Explorer hereby grants You a non-exclusive, non-transferable, revocable license to install and use an object code copy of this application. Explorer also grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Services that are not part of the application. If the Services or any part thereof are determined to be illegal under the laws of the jurisdiction in which You are situated, You shall not be granted any license to use this application or any other part of the Services, and must refrain from using it. Jurisdictions in which the Services are currently prohibited include the People’s Republic of China (PRC).
Subject to your compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through your mobile device, web browser or other application provided by Explorer or its service providers and partners. You may not use the Services for any other purpose. This license is subject to certain limitations. You acknowledge that Explorer may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that You are using on Your mobile device, but that Explorer has no obligation to do so. You consent to such automatic upgrading on Your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and Explorer and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to Your use of the Application. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not:
(a) Cheat or use, develop or distribute automation software programs (""bots""), ""macro"" software programs or other ""cheat utility"" software program or applications which are designed to modify the game experience to the detriment of fair play;
(b) Disrupt, attempt to disrupt or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player's experience;
(c) Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' devices or computers;
(d) Exploit the Services or any of its parts for any commercial purpose;
(e) Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services; or
(f) Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services.
Your use of the Services is governed by certain rules (the ""Code of Conduct""), which are maintained and enforced by Explorer, and must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand and abide by this Code of Conduct. By accessing and using the Services, you agree that you will not:
(a) Publish, post, upload, transmit, distribute or disseminate Content (as defined below), that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity (including distributing another player's personal information if he or she has not made such information public on the host site (if applicable), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
(b) Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game;
(c) Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, ""spamming,"" or flooding (continuous posting repetitive text), are all prohibited;
(d) Exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;
(f) Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary rights of any party;
(g) Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose, unless the Services on which you are playing specifically allows such messages. Offers to buy or sell in-game items, if applicable or permitted by Explorer for any Services, must be limited to the appropriate forum or channel for such offers;
(h) Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or an Explorer representative) for the purpose of misleading others (including attempting to obtain password, account, or other information from a user);
(i) Use the Services (including bulletin boards and other communications services) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages); or
(j) Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties;
(k) Use the Services to facilitate Real Money Gambling;
(l) Use Virtual Currencies/Goods or Rewards Points in a manner that violates these Terms, including transferring or selling Virtual Currencies/Goods or Rewards Points or items purchased with Rewards Points, or fraudulently obtaining or acquiring Virtual Currencies/Goods or Rewards Points or other products or services;
(m) Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer Your account or any Virtual Currencies/Goods or Rewards Points, or items purchased with Rewards Points, associated with Your account to anyone without Explorer's written consent;
(n) Access or use an account or Virtual Currencies/Goods or Rewards Points that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original account creator without Explorer's permission;
(o) Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than Yourself or otherwise attempt to override or avoid any Reward Points or Rewards limits or restrictions established by Explorer and/or any Rewards Partner;
(p) Promote, encourage, or otherwise advocate the use of illegal drugs;
(q) Violate any applicable law or regulations.
These Terms are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the Code of Conduct or otherwise outside the spirit of the Services and to take such action as we see fit -- up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time.
Only ONE (1) game account associated with each natural person will be valid for Rewards. Additional game accounts associated with any natural person will not be valid for Rewards. Reward Points or Rewards obtained on these additional accounts are not eligible for use or redemption.
- You may be able to use the user account and/or user ID of the device or website on which the Services are made available as your user account for that particular Service. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form.
- YOU MUST BE 21 YEARS OF AGE OR OLDER TO USE THE SERVICES.
- You may also be asked to choose a password and a username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as solely determined by us), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms.
- You are responsible for maintaining the confidentiality of your account information (including usernames and passwords and billing information) and are responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorized use or theft of your account or any other breach of security. You are solely responsible for maintaining the confidentiality of Your account, and You will be responsible for all uses of Your account, including purchase, whether or not authorized by You. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by Explorer or another party due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in cancellation of your account without refund. You therefore acknowledge that Explorer may suspend Your access to or terminate Your use of the Service if someone else uses it to engage in any activity that violates these Terms.
In some cases, you can use a stored value (gift card), credit or debit card, PayPal, or other similar accounts (each referred to herein as ""Payment Information""), to pay for optional Services and/or upgrades. When you provide Payment Information to us (or our designated platform providers, licensees or subcontractors), you represent and warrant that you are the authorized user of the Payment Information that is used to pay such charges. You must promptly notify us of any changes to your Payment Information. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family members or friends.
We may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional Services and/or upgrades (such as in-game currency). Some of these websites may charge separate fees, which are not included in any fees that you may pay to Explorer. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from one of our Services and will not be liable for any claim relating thereto. The linked sites are not under the control of Explorer and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Explorer of these linked sites. You acknowledge sole responsibility for and assure all risks arising from Your use of any such websites or resources.
If You are a copyright owner or an agent thereof and believe Your work is the subject of copyright infringement on the Service, You may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA,” a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization) by providing notice to Explorer’s Designated Agent the following information:
(a) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(c) Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address;
(d) A statement that You have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Explorer’s Designated Agent for claims of copyright infringement can be reached as follows: by support ticket at: www.explorergamestudios.com/support or by mail at: Explorer Corporation Limited, Penthouse, 38/F, The Centrium, 60 Wyndham Street, Central District, Hong Kong Island, HK. You acknowledge that if You fail to comply with substantially all of the above requirements of this section Your DMCA notice may not be valid and we may not be able to remove infringing content. Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You acknowledge and agree that Explorer may update the Service with or without notifying You. Explorer may require that You accept updates to the Service and You may also need to update third party software from time to time in order to receive the Service. Explorer conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to Your Account, can be reported to Explorer when the problem is encountered HERE.
Content" means the software, communications, art, images, animations, sounds, and all the material and information perceived or made available from the Services, whether provided by Explorer or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Delivery Platforms, including any responses provided through user surveys. You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and virtual items or in-game currency acquired and developed as a result of game play, are the sole and exclusive property of Explorer and may be used by Explorer (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload or otherwise transmit on or through the Services Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party. If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to Explorer all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant to Explorer the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content. You are granted a limited revocable license to post your own character or any other Content that Explorer specifically gives you notice may be posted on other websites, on your own personal website or on a third party website or other places so long as the website or place where the link resides complies with all applicable laws, does not obtain any rights to such Content other than a non-exclusive license to post it at your direction, and does not in any way infringe the rights of a third party. Explorer representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. Explorer and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by ""flagging"" it or reporting it via the in-game support system. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services. You acknowledge and agree that Explorer may use built-in tracking features to obtain information regarding your use of the Game, and agree that such information is deemed to be Content for all purposes under these Terms.
The Services may include one or more virtual, in-game currency (“Virtual Currency” or “Virtual Currencies”) including, but not limited to coins, cash, chips, points, dollars or powerups, that may be purchased from Explorer for “real world” money if you are a legal adult in your country of residence. The Services may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Explorer for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Explorer or any other party.
Other than a limited, personal, revocable, non-transferable, and non-sublicenseable license to use the Virtual Goods or Virtual Currency granted by Explorer in the Services, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services.
Explorer has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Explorer shall have no liability to you or anyone else for the exercise of such rights. Any Virtual Currency and/or Virtual Good received, directly or indirectly, through glitches, bugs or errors in the Services, whether or not foreseeable or otherwise known, shall be forfeit.
The Virtual Currencies/Goods have no real world value and cannot be exchanged for anything of real world value. Explorer prohibits and does not recognize any purported transfers of Virtual Currencies/Goods effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by Explorer in writing. You may not sublicense, trade, sell or attempt to sell in-game Virtual Currencies/Goods for real money, or exchange Virtual Currencies/Goods for value of any kind outside of a game, without Explorer's written permission. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Services and possible legal action.
You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Explorer’s sole and absolute discretion, or if Explorer discontinues providing the Services or any particular game.
"City of Games the “Service,” via its partnerships with various Affiliated Program Partners, offers users the ability to earn real-world rewards.
In order to redeem rewards at one of the Service’s Affiliated Program Partners listed below You must have an active, valid Melco Resorts & Entertainment Limited Dream Rewards Club program (“Dream Rewards”) account and have been issued a Dream Rewards Players Club Card at a participating Melco Resorts & Entertainment Limited property.
Affiliate Program Partners (Melco Resorts & Entertainment Limited)
- Melco Resorts & Entertainment Limited’s City of Dreams Resort – Manila (Program Currently Suspended)
- Melco Resorts & Entertainment Limited’s City of Dreams – Macau
- Melco Resorts & Entertainment Limited’s Studio City
Rewards available on the Service can be redeemed at the below venues:
Dream Rewards Program Rules Apply
- Melco Resorts & Entertainment Limited’s City of Dreams Resort – Manila (Program Currently Suspended)
- Melco Resorts & Entertainment Limited’s City of Dreams – Macau
- Melco Resorts & Entertainment Limited’s Studio City
Other Rewards Program Rules May Apply: Lucky Dragon Casino -- Las Vegas, Nevada
City of Games the “Service,” via its City of Luxury portal, offers users the ability to earn real-world rewards that can be redeemed for physical products: e.g. jewelry, apparel, tech gear etc. Rewards earned/purchased via the City of Luxury portal do not require the user to be active or be part of any Affiliated Program Partners Rewards Club programs. Other conditions may apply.
You will have the opportunity to accumulate “Rewards Points” through Your use of the Service. Rewards Points are virtual in-game points that You can use to “purchase” Rewards within the Service. As with all Virtual Goods, You do not, in fact, own the Rewards Points You accumulate, and the amounts of any Rewards Points You accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Rewards Points, You are merely granted a limited license to use the software programs that manifest themselves as the Rewards Points. You acknowledge and agree that Explorer shall have no liability for loss of Rewards Points due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. Explorer may replace such lost Rewards Points at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. In the event, Explorer encounters issues with the game that impact the accumulation of Rewards Points and/or the redemption of Rewards, Explorer reserves the right to correct any such errors. If You participate in any of our Rewards Partners’ rewards programs (including but not limited to Dream Rewards), the Rewards Points You accumulate through Your use of the Service may be exchanged for items, services or experiences (each a “Reward”) offered by such Rewards Partners through those programs, subject to the specific rules and regulations of such programs then in effect.
You may accumulate Rewards Points by taking certain actions while using the Services. For example, You may earn Rewards Points by posting Your in-game achievements to your Facebook account, “liking” certain aspects of the Service, playing the games for a specified duration, or participating in certain in-game offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. Rewards Points are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any game You play during Your use of the Services. In certain jurisdictions, You may also receive Rewards Points when you spin the “Daily Bonus Wheel” in the Application. NO PURCHASE IS NECESSARY to spin the Daily Bonus Wheel. Notwithstanding any provision to the contrary herein, Explorer reserves the right, without prior notification, to place restrictions and/or disable Your accumulation of Rewards Points, and/or the mechanisms by which Rewards Points are accumulated.
You may exchange Your Rewards Points for Rewards in the Rewards area of the Service. In order to redeem a reward, You may be required to have an active, valid Rewards Partner loyalty program account and have been issued a
loyalty program card at a participating Rewards Partner property. The first time you exchange Your Rewards Points for Rewards, You will be asked to provide Your name and email address. The name you provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Rewards Points through his/her use of the Service.
Once You have exchanged Rewards Points for a Reward, You are said to have “purchased” that Reward. After purchasing Your Reward, You will have a limited period of time in which complete a redemption process by following a defined redemption method. Redeeming a Reward that has been “purchased” in the Service secures that Reward for your specific use at a particular time. When the redemption process is complete, You may then “use” the Reward. A Reward is considered “used” at the moment when it is consumed, e.g., when You check into a hotel room, eat a meal, or attend a show.
Rewards Partners may, at their discretion, place restrictions on the usage of the rewards they offer in the Service, e.g., expiration dates, a minimum age requirement, reward usage blackout dates, a limit as to the number and frequency of rewards that may be used within a specified period of time, and the requirement to participate in the Rewards Partner's own loyalty program, which may exist independently of the Service. Redemption of Rewards is subject to the terms and provisions of the Rewards Partners, providers or any regulatory agency, including any gaming regulatory agencies.
Because the Redemption Period, redemption method, and other terms of Rewards usage may vary, You must review the specific terms and conditions of each Reward You purchase with Your Rewards Points. Explorer is not responsible for the terms and conditions of the Rewards and bears no responsibility to You for any such unread, misread or misunderstood terms. The selection and availability of Rewards are subject to change without notice and Explorer makes no guarantees as to the availability of any Reward. For complete details and the terms, conditions and restrictions for any individual reward, please refer to the rewards detail found within the Rewards catalog within the Service.
Rewards Partners’ employees are not eligible to redeem Rewards.
Rewards Points have no cash value and are non-transferable. You may not sell, trade, barter, bequeath or in any way transfer any Reward Points to any other party. Any attempt to do so will invalidate the Reward Points and may result in the termination of Your account.
Please see addendum A for specific Terms regarding rewards redemption with the City of Luxury Program.
Generally, You may cancel, during the Redemption Period and for a full refund of the Rewards Points used to purchase it, up to five (5) Rewards that You have purchased but not yet redeemed during a thirty (30) day period. Once You have redeemed a Reward, either through the online reservation system available through the Service or otherwise, You may no longer cancel that Reward and You will not receive a refund of Your Rewards Points. On rare occasions, a Reward will sell out or otherwise become unavailable between the time You purchase it and the time You redeem it. If You are, within the Redemption Period, unable to redeem a purchased Reward because of such unavailability, You will be eligible to receive a full refund of the Rewards Points used to purchase that Reward. If You do not redeem or cancel a Reward during that Rewards Redemption Period, the Reward will expire. Your Rewards Points will not be refunded to You if You allow a purchased Reward to expire. Some Rewards are of such limited availability that our Rewards Partners may, in their sole discretion, deem them to be non-refundable. Non-refundable Rewards do not have a Redemption Period and therefore may not be canceled for a refund of Rewards Points after they are purchased. You are solely responsible for reading and understanding the refund terms and conditions of each Reward You purchase. Rewards are also subject to our Rewards Partners terms and conditions.
You must be 21 years of age or older and a member of Dream Rewards Club (free to join at http://www.cityofdreams.com.ph/dreamrewards) to redeem. You must present Dream Rewards Club membership card and valid photo ID
at time of redemption. The Dream Rewards enrollment process is run by Melco Resorts & Entertainment Limited and may require you to provide Melco Resorts & Entertainment Limited with information such as your name, email address, mailing address and phone number. If you choose not to enroll in Dream Rewards after purchasing a Melco Resorts & Entertainment Limited Reward, and you are still within the Redemption Period, you may cancel the Reward purchase and receive a full refund of your Rewards Points. Once You have redeemed a Melco Resorts & Entertainment Limited Reward by making a reservation with Melco Resorts & Entertainment Limited, Your ability to change that reservation will be at the sole discretion of Melco Resorts & Entertainment Limited. Any such changes will not result in a change to Your Rewards Points balance.
From time to time, other Rewards Partners may require You to enroll in separate rewards programs as a condition of redeeming certain Rewards. If you choose to participate in such programs, You hereby agree to comply with all applicable Reward Partner rules, policies, and terms and conditions. Once You have redeemed a Reward with any such Rewards Partner, Your ability to change that Reward may be at the sole discretion of that Rewards Partner. Any such changes will not result in a change to Your Rewards Points balance.
Rewards have no cash value and are non-transferable. You may not sell, trade, barter, bequeath or in any way transfer any Reward to any other party. Any attempt to do so will invalidate the Reward and may result in the termination of Your Account.
Please note that Apple Inc. is not involved in any way with the Rewards or any issues arising out of your experience with the Rewards or any Rewards Partner.
Reward Points expire if a player fails to return to the Service for a period of ninety (90) consecutive days.
Our Rewards Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any reward program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time,
with or without notice and for any or no reason. Any such changes may affect Your ability to use the Loyalty Points that You have accumulated through Your use of the Service to purchase or redeem Rewards from such Rewards Partners. You hereby agree that Explorer shall have no liability to You as a result of such action any Rewards Partner.
Melco Resorts & Entertainment Limited reserves the right to unilaterally change, amend, suspend, cancel, or terminate any aspect of the City Club program, its benefits, and/or its terms and conditions, in whole or in part, at any time, with or without notice for any or no reason. City Club members acknowledge and agree that City Club membership and its benefits, including but not limited to points, tier credits, and/or complimentary goods and/or services, are provided at the discretion of Melco Resorts & Entertainment Limited management and may be revoked, cancelled, or forfeited at any time at Melco Resorts & Entertainment Limited management’s discretion, with or without cause or notice. Any such changes may affect Your ability to use the Loyalty Points that You have accumulated through Your use of the Service. You hereby agree that Explorer shall have no liability to You as a result of any such action by Melco Resorts & Entertainment Limited. Melco Resorts & Entertainment Limited and City Club have registered trademarks of Melco Resorts & Entertainment Limited.
Your correspondence or business dealings with, or participation in promotions sponsored by, any third party providers of goods or services made available on or through the Service, including Your purchase of Facebook Credits, Your participation the rewards programs offered by any of our Rewards Partners, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party provider and solely at Your own risk. You hereby release Explorer (and its affiliates, officers, directors, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dealings or as the result of the presence of such third-party providers on the Service. If You are a United States of America, California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” If You are a resident of any other jurisdiction that requires a similar waiver for the foregoing release to be enforceable, You hereby waive any applicable statutes of that jurisdiction.
Explorer may terminate or suspend Your account (including, but not limited to, suspending Your ability to purchase, redeem or consume Rewards) and /or Your access to the Service (including, but not limited to, restricting Your ability to use the application) at any time without notice and without liability to You, including for breach of these Terms, or applicable terms and conditions of the rewards programs offered by our other Rewards Partners by You, for maintenance, repair or upgrading of the application or the Service, where there are technical difficulties or where it is not feasible to provide the Service or where Explorer has reason to believe termination or suspension is necessary for an emergency or to comply with a law or direction of a regulatory authority. Upon any such termination, Your access to the Service, including all Content and Virtual Currencies/Goods, will be disabled and You will lose any Rewards Points that You have accumulated. Explorer shall have the right, but not obligation, to store any Content subsequent to any such termination.
The following additional terms and conditions apply with respect to any application that Explorer provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”): You acknowledge that these Terms are between you and Explorer only, and not with Apple, Inc. (“Apple”). Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service. Explorer, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty. You agree that Explorer, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App. You agree that Explorer, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App). You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof. The following additional terms and conditions apply with respect to any application that Explorer provides to you designed for use on an Android-powered mobile device (an “Android App”): You acknowledge that these Terms are between you and Explorer only, and not with Google, Inc. (“Google”). Your use of the Android App must comply with Google’s then-current Google Play Terms of Service. Explorer, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE DISCLAIMERS OF THIS SECTION MAY NOT APPLY TO YOU.
The Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. WITHOUT LIMITING THE FOREGOING, EXPLORER, OUR REWARDS PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “EXPLORER PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Services is at your own risk. We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, game play, items or characters, resulting from delays, non-deliveries, errors, the correction of errors, system down time, mis-deliveries or service interruptions caused by us, our partners, or by your or by any other user's errors and/or omissions. EXPLORER PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.
This Dispute Resolution and Arbitration provision (this "Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between You and Explorer. Arbitration is a form of private dispute resolution in which
persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial (where applicable to Your jurisdiction), and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.
NOTWITHSTANDING ANYTHING IN THIS PROVISION, IN SOME COUNTRIES, EXPLORER MAY NOT INITIATE ARBITRATION PROCEEDINGS FOR A DISPUTE BETWEEN YOU AND EXPLORER UNLESS YOU CONSENT IN WRITING AFTER A DISPUTE HAS ARISEN. IN THESE COUNTRIES, EXPLORER WILL ONLY INITIATE ARBITRATION PROCEEDINGS WHERE YOU HAVE SO CONSENTED.
Please read this Provision carefully. It provides that all Disputes between You and Explorers (as defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, You may otherwise have a right or opportunity to bring claims in court, before a judge or jury(where applicable to Your jurisdiction), and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of Your right to litigate claims and all opportunity to be heard by a judge or jury (where applicable to Your jurisdiction). There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys' fees). For the purpose of this Provision, "Explorers” means Explorer and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term "Dispute” means any dispute, claim, or controversy between You and Explorers regarding any aspect of Your relationship with Explorers, whether based in contract, statute, regulation, ordinance, tort, or any non-contractual obligations (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the existence, validity, enforceability, scope, interpretation, performance, breach or termination of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) or these Terms. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND EXPLORERS EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, You must first give Explorers an opportunity to resolve the Dispute. You must commence this process by notifying Explorers at firstname.lastname@example.org. That written notification must include (1) Your name, (2) Your address, (3) a written description of Your Claim, and (4) a description of the specific relief You seek. If Explorers does not resolve the Dispute within 45 days after it receives Your written notification, You may pursue Your Dispute in arbitration.
Exclusion from Arbitration
Notwithstanding the above, You or Explorers may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies to be heard in the small claims tribunal, it may be initiated in the small claims tribunal; (b) You do not provide written consent to resolve the Dispute by arbitration after the Dispute has arisen, where such consent is required by applicable law; or (c) the arbitration agreement is illegal or unenforceable.
If this Provision applies and the Dispute is not resolved as provided above ("Pre-Arbitration Claim Resolution”) either You or Explorers may initiate arbitration proceedings. If the parties resort to resolve a Dispute by arbitration in accordance with this Provision, such Dispute shall be determined exclusively by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted, and (i) the law of this Provision shall be Hong Kong law; (ii) the place of arbitration shall be Hong Kong; (iii) the number of arbitrators shall be one; and (iv) the language to be used in the arbitral proceedings shall be English. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Arbitration Award—The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or Explorers may initiate arbitration in Hong Kong.
Fees and Costs – Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if You provide notice and negotiate in good faith with Explorers as provided in the section above titled "Pre-Arbitration Claim Resolution”and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney's fees and costs if so determined by the arbitrator.
Class Action Waiver
To the fullest extent permitted by law, You understand and agree that by entering into this agreement, You are waiving the right to participate in a class or representative proceeding or claim, except as otherwise provided below in this Provision. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and Explorers specifically agree in writing to do so following initiation of the arbitration. Neither You, nor any other user of the Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding unless both You and Explorers have agreed in writing as provided above. This Provision only applies where class actions are available in Your jurisdiction.
Waiver of the Right to a Court Trial
You understand and agree that by entering into this agreement You and Explorers are each waiving the right to a jury trial (where applicable to Your jurisdiction) or a trial before a judge in a public court. In the absence of this Provision, You and Explorers might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury (where applicable to Your jurisdiction), and/or to participate or be represented in a case filed in court by others where applicable (including class actions). To the fullest extent permitted by law and except as otherwise provided in this Provision, those rights are waived. Other rights that You would have if You went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by the courts of Hong Kong. If the arbitration agreement is found to be illegal or unenforceable, the Dispute will be decided by the courts of Hong Kong.
This Provision shall survive the termination of Your service with Explorers.
EXPLORER CORPORATION LIMITED AND ITS LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EXPLORER CORPORATION LIMITED OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify, and hold Explorer harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by Explorer arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.
The failure of Explorer to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction or arbitrator finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You acknowledge that the rights granted and obligations made hereunder to Explorer are of a unique and irreplaceable nature, the loss of which shall irreparably harm Explorer and which cannot be replaced by monetary damages alone so that Explorer shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you
These Terms and any action related thereto will be governed by the laws of Hong Kong without regard to its conflict of laws provisions. Except as provided in the ""Dispute Resolution and Arbitration” Provision (above), the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the courts located in Hong Kong and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Explorer operates and controls this application from its offices in Hong Kong. Explorer makes no representation that this application is appropriate or available in other locations. The information provided on this application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Explorer to any registration requirement within such jurisdiction or country. You have sole responsibility to ensure the use of this application comply with the laws and requirements of regulatory authorities of Your jurisdiction.
We reserve the right to modify the Terms at any time. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date those terms will be effective. We will attempt to give you
advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes.
These Terms apply to You if You use the Service in the region other than Your home jurisdiction and/or download the application from an App Store in the region than Your home jurisdiction. Any references to "applicable laws" shall be deemed to refer to the laws and regulations that apply to You, Explorer and/or the Service, as the context requires (and this may include the laws and regulations of countries other than Your home jurisdiction).
These Terms are the entire and exclusive agreement between Explorer and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.
The Services are operated and provided by Explorer Corporation Limited, Penthouse, 38/F, The Centrium, 60 Wyndham Street, Central District, Hong Kong Island, HK. If you have any questions about these Terms, please contact Explorer at email@example.com.
Thank you for taking the time to read our Terms of Service. We hope you enjoyed reading them!
© Explorer Corporation Limited 2016, All Rights Reserved.
The City of Luxury Reward you have selected is subject to the below Terms and Conditions:
All Rewards are available until supplies last and are further subject to availability. Should a requested Reward not be available at time of redemption by You, then Explorer Corporation, Ltd. The Service, may offer You an alternative Reward of comparable value. The value and types of Rewards will vary depending on the geographic location of User/Consumer as well as the specific third party vendor fulfilling the Reward. Reward selection is final. Rewards cannot be changed once they have been reserved in the application. Each Reward is subject to further definition and may have additional terms and conditions governing the redemption thereof. You must be twenty-one (21) years of age or older to redeem any Reward. Void where prohibited or restricted by law. Rewards are not transferable, transferable for sale, resale and is not redeemable for cash.Your Reward selection is final. The Service reserves the right to change or modify these Specific Reward Terms as well as the Service’s General Terms and Conditions at any time. The Service has the right to change the value of the Rewards. No credit, refund or extension for any Rewards will be provided. Failure to comply with the instructions or any other directives made in conjunction with this Reward may result in cancellation and/or a charge for Reward. Reward shall be considered reserved, once the Reward points have been deducted. Shipping and handling is included except where not possible due to inability of third party logistics operators to offer commercially viable and legal methods of transporting goods. Redemption is subject to regulatory governmental agency guidelines/restrictions, including any gaming regulatory agencies. Failure to accept delivery or delivery location provided is undeliverable via appointed carriers, without giving notice, gives the Service the right to cancel your Reward. This may result in a charge to reschedule delivery of your Reward. Under these circumstances, Reward shall be considered redeemed, and participant shall be solely responsible for any costs or fees incurred as a result of their non-compliance. This Reward cannot be used in conjunction with any other promotional offer. The Service does not warrant the quality, performance or fitness for the Rewards and shall not be responsible for any consequence including but not limited to loss of life, injury to person and/or damage to property arising from or in connection with the reward promotion and/or redemption or use of Rewards. The Service is not the supplier of the Rewards items in this promotion and shall not be responsible for any matters related to the product quality or after-sales services provided. For the purpose of this Reward, “Released Parties” includes the Service, their respective parents, affiliates, partners, subsidiaries, agents, distributors, and vendors specifically involved in this promotion. This information is correct at the time of release, although the Service and Released Parties reserve the right to change details at any time. Released Parties cannot be held responsible for any disagreements concerning availability and quality of Rewards/products/services. Employees or agents of the Service, its affiliates, subsidiaries or vendors specifically involved in this promotion, are not eligible to participate in the Promotion. Employees of Released Parties or anyone professionally connected to this promotion are not eligible to participate in the Promotion.
This Reward is issued by the Service (Explorer Corporation Limited) located at: Penthouse, 38/F, The Centrium, 60 Wyndham Street, Central District, Hong Kong Island, HK. If you have any questions about these Terms, please contact Explorer at firstname.lastname@example.org. No inquiry or notice will be validly received by the Service unless mailed to the Service’s address above by first-class mail, postage prepaid. The Service reserves the right to change or modify these Terms and Conditions at any time during the term thereof. It shall be the user’s/bearer’s sole obligation to check the Terms and Conditions during the use of the Application and when the bearer redeems the Reward. In case of any dispute, the Service reserves the right of final decision.