Unity™ by Hard Rock Mobile Application
End User License Agreement

Updated: April 19, 2022

This Unity by Hard Rock Mobile Application End User License Agreement (this “Agreement”) is a binding agreement between you and Seminole Hard Rock Support Services, LLC d/b/a HR Unity Global Services (“Company”). This Agreement governs your download, installation, and use of the Unity by Hard Rock mobile application for Apple iOS or Google Android operating systems (including all related documentation, the “Unity App”).

BY DOWNLOADING/INSTALLING/USING THE UNITY APP, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE UNITY APP.

  1. Reservation of Rights.  Company reserves the right to vary the terms of this Agreement at any time by notice on the Unity App, the Unity Program Website located at unity.hardrock.com, or via email to you.  Company reserves all rights in and to the Unity App not expressly granted to you under the terms of this Agreement.
  2. License not Sale.  The Unity App is licensed to you pursuant to this Agreement.  The Unity App is not sold to you.
  3. Scope of License.  Company grants to you a limited, non-exclusive, and non-transferable license to use the Unity App solely for the purposes of participating in the Unity by Hard Rock loyalty rewards program (the “Program”).  You are solely responsible for the use of the Unity App on your device, including any use by another person and you are solely responsible for any data, network, or other charges that may be incurred as a result of using the Unity App on your device.
  4. Intellectual Property.  All intellectual property rights in the Unity App, including copyright, belong to Company and/or its licensors.  Nothing contained in this Agreement or otherwise contained in the Unity App should be construed as granting, by implication or otherwise, any right to use any trademark appearing within the Unity App.
  5. Restrictions.  You may not transfer, redistribute, or sublicense the Unity App.  You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Unity App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable laws or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included within the Unity App.  You may not remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Unity App, including any copy thereof.  You may not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Unity App or any features or functionality of the Unity App, to any third party for any reason, including by making the Unity App available on a network where it is capable of being accessed by more than one device at any time.  You may not remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Unity App.
  6. Privacy.You acknowledge that when you download, install, or use the Unity App, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the Unity App.  You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Unity App or certain of its features or functionality, and the Unity App may provide you with opportunities to share information about yourself with others.  All information that Company collects through or in connection with the Unity App is subject to Company’s Privacy Policy unitybyhardrock.com/privacy-policy. By downloading, installing, using, and providing information to or through the Unity App, you consent to all actions taken by Company with respect to your information in compliance with the Privacy Policy.
  7. Updates.Company may from time to time in its sole discretion develop and provide updates to the Unity App, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”).  Updates may also modify or delete in their entirety certain features and functionality.  You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.  Based on your mobile device settings, when your mobile device is connected to the Internet either:

    a.   your device will automatically download and install all available Updates; or

    b.   you may receive notice of or be prompted to download and install available Updates.

    You shall promptly download and install all Updates and acknowledge and agree that the Unity App or portions thereof may not properly operate should you fail to do so.  You further agree that all Updates will be deemed part of the Unity App and be subject to all terms and conditions of this Agreement.

  8. Termination.  This Agreement remains effective until terminated by Company or by you.  Your rights under this Agreement will automatically terminate if you fail to comply with any of the terms set forth in this Agreement. If this Agreement is terminated, you must immediately stop using the Unity App.
  9. External Services.  The Unity App may enable access to Company’s and/or third-party services and websites (collectively and individually, the “External Services”).  You agree to use the External Services at your sole risk.  Company is not responsible for examining or evaluating the content or accuracy of any External Services, and shall not be liable for any such External Services.
  10. No Warranty; Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COMPANY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES REGARDING THE UNITY APP, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS.  COMPANY DOES NOT WARRANT THE UNITY APP, OR ANY CONTENT, WILL BE ERROR‑FREE OR UNINTERRUPTED.  CERTAIN APPLICABLE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

    SUBJECT TO THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY CONTENT OR THE UNITY APP, OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

  11. iOS-Powered Mobile Device.  The following additional terms and conditions apply with respect to any Unity App that Company provides to you designed for use on an Apple iOS-powered mobile device (the “iOS Unity App”):
  12. Indemnification.You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, but not limited to, attorneys’ fees, arising from or relating to your use or misuse of the Unity App or your breach of this Agreement.  Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through the Unity App.
  13. Security.  You must exercise care to ensure the safety of your device by taking all reasonable care to prevent loss, theft, and unauthorized or fraudulent use.
    1. You acknowledge that this Agreement is between you and Company only, and not with Apple, Inc. or any affiliate thereof (“Apple”).
    2. Your use of the iOS Unity App must comply with Apple’s then-current App Store Terms of Service.
    3. Company, and not Apple, is solely responsible for the iOS Unity App and the services and content available thereon.  You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS Unity App.  To the maximum extent permitted by applicable laws, Apple will have no warranty obligation whatsoever with respect to the iOS Unity App.
    4. Except as prohibited under applicable laws and as stated in Section 21, you agree that Company, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS Unity App or your possession and/or use of the iOS Unity App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Unity 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 this Agreement and any laws applicable to Company as provider of the iOS Unity App.
    5. You agree that Company, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to the iOS Unity App or your possession and use of the iOS Unity App.
    6. You agree to comply with all applicable third-party terms of agreement when using the iOS Unity App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS Unity App).
    7. You and Company agree that Apple and Apple’s subsidiaries are third-party beneficiaries to this Agreement as they relate to your license of the iOS Unity App.  Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as it relates to your license of the iOS Unity App as a third‑party beneficiary thereof.
  14. Android-Powered Mobile Device. The following additional terms and conditions apply with respect to any Unity App that Company provides to you designed for use on an Android-powered mobile device (the “Android Unity App”): 
    1. You acknowledge that this Agreement is between you and Company only, and not with Google LLC or any affiliate thereof (“Google”).
    2. Your use of the Android Unity App must comply with Google’s then-current Android Market Terms of Service.
    3. Google is only a provider of the Android Market where you obtained the Android Unity App.  Company, and not Google, is solely responsible for the Android Unity App and the services and content available thereon.  Google has no obligation or liability to you with respect to the Android Unity App or this Agreement.
    4. You acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to the Android Unity App.
  15. Other App Sources.  If you download the Unity App from any other mobile application source (an “App Source”), you agree that Company is the licensor of the Unity App, and the App Source is not a party to this Agreement.  Except as prohibited under applicable laws and as stated in Section 21, you further agree that the App Source does not have any responsibility or liability to you related to the Unity App or related to compliance or non-compliance by Company or you (or any other user) with this Agreement.  You further agree to comply with any App Source terms then‑applicable to the downloading of the Unity App.
  16. Export and Re-export.  You may not use or otherwise export or re-export the Unity App except as authorized by United States law and the laws of the jurisdiction in which the Unity App was obtained.  In particular, but without limitation, the Unity App may not be used, exported or re-exported: (a) into any U.S.-embargoed countries; or (b) by or to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.  By using the Unity App, you represent and warrant that you are not located in any such country or on any such list.  You also agree that you will not use the Unity App for any purpose prohibited by applicable laws.
  17. Governing Law.  This Agreement is governed by the laws of the State of Florida, United States of America, irrespective of where you accessed the Unity App, or reside, or the choice of law principles of the State of Florida or any other jurisdiction; provided, however, if you reside outside of the United States and the applicable law of the country, state, province, territory, or jurisdiction of your residence outside the United States (a “Foreign Jurisdiction”) require that the laws of such Foreign Jurisdiction shall govern, then the laws of such Foreign Jurisdiction shall govern only to the extent required including as noted in Section 21 of this Agreement.
  18. Jurisdiction.  You agree that the exclusive venue for any legal proceeding under this Agreement shall be the United States District Court for the Southern District of Florida or if such federal court does not have jurisdiction over the legal proceeding, then a state court of Florida of competent jurisdiction located in Broward County, Florida.  You agree to the personal jurisdiction of such courts and waive any objections to such venue based on forum non conveniens or any other ground.
  19. No Class Action/Waiver of Jury Trial.  You agree not to file or participate in any form of class action against Company or any of its affiliates arising from or related to, either directly or indirectly, this Agreement or the Unity App, or in respect of any decision of Company, and you further agree to resolve any claim on an individual basis as set forth in this Agreement.  In addition, you irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or related to this Agreement or the Unity App.
  20. Tribal Sovereignty.  You acknowledge that Company is a subordinate economic entity of the Seminole Tribe of Florida, which retains and has not waived its sovereign immunity from suit or process.  Nothing in this Agreement is intended, nor shall it be interpreted to, subject the Seminole Tribe of Florida to the jurisdiction of the federal courts, or the courts of the State of Florida or any other state or the courts of any jurisdiction outside of the United States.
  21. Country-Specific Notices.  If any provision of this Agreement is invalid under the applicable laws of a Foreign Jurisdiction, it will only apply to the extent permitted under the applicable laws of the Foreign Jurisdiction.For the European Economic Area, the United Kingdom, and Switzerland:  if you are a resident of the European Economic Area, the United Kingdom, and/or Switzerland, the limitation and exclusions of liability set out in Sections 9 and 10 of this Agreement do not apply to you, but you and Company agree that Company will be liable for any reasonably foreseeable loss or damage you can show that you have suffered as a result of Company’s failure to carry out its obligations under this Agreement to a reasonable standard or breach of any duties imposed by law provided that: (a) Company shall not have any liability for events which Company could not have foreseen or prevented even if Company had taken reasonable care; and (b) as you are a consumer and not using the Unity App in connection with any business, Company shall not have any liability for any commercial or business-related damages, costs, or losses.  Company will be liable to you for death or personal injury caused by its negligence or if it acts fraudulently.  Company will try to resolve any disagreements with you quickly and efficiently.  If you are not satisfied with the way Company deals with any disagreement, you and Company may agree to refer the matter to arbitration as mutually agreed, but you and Company are not restricted from bringing legal proceedings in your country or elsewhere.  Local mandatory consumer protection laws may apply.
  22. General.You agree that any claim or cause of action related to this Agreement or the use of the Unity App must be filed within one (1) year after the cause of action arose.  You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Company.  Company may freely assign this Agreement.  The United Nations Convention on the International Sale of Goods will not apply to this Agreement.