREEMENT.
Upon your acknowledgement of these terms and conditions, KOBETRON grants you a nontransferable, non-exclusive license to use IRIS by Kobetron to store, access, and view content and data related to compliance with jurisdictional gaming standards, regulations, and laws.
These terms and conditions, as modified from time to time, apply for the duration of your use of IRIS by Kobetron.
Occasionally KOBETRON may, in its discretion, make changes to these terms and conditions. If KOBETRON make changes to these terms and conditions, KOBETRON will electronically notify you of those changes through IRIS by Kobetron. By continuing to use IRIS by Kobetron after those changes are made, you expressly acknowledge your acceptance of the changes. If at any time, you need to reference these terms and conditions, a current version will be accessible to you on KOBETRON’s website located at IRIS by Kobetron.
(a)
IRIS BY KOBETRON, INCLUDING ANY SOURCE CODE THEREIN, AS IT MAY VARY FROM TIME TO TIME,
AS WELL AS THE IRIS BY
KOBETRON USER GUIDE ARE THE
SOLE AND EXCLUSIVE
PROPERTY OF KOBETRON. THEY ARE PROTECTED BY UNITED STATES INTELLECTUAL PROPERTY LAWS UNDER TITLE 17 OF THE UNITED
STATES CODE. NO REPRODUCTION OF IRIS BY KOBETRON, THE
IRIS BY KOBETRON USER GUIDE OR ANY COMPONENT THEREOF
IS PERMITTED WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT
OF KOBETRON.
(b)
KOBETRON DOES NOT CLAIM ANY OWNERSHIP OF THE CONTENT AND DATA YOU
UPLOAD INTO IRIS BY KOBETRON OR PROVIDE TO KOBETRON TO UPLOAD INTO IRIS BY
KOBETRON, INCLUDING ANY CONTENT OR DATA CONTAINED IN A SLOT FILE (“YOUR
DATA”). YOU UNDERSTAND THAT KOBETRON MAY NEED,
AND YOU HEREBY GRANT KOBETRON THE RIGHT TO ACCESS AND USE YOUR DATA TO PROVIDE
THE SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS AND PERFORM MAINTENANCE
AND TECHNICAL SUPPORT AS NECESSARY. YOU
FURTHER UNDERSTAND THAT ANY GAMING REGULATOR OR AUTHORITATIVE BODY THAT HAS
APPROVED YOUR USE OF IRIS BY KOBETRON MAY NEED, AND YOU HEREBY GRANT SUCH
GAMING AUTHORITY OR REGULATORY BODY THE RIGHT TO ACCESS YOUR DATA IN IRIS BY
KOBETRON. FOR TRIBAL CLIENTS, THE REGULATORY RIGHT TO ACCESS YOUR DATA HEREIN
WILL BE LIMITED ONLY TO THE TRIBAL GAMING COMMISSION IN YOUR JURISDICTION.
IRIS by Kobetron is a web-based hosting solution to store and access your content and data. Access requires a valid internet connection. Due to the nature of web-based solutions like IRIS by Kobetron, access may be temporarily unavailable during periods of downtime for systems and server maintenance or events beyond KOBETRON’s control. KOBETRON will notify you in advance of any scheduled maintenance affecting the ability to access your data.
(a)
Your data will be stored
on secure servers
that are backed
up remotely. You control who may
access your data. If you share your data in public areas or in shared areas available to others, then you
agree that anyone you have shared data with
may use that data. When you give
others access to your data on IRIS by Kobetron, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and
communicate that content to the public. If
you do not want others to have those rights, it is your responsibility to restrict access
to your data internally within
your organization.
(b)
IRIS by Kobetron is intended to communicate with servers to check for
available updates, including new content and data, and to identify bug fixes,
enhanced functions, missing plug-ins and new versions (collectively “Updates”). By using IRIS by Kobetron,
you agree to obtain updates
from KOBETRON’s website as notified prior
to use and maintain periodic
copies of all your data uploaded
to IRIS by Kobetron to prevent catastrophic loss. KOBETRON will not be liable for any loss of data beyond its control.
(c)
As
of October 1, 2022, US Mobile
Network Operators or wireless carriers no longer support using
application-to-person (A2P) SMS messaging over local, unregistered long codes.
For high-volume A2P SMS messaging, US carriers are required to use long
10-digit long codes (10DLC). Companies using a 10DLC in the United
States must register and create a 10DLC campaign before September 30, 2022. The
campaign registry process verifies the 10DLC use and attributes. 10DLC use
cases include multi-factor
authentication (MFA), account notifications, customer care, delivery
notifications, fraud alert messaging, higher education, marketing, polling and voting, public service announcement, security
alert, and demo accounts.
(d)
IRIS by Kobetron is subject to Section 6(c) of
this Agreement and offers an option to enable MFA. Message and
data rates may apply.
IRIS by Kobetron is subject to United States export controls. By using IRIS by Kobetron, you agree that you are solely responsible for complying with all United States export control regulations, including the Export Administration Regulations ("EAR"), and sanctions programs, including those administered by the United States Treasury Department's Office of Foreign Assets Controls ("OFAC"), and all other applicable international trade regulations. You agree that you will not use IRIS by Kobetron without all required approvals in any proscribed destination (including Cuba, Iran, North Korea, Sudan, and Syria), on behalf of any proscribed entity or person, for any proscribed end use, or in any other manner contrary to these export regulations and sanctions programs. By downloading or using the IRIS by Kobetron, you represent and warrant that you are not a proscribed end-user or utilizing IRIS by Kobetron for a proscribed end use under these regulations. This Section shall only apply to Tribal Clients to the extent a Tribal Client is subject to such export restrictions.
You agree to hold harmless and indemnify KOBETRON and its subsidiaries, affiliates, officers, agents, and employees from and against any claim, suit, action, liability or expense arising from or in any way related to your use of KobetronCloud or your failure to comply with these Terms and Conditions. In such a case, KOBETRON will provide you with written notice of such claim, suit or action.
IN THE EVENT
IRIS DOES NOT FUNCTION AS DESCRIBED OR INTENDED, KOBETRON AGREES TO USE ITS
REASONABLE BEST EFFORTS TO CURE ANY DEFECTS. HOWEVER, YOU EXPRESSLY UNDERSTAND
AND AGREES
THAT:
a)
YOUR USE OF IRIS BY KOBETRON IS AT YOUR SOLE RISK. IRIS BY KOBETRON IS PROVIDED ON AN "AS
IS" BASIS AND WITHOUT WARRANTY
OF ANY KIND. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, KOBETRON EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b)
KOBETRON AND ITS LICENSORS MAKES NO WARRANTY NOT OTHERWISE EXPRESSLY
CONTAINED HEREIN:
(i)
THAT IRIS BY KOBETRON WILL MEET YOUR REQUIREMENTS,
(ii)
THAT IRIS BY KOBETRON WILL BE ERROR-FREE OR BUG-FREE,
(iii)
REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, OR PERFORMANCE OF IRIS BY KOBETRON, AND
(iv)
THAT ANY ERRORS
ARE CAPABLE OF CORRECTION.
c)
ANY CONTENT, DATA OR MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF IRIS BY KOBETRON IS DONE AT YOUR OWN RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR
MATERIAL.
d)
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KOBETRON OR ANY THIRD
PARTY OR THROUGH
IRIS BY KOBETRON SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Neither Party WILL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KOBETRON
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
a)
YOUR USE OR THE INABILITY TO USE IRIS by Kobetron
OR ACCESS YOUR CONTENT OR DATA;
b)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; OR
c)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BEYOND
KOBETRON’S CONTROL.
THE FOREGOING LIMITATIONS
SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL
KOBETRON OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR SOURCE CODE AVAILABLE IN
CONJUNCTION WITH OR THROUGH IRIS BY KOBETRON
BE LIABLE TO YOU OR ANY
USER ON ACCOUNT OF THE CLIENT’S USE OR MISUSE
OF IRIS BY KOBETRON. SUCH LIMITATION OF LIABILITY SHALL APPLY
TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF KOBETRON WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL
APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF, INABILITY TO USE, OR
RELIANCE ON IRIS BY KOBETRON AND ALL THIRD PARTY
SOFTWARE OR CONTENT OR DATA MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH IRIS
BY KOBETRON, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ACCESS TO
IRIS BY KOBETRON.
NOTHING IN THIS
AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR
LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED
OR LIMITED. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
RIGHTS THAT VARY FROM STATE TO
STATE AND JURISDICTION TO JURISDICTION.
You agree that there shall be no third party beneficiaries to this Agreement.
a)
Choice of Law and Forum. These Terms and Conditions are governed by and
construed in accordance with the laws of the State of New Jersey, without
giving effect to the conflict of laws
provisions of New Jersey or Your actual
state or country
of residence. If for any reason a court
of competent jurisdiction finds any provision or portion of the Terms and
Conditions of this Agreement to be unenforceable, the remainder of these Terms
and Conditions will continue in full force and effect.
b)
Waiver and Severability. The failure of KOBETRON to exercise or enforce any right
or provision of these Terms and Conditions shall not constitute a waiver of
such right or provision. If any provision of these Terms
and Conditions are found by a court
of competent jurisdiction to be invalid, you
agree that the court should endeavor to give effect to the parties' intentions
as reflected in this provision
and the other
provisions of these Terms and Conditions and any applicable Purchase Order shall remain in full force and effect.
c)
Statute of Limitations. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or
related to use of IRIS by Kobetron or the Terms and
Conditions of this Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
d)
These Terms and Conditions and the IRIS by Kobetron Subscription Order
Form constitute the entire agreement between you and KOBETRON with respect to
the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject
matter. Any waiver of any provision of these Terms and Conditions will be
effective only if in writing and signed by KOBETRON.
IN WITNESS WHEREOF, You, intend to be legally bound by clicking below.