Last Revised: August 20, 2026
Important notice regarding dispute resolution: Section 23 below contains provisions that, with limited exceptions: (a) require the use of arbitration, rather than courts or jury trials, to resolve disputes; (b) require you to resolve disputes on an individual basis and expressly waive the right to bring or participate in a class action in connection with such disputes; and (c) limit the remedies that are available in the event of a dispute. Please carefully review Section 23 for details regarding this dispute resolution procedure. Scroll down to Section 23 to review the arbitration agreement.
By using or accessing the "Aces Services" (as defined below), you unconditionally agree to be bound by these Terms of Use, including the arbitration agreement, just as if you had signed them. If you do not agree to these Terms of Use, or if you fail to meet the eligibility criteria set forth in these Terms of Use, then you are not authorized to access or otherwise use the Aces Services.
These Terms of Use describe the terms and conditions that govern your use of the "Aces Services" (defined below) and constitute a legally binding agreement between you and the entity providing you with access to the particular Aces Service.
The ACES Services are provided by Las Vegas Basketball, L.P. (individually and collectively referred to herein as, "ACES", "we", "us", and "our").
The ACES website located at Aceslive.tv along with any and all other websites, mobile application(s), platforms or services that link or otherwise refer users to these Terms of Use, all elements of the those websites, applications, platforms and services, including their respective features, functionality, user interface, software and other technology, and any other products, features, tools, materials, or other services (including third party services) offered from time to time by ACES directly or through the AcesLive content streaming service ("ACES LIVE") or such websites, mobile applications, platforms and services are individually and collectively referred to in these Terms of Use as the "ACES Services". These Terms of Use govern your use of the ACES Services unless a different Terms of Use, Terms of Service or similar policy is provided on a particular site, application, platform or service, in which case such different policy shall govern and control the site, application, platform or service to which they apply.
References to "you" and "your" in these Terms of Use includes each person who visits, accesses or otherwise uses the ACES Services, including without limitation the person whose name is associated with an ACES Services "Account" (the "Account Holder") and any person who accesses or otherwise uses ACES Services through that Account or otherwise, including without limitation any person who has a "Viewer Profile" (as defined in Section 3.2 below). Before using the ACES Services, please also review the related ACES Privacy Policy (the "Privacy Policy"), which is available at aceslive.tv/privacy-policy and is incorporated herein by this reference.
The live and on-demand programs and other content, information, text, files, images, videos, sounds, musical works, works of authorship, names, slogans, logos, designs, and other materials that are included on or accessed through the ACES Services are collectively referred to herein as "Content". To use the ACES Services or to access certain Content, it may be necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, those additional terms and conditions are hereby incorporated into these Terms of Use. In addition, your use of certain products or features offered through the ACES Services may require you to accept additional terms and conditions that apply to those products or features in addition to these Terms of Use. In the event of a conflict or inconsistency between those additional terms and these Terms of Use, those additional terms will prevail solely with respect to your use of the particular product, service, or feature to which they apply.
Please note that the website addresses (i.e., URLs) included within these Terms of Use may not function as hyperlinks everywhere these Terms of Use appear. To view these Terms of Use with clickable hyperlinks, please visit the ACES website at https://lasvegasacessupport.zendesk.com/hc/en-us/articles/29677440461724-Terms-and-Conditions-User-Agreement.
We may need to make changes to these Terms of Use from time to time and reserve the right to do so for any reason. For example, we may need to update how the ACES Services work or reflect changes in the law. You should revisit these Terms of Use regularly. It is posted on the websites associated with the ACES Services. If we make a material change to these Terms of Use, we may notify you by sending an email to the email address you most recently provided to us (if any) prior to the material change taking effect. Therefore, it is important that you keep your Account information (if any), including email address, updated. Any material change to these Terms of Use will be effective as soon as the revised Terms of Use are first posted, unless the law requires us to delay the effective date. Your continued use of the ACES Service following any modification constitutes your acceptance of and agreement to be bound by these Terms of Use as so modified.
Without limiting the generality of the foregoing, you and we also specifically agree that to provide a uniform method of dispute resolution, may update its dispute resolution procedures (currently in Section 23) at any time to apply to all "Disputes" (as defined in Section 23) not yet initiated by you or us as of the date the dispute resolution procedures are updated. Thus, you and we must initiate any dispute under the version of ACES's dispute resolution procedures that is current as of the date you or we initiate the Dispute, regardless of whether the Dispute is based on alleged conduct that occurred before the dispute resolution procedures were updated and regardless of whether we continue to serve you. ACES's dispute resolution procedures, including any updates to them, will remain publicly accessible on the ACES Services for review by all current and former users of the ACES Services.
3.1 Setting Up Your Account. Aces Live subscription based streaming service and any other ACES Services that offer subscriptions or require an "Account" (as defined below) are referred to herein as a "Subscription Service". To access Content on a Subscription Service, you must reside in the United States (the "Service Area"), have an account (an "Account"), and have an active subscription plan (a "Subscription") with a valid credit card or other method of payment accepted by the Subscription Service, as may be updated from time to time (a "Payment Method") either (a) directly through ACES or (b) through a third party (e.g., an app store or your internet, mobile or TV provider) that has been authorized to provide Subscriptions to the Subscription Service (each, a "Third Party Provider"). As used in these Terms of Use, the term "Subscription Provider" individually and collectively refers to ACES and each Third Party Provider, depending on whether you purchase your Subscription direction from ACES or from a Third Party Provider (if applicable). A Subscription may provide access to a bundle of products or services. Please note that if you already directly subscribe to a product or service that is part of a bundled offer on Aces Live or that is otherwise distributed through Aces Live or another Subscription Service, you could end up paying to access that product or service twice; once through Aces Live or such other Subscription Service, and again through your subscription directly with the party offering the product or service included in the bundle. It is your responsibility to recognize any such duplicative charge, decide if you want to cancel either duplicative subscription, and then do so if that is what you decide. Please also note that if you purchase a Subscription to one Subscription Service (e.g., Aces Live), that does not necessarily mean that your Subscription will also extend to other Subscription Services. The Subscription Service(s) that can be accessed by each Subscription will be described at the time you sign up. Even when a Subscription is not required, you may need to create an Account to access the Subscription Service or other ACES Service.
If you purchase your Subscription directly from ACES, you will create your Account at the same time you purchase your initial Subscription.
If you purchase your Subscription through a Third Party Provider, your Third Party Provider will process your Payment Method and give you further details on how to sign in or create your ACES Services Account. You may need to take additional steps to set up your Account, including leaving your Third Party Provider's platform to confirm your information with us.
You may not (i) select or use as a username, a name of another person with the intent to impersonate that person; or (ii) use as a username a name that is subject to any rights of another person or entity without appropriate authorization. ACES reserves the right to refuse registration of, or cancel, a username, in its sole discretion. You agree not to use the account, username, email address, or password of another subscriber at any time and not to allow any other person outside of your household to use your Account. You agree to notify ACES immediately if you suspect any unauthorized use of, or access to, your Account or password. ACES shall retain the right, but not the obligation, to change your username, for any reason, including, without limitation, if the username you have selected or any other publicly facing information you have provided violates these Terms of Use. If we terminate your Subscription and/or access to a Subscription Service (or any portion of a Subscription Service), you may not create a new account, purchase a new subscription or later try to access the Subscription Service without ACES's prior written approval. You agree that your Account and/or Subscription is personal to the Account Holder and non-transferable. Any rights under or to an Account terminate upon the Account Holder's death.
iOS Subscribers must comply with the App Store Terms of Use in addition to these Terms of Use when accessing a Subscription Service via iOS products. You acknowledge and agree that Apple Inc. ("Apple"), and any subsidiaries of Apple, are third party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary hereof.
3.2 Viewer Profiles. You may have the option to create a limited number of authorized user profiles on your Account (each, a "Viewer Profile"). We reserve the right to increase or decrease the maximum number of Viewer Profiles you can add or that can simultaneously use the Subscription Service. Viewer Profiles are limited to members of your household, as determined by ACES in our discretion. By allowing members of your household to access your Account and/or a Viewer Profile, you acknowledge and agree to these Terms of Use on behalf of your household members, and you represent and warrant that you have the power and authority to consent to these Terms of Use on behalf of each household member, including any minor children, who accesses your Account and/or a Viewer Profile. Each Viewer Profile's viewing activity may be accessible to the Account Holder and to each of the other Viewer Profiles. It is the Account Holder's responsibility to inform each person who uses a Viewer Profile of this feature. The Account Holder is responsible for all users of the Account Holder's Account and for maintaining the confidentiality of login credentials.
3.3 Age Limitations. The Subscription Services are not intended to be used by children without involvement and approval of a parent or guardian or another authorized adult. To purchase a Subscription or any other product or service on any of the ACES Services or create an Account, you must be 18 years of age or older (or over the applicable age of majority in your state of residence). If you are under 18 years of age (or under the applicable age of majority in your state of residence) (a "Minor"), you may use the Subscription Services only with permission from the Account Holder, or your parent or legal guardian must create an Account for you and agree to these Terms of Use on your behalf. Any person who creates an Account for a Minor is referred to herein as a "Parent". Each Parent hereby: (1) represents that they are a parent and/or legal guardian of the Minor, (2) ratifies and approves all of the terms, conditions, rights and obligations contained in these Terms of Use on their own behalf and on behalf of the Minor; (3) agrees to secure, and to do nothing that would hinder or prevent, the full performance by Minor of Minor's obligations under these Terms of Use; (4) consents to the use of Minor's User Content as set forth in these Terms of Use; and (5) irrevocably guarantees that Minor will not disaffirm, disavow, or void these Terms of Use on the grounds that Minor was a minor on the date the Account was created, or on any other grounds. In the event these Terms of Use are disaffirmed, disavowed, or voided by Minor for any reason, Parent hereby agrees to indemnify, defend, and hold ACES and its Affiliates harmless from and against any all third party (including Minor) claims, actions or proceedings of any kind and from any and all third party (including Minor) damages, liabilities, costs and expenses, including reasonable outside legal fees and costs relating to or arising out of such disaffirmance, disavowing, or voiding of these Terms of Use or that may be incurred by ACES or its Affiliates in enforcing these Terms of Use against Minor. This guarantee shall be applicable to any modification, amendment, extension, waiver, renewal, or substitution of these Terms of Use.
3.4 Subscription Fee. We may charge a subscription fee together with any applicable taxes and service fees (collectively, the "Subscription Fee") to access a Subscription Service. ACCESS TO THE CONTENT IS LICENSED, NOT SOLD TO YOU. Any use of the terms "own," "ownership", "purchase," "sale," "sold," "sell," "rent" or "buy" on the ACES Services or in materials related to the ACES Services or the Content does not mean, imply or result in any transfer of ownership or intellectual property rights to you. On a Subscription Service, your Subscription provides a limited, revocable, non-transferrable license to access the Subscription Service and the Content that is available on the Subscription Service for personal, non-commercial purposes only, and only in accordance with these Terms of Use. Either ACES or our authorized vendor(s) (the "Payment Service") will process the Payment Method. When you provide any financial and other details for the purpose of payment, you represent and warrant that you are the legally authorized user of the relevant Payment Method and are providing current, complete, and accurate information. After your original Subscription expires, it will automatically renew for additional periods equal in length to the original Subscription period, unless you cancel before the renewal, and the cost of the renewal will be at the then-current rates. If you don't want your subscription to renew, you can cancel it before the renewal by logging into your Account and following the cancellation instructions that are provided. Subscription Fees are non-refundable. But if you cancel your Subscription, you will still have access to the Subscription Service for the remainder of time you have already paid for (the "Billing Period"). You can find the specific details regarding your Subscription at any time by logging in to your Account and viewing your Subscription details. ACES reserves the right to change the terms of your Subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If ACES changes the Subscription Fee or other charges (other than any applicable taxes imposed under Applicable Law) for your Subscription, we will give you advance notice of these changes and you will have the opportunity to cancel your Subscription prior to incurring the new charges. However, we will not be able to notify you of changes in any applicable taxes.
3.5 Billing. The information in this Section applies only to consumers who subscribe to a Subscription Service through ACES. If you purchase a Subscription from a Third Party Provider, please contact the respective party for information about billing. By providing a Payment Method, you are expressly agreeing that ACES or the Payment Service are authorized to charge you a periodic Subscription Fee on a recurring basis corresponding to the term of your Subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Subscription Service. Please note that if your Payment Method is declined, ACES or the Payment Service may attempt to charge the Payment Method multiple times to prevent your Subscription from lapsing, and you hereby authorize ACES or the Payment Service to make such attempts. If debit cards are accepted as a valid Payment Method and you provide a debit card as a Payment Method, the bank or other financial institution that issued the Payment Method may impose its own fee each time the Payment Method is declined. Any dispute over such fees should be addressed with the issuer of the Payment Method. Those fees are not charged by ACES or the Payment Service, and neither ACES nor the Payment Service is responsible for refunding those amounts. Also be aware that, for your convenience, your Payment Method may be accessible on other websites or services owned or controlled by our parent, subsidiary, affiliated entities, or other third-party providers we are in contract (including, but not limited to, Cleeng B.V., "Cleeng") with (each, an "Affiliate") where you may elect to use the same Payment Method in order to process your transaction with any such ACES Affiliate. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The Subscription Fee will be billed at the beginning of your Subscription or expiration of your free trial period, if any, whichever is earlier, and in connection with every automatic renewal thereafter, unless and until you duly cancel your Subscription or the Subscription Service is otherwise discontinued pursuant to these Terms of Use. The Account Holder is responsible for all charges and other activity associated with the Account.
If you want to use a Payment Method that is different from the one you used during sign-up, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in to your Account and viewing your Subscription details. When you provide a Payment Method to access a Subscription, including in connection with a free trial offer, the Payment Service will attempt to verify the information you entered. The Payment Service will do this by processing an authorization hold, which is a standard practice. If your Payment Method expires and you do not update your Payment Method information or duly cancel your Subscription before it automatically renews, you authorize the Payment Service to continue billing, and you will remain responsible for any uncollected amounts. From time to time, the Payment Service may update your Payment Method using information from the financial institution that issued your Payment Method. Not all payment card issuers share such information. Please contact your payment card issuer for further information. The Payment Service's collection and processing of your Payment Method for the Subscription Service shall be governed by the Terms of Use/service and privacy policy of the Payment Service. Please also be aware that some Payment Methods may not support automatic payments. If we are unable to obtain a valid Payment Method, we may, in our discretion, suspend and/or cancel your Subscription and access to the Subscription Service without further notice.
3.6 Ongoing Subscription. Your Subscription will continue in effect unless and until you duly cancel your Subscription, or the Account or the Subscription Service itself is otherwise suspended or discontinued, pursuant to these Terms of Use. You must cancel your Subscription before your next payment date in order to avoid the next billing. The Payment Service will bill the renewal Subscription Fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your Account information). If you duly cancel your Subscription, cancellation will be effective at the end of the then-current Billing Period. PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING PERIODS. This means that you will continue to have access to your Subscription for the remainder of the then-current Billing Period, but you will not receive a refund. You will also forfeit any service or referral credits upon cancellation.
3.7 How to Cancel Your Subscription.
If you purchased your Subscription to the Subscription Service through ACES, you can cancel your Subscription by signing into your Account and following the instructions provided. You are responsible for canceling your Subscription if you no longer wish to receive the Subscription Service.
If you purchased your Subscription to the Subscription Service through a Third Party Provider, then that means your billing and payments are handled by that Third Party Provider, so if you want to cancel your Subscription or manage your billing, you need to do so using the account you have with such Third Party Provider. ACES does not control that billing relationship and is not responsible for refunding any amounts you paid to a Third Party Provider for or in connection with your Subscription to the Subscription Service.
3.8 Unpaid Amounts. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to permit the Payment Service or another third party to pursue any amount you fail to pay in connection with your Subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
3.9 Free Trials. From time to time, Subscription Providers may make certain Subscription plans to a Subscription Service available on a free trial basis for a limited time (each, a "Free Trial"). The duration of and other terms applicable to each Free Trial will be specified at sign-up. Free Trial offers may take a variety of forms and may be available on a standalone basis or provided as part of a bundle with other products or services. If a unique code is required to redeem a Free Trial offer, your unique code is not transferable and is good only once and only for a limited time. Free Trials are limited to new subscribers, unless otherwise specified. Other requirements for a Free Trial offer will be stated at the time it is presented. Each Subscription Provider will determine Free Trial offer eligibility in its sole discretion, and reserves the right to limit the availability of, end or revoke a Free Trial offer at any time for any reason. To the extent a Free Trial is offered in conjunction with the purchase of, or payment for, third party products or services, you agree that ACES will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. If you cancel your Free Trial before it ends, cancellation may become effective immediately. Free Trial offers are not applied retroactively. If a Free Trial offer is made after you sign up for a Subscription Service, you acknowledge that no retroactive refunds, adjustments or price protection will be applied to your Subscription Fee. You also agree not to register multiple times for the same Free Trial using multiple names, addresses, email addresses or other means.
When you sign up for a Free Trial, you must still provide a valid Payment Method in order to use the Subscription Service during the Free Trial period. Your Payment Method will not be charged during the Free Trial period. You will not be notified that your Free Trial is about to end unless such notice is required by Applicable Law.
After your Free Trial ends, your Subscription will automatically convert to a regular price Subscription at the then-current price, plus applicable taxes, unless you cancel before the conversion, and then your Subscription will automatically renew on a recurring basis, unless you cancel before the next Billing Period.
If you have a Free Trial through ACES, you can find additional details about your Free Trial, including the date the Free Trial ends, by going to the "Subscription" section of your Account. If you have a Free Trial through a Third Party Provider, you will need to contact that Third Party Provider directly for that information.
Any promotional gifts or benefits that are specific to your original Free Trial offer will no longer apply after your Free Trial ends. You will not be notified that your Free Trial is about to end unless such notice is required by Applicable Law.
3.10 Promotional Offers. From time to time, Subscription Providers may make certain Subscription plans available on a discounted basis or in conjunction with a promotion (each, a "Promotional Offer"). Promotional Offers may take a variety of forms and may be available on a standalone basis or provided as part of a bundle with other products or services. If a unique code is required to redeem a Promotional Offer, your unique code is not transferable and is good only once and only for a limited time. Other requirements for a Promotional Offer will be stated at the time it is presented. Each Subscription Provider will determine Promotional Offer eligibility in its sole discretion, and reserves the right to limit the availability of, end or revoke a Promotional Offer at any time for any reason. To the extent a Promotional Offer is made in conjunction with the purchase of, or payment for, third party products or services, you agree that ACES will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. Promotional Offers are not applied retroactively. If a Promotional Offer is made after you sign up for a Subscription Service, you acknowledge that no retroactive refunds, adjustments, or price protection will be applied to your Subscription Fee. You also agree not to register multiple times for the same Promotional Offer using multiple names, addresses, email addresses, or other means.
When you sign up for a Promotional Offer, you must still provide a valid Payment Method in order to use the Subscription Service during the Promotional Offer period. During the period your Promotional Offer is in effect (the "Promotion Period"), your Subscription will automatically renew at the promotional price, plus applicable taxes, on a recurring basis, unless you cancel before the next Billing Period.
After your Promotion Period ends, your Subscription will automatically convert to a regular price Subscription at the then-current price, plus applicable taxes, unless you cancel before the conversion, and then your Subscription will continue to automatically renew on a recurring basis, unless you cancel before the next Billing Period.
Any promotional gifts or benefits that are specific to your original Subscription offer will no longer apply after your Promotion Period ends. You will not be notified that your Promotion Period is about to end unless such notice is required by Applicable Law.
3.11 Simultaneous Streams. The number of simultaneous streams available to you, if any, may vary by Subscription plan. We may control the maximum number of simultaneous streams per Account regardless of the number of Compatible Devices or Viewer Profiles set up to access the Subscription Service. We may change the maximum number of simultaneous streams and/or impose limits on the number of Compatible Devices that you may use on each Subscription plan, at any time including: (a) to limit the impact of Account sharing outside of your household, or where we have concluded in our discretion that there has been misuse of your Account; (b) for security reasons; or (c) due to restrictions on our rights in certain Content.
3.12 Content Variability. The Content on all the ACES Services will change regularly. On Subscription Services, certain series, films, sporting events, and other Content may become available while other Content may become unavailable over the life of your Subscription. The Content available to you may also vary based upon your Subscription. In addition, the periods during which you can view each piece of Content will vary based on the rights available for each piece of Content and the terms of your Subscription. Some Content may specify an access window in which you will be able to view the Content. The access windows will vary, so you should pay close attention to the description provided with the Content. Although we do our best to keep the Content descriptions up to date, we do not guarantee that these descriptions will always be complete, current or accurate. We also do not guarantee the availability of any particular Content at any time. ACES may disable access to any Content at any time, with or without notice, regardless of the posted access windows or programming schedules. ONCE THE ACCESS WINDOW FOR A PARTICULAR CONTENT ITEM ENDS, YOU WILL NO LONGER BE ABLE TO ACCESS THAT CONTENT.
3.13 Advertising. No matter which Subscription plan or "tier" you select, sports, news and other live Content along with certain other ad-supported Content may contain advertising, sponsorships, trailers, previews, pre-rolls, mis-rolls, post-rolls, promotions, co-promotions or other commercial interruptions, even on a Subscription plan or "tier" that is named or described as having no ads or being free of advertising (e.g., "Ad Free", "No Ads", "Premium").
ACES furnishes the ACES Services for your personal, non-commercial use and enjoyment. ACES grants you a non-exclusive limited license to use the ACES Services, including accessing and privately viewing the Content on a streaming, temporary download (if available), or other bases, for personal, non-commercial purposes only and only as set forth in these Terms of Use. ACCESS TO THE CONTENT IS LICENSED UNDER THESE TERMS OF SERVICE, NOT SOLD TO YOU. Any use of the terms "own," "ownership", "purchase," "sale," "sold," "sell," "rent" or "buy" on the ACES Services or in materials related to the ACES Services or the Content does not mean, imply or result in any transfer of ownership or intellectual property rights to you. The periods during which you can view each piece of Content will vary based on the rights available for such Content and, for Subscription Services, may vary based on the terms of your Subscription. You shall not interfere or attempt to interfere with the operation or use of any ACES Service by others in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. You understand that some of the Content that is available on the ACES Services may be protected by encryption, rights management, copy protection, geo-filtering and other access control measures, or other security technology, and you agree not to circumvent, disable, disassemble, remove, alter, deactivate, degrade or otherwise tamper with such security technology.
Except as expressly permitted in these Terms of Use, you may not copy, download, stream, scrape, capture, reproduce, duplicate, archive, upload, create derivative works from, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame, deep-link, make available or otherwise use any Content contained in or accessible through the ACES Services. Without limiting the generality of the forgoing, you may not and shall not copy, data mine, scrape or in any way extract or use the Content available on or accessible through the ACES Services for the purpose of training any artificial intelligence algorithm, system, model or tool or any large language or machine learning model or any similar technology.
We reserve the right to immediately terminate or restrict your Subscription or your use of any ACES Services, including any Subscription Service, or access to Content at any time, for any or no reason, without prior notice, and we shall have no liability to you for any such action. ACES may also impose limits on certain features and services offered on the ACES Service or restrict your access to parts or all of the ACES Services without notice or liability. You acknowledge that from time to time the ACES Services, including a Subscription Service, may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which ACES may undertake from time to time; or (iii) causes beyond the control of ACES or which are not reasonably foreseeable by ACES. Even after your Account, Subscription and/or access to the ACES Services is terminated by you or ACES, these Terms of Use will remain in full force and effect with respect to your past and future use of the ACES Services.
Prohibited Gambling Use. You may not use the ACES Services, including any live Content, data, statistics, or other information accessible through the ACES Services, in connection with any illegal gambling activity. Without limiting the foregoing, you may not use the ACES Services or any Content for the purpose of facilitating or supporting any unauthorized or unlicensed sports wagering operation. Any use of the ACES Services for commercial purposes related to sports wagering is expressly prohibited unless separately authorized in writing by ACES. Nothing in these Terms of Use shall be construed as authorization to use the ACES Services in violation of any applicable federal, state, or local gambling or gaming law.
You may access Content on the Subscription Services only in the Service Area. Restrictions may be enforced according to the location from which you are accessing the Subscription Service. In addition, live Content on any of the ACES Services may be subject to blackouts, device-specific limitations, or other restrictions, even in the Service Area. Blackouts may be applied based upon the city or region in which you are trying to access the ACES Service, and we may use different technologies and methods to verify your location at the time you access the live Content.
Access to certain Content may depend upon whether you are able to maintain an internet connection, or sufficient bandwidth and the equipment used to access the ACES Service. ACES use various technologies to provide you with an optimal viewing experience. That said, the viewing quality of Content, including resolution and the time it takes to begin playing Content, may vary based on your Subscription plan (on Subscription Services), the format of the Content, your location, the speed and bandwidth of your internet or mobile data service and the devices used, among other factors. HD, Ultra HD and 4K Ultra HD availability, as well as Dolby Atmos audio, if and as applicable, for certain Content depends on your Subscription plan on Subscription Services, internet service and device capabilities. Not all Content is available in all formats, not all Subscription plans allow you to access Content in all formats, and on Subscription Services, not all Content within each Subscription plan is available at the highest video resolution or sound quality.
Content tends to elicit varying reactions among different people. As is true for many websites and content platforms, you may come across Content that you find offensive, indecent, explicit, or otherwise objectionable. We do not guarantee that any movie or television ratings are accurate. Any Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, but ACES do not guarantee that you will agree with them. If we enable features designed to control what Content you and your household are able to access, those controls may not always be effective in restricting Content that you or anyone accessing a particular Viewer Profile on a Subscription Service consider objectionable. You acknowledge and voluntarily accept these risks.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of any video player used for viewing the Content on any ACES Service (the "Video Player"), its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the access point where ACES has authorized the Video Player to be made available; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
If ACES incorporates an embed option in connection with the Video Player, you may not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to ACES (in ACES's sole discretion), or (ii) links to infringing or unauthorized content. You also may not embed the Video Player into any hardware or software application, even for non-commercial purposes. ACES reserves the right to prevent embedding on any website or other location that ACES finds inappropriate or objectionable (as determined by ACES in its sole discretion) or for any other reason.
To access the ACES Services, you will need to use a computer, mobile device, or other device that meets the system and compatibility requirements that we establish from time to time (each, a "Compatible Device"). Features and functionalities that we make available through the ACES Services may differ by Compatible Device.
To access the ACES Services, you must have an internet connection from an internet service provider that meets certain technical specifications. Please note that some of the ACES Services may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the ACES Services. Your use of the ACES Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.
You acknowledge and agree that ACES owns and retains all rights to the ACES Services. You further agree that the Content you access and view as part of the ACES Services is owned, licensed, and/or controlled by ACES, WNBA Enterprises, LLC ("Enterprises"), and/or the Women's National Basketball Association ("WNBA"). The ACES Services and the Content are protected by copyright, trademark, and other intellectual property laws. Nothing contained in these Terms of Use or on the ACES Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use the ACES Services or any Content in any manner not expressly contemplated herein without the prior written consent of ACES or such third party that may own the Content or intellectual property displayed on the ACES Services. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, SCRAPING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER USE OR MISUSE OF ANY CONTENT IS STRICTLY PROHIBITED. Any use of the Content other than as permitted by these Terms of Use will violate these Terms of Use and may infringe upon our rights or the rights of the third party that owns the affected Content.
You may not use the ACES Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you send spam, advertising, or other unsolicited communications of any kind through the ACES Services, you acknowledge that you will have caused substantial harm to ACES and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay ACES $50 for each actual or intended recipient of such communication.
ACES do not knowingly accept, via the ACES Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. ACES requests that you do not make any unsolicited submissions. If you do, please be aware that no material you send to ACES will be treated as confidential, and you agree that we shall have the right to add to, subtract from, create derivative works based on, change, revise, rearrange or otherwise edit the submission and otherwise use the submission, in whole or in part, for any purpose, and in any and all media now known or hereafter devised throughout the universe in perpetuity without attribution or compensation to you. By sending an unsolicited submission, you hereby waive the right to make any claim against ACES and its officers, directors and employees related to the submission, including, without limitation, any and all claims unfair competition, breach of contract (express or implied in fact or in law), breach of fiduciary duty, or breach of confidentiality.
ACES may change, suspend or discontinue any ACES Service, in whole or in part, at any time, with or without notice, and for any reason or no reason at all. Short of discontinuing a ACES Service altogether, we regularly make changes to the ACES Services. The availability of the Content, as well as the Compatible Devices through which the ACES Services are available, will change from time to time. The composition of the Content library and other Content offered at the time you register for a Subscription Service may not reflect the Content library that will be offered throughout your Subscription and should not be relied upon. ACES reserves the right to replace or remove any Content available to you through the ACES Services, including specific titles and networks/channels, and to otherwise make changes in how we operate the ACES Services. Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third parties, certain Content that may be available through one access point may not be available through another access point. We reserve the right to change, suspend, or discontinue – temporarily or permanently – some or all of the ACES Services (including the Content and the Compatible Devices through which any ACES Service is accessed), with respect to any or all users, at any time without notice. In our continued assessment of the ACES Services, we may from time to time, with respect to some or all of our users, experiment with or otherwise offer certain features or other elements of the ACES Services, including but not limited to promotional features, user interfaces, plans, pricing, in-application purchases, enhanced display resolution, and advertisements. You acknowledge that ACES may do so in ACES's sole discretion at any time without notice. You also agree that ACES will not be liable to you for any modification, suspension, or discontinuance of any ACES Service, although if you are a Subscription Service subscriber and ACES suspends or discontinues your Subscription to the Subscription Service without cause, then as your sole and exclusive remedy ACES may, in its sole discretion, provide you with a credit, discount or other form of consideration (for example, we may add additional days to your Subscription). However, if ACES terminates your Subscription or suspends or discontinues your access to the Subscription Service or any other ACES Service due to your violation of these Terms of Use, then you will not be eligible for any such credit, discount, or other consideration.
If we can be of help to you, please do not hesitate to contact our customer service department by clicking here or visiting Aceslive.tv/faq. We aim to deliver first-class customer service, but in the unlikely event that a customer service representative provides information that conflicts or is inconsistent with these Terms of Use, please be aware that these Terms of Use will prevail, govern and control. Without limiting the disclosures included in our Privacy Policy, customer service calls and other interactions, including chat sessions, may be monitored, recorded, and reviewed by us and our third party providers to respond to your requests, service your Account, and for quality, training and improvement purposes. Without limiting the generality of the foregoing, the content of your interactions with customer service may be recorded and transcriptions of those recordings may be stored and retained indefinitely and used to improve the ACES Services and to train artificial intelligence technologies. By using or otherwise interacting with our customer service department and our third party providers you expressly acknowledge and consent to such recording, retention, and use.
ACES may offer users of the ACES Services the ability to interact with chatbots or search features that are powered by artificial intelligence as well as other features that may have been generated using artificial intelligence such as foreign language translations and audio versions of text-based Content ("AI Features"). When using these AI Features, you are interacting with artificial intelligence, not with a human being. The prompts and messages that you type into such AI Features constitute "User Content" as defined in these Terms of Use. Without limiting the disclosures included in our Privacy Policy, AI chat sessions may be monitored, recorded, and reviewed by us and our third party providers to generate responses to subsequent prompts in the same chat session, to respond to requests, and for quality, training, and improvement purposes. Without limiting the generality of the foregoing, the prompts and responses in your chat sessions may be recorded and transcriptions of those recordings may be stored and retained indefinitely and used to improve the ACES Services and the AI Features themselves and to train other artificial intelligence technologies. By using or otherwise interacting with such AI Features, you expressly acknowledge and consent to such recording, retention and use.
Please note, artificial intelligence capabilities are learning and evolving in real time, and because of that, the responses you receive when using such AI Features may contain grammatical or substantive inaccuracies. Without in any way limiting the generality of the other terms of these Terms of Use, WE STRONGLY ENCOURAGE YOU REVIEW THE SOURCES CITED BY AI FEATURES OR CONDUCT YOUR OWN INDEPENDENT RESEARCH AND EXERCISE APPROPRIATE JUDGMENT BEFORE RELYING ON ANY INFORMATION PROVIDED BY AI FEATURES.
ACES may elect, from time to time and in its sole discretion, to provide one or more chat or conversation areas, message boards, bulletin boards, commenting fields, e-mail functions, instant messaging service, voicemail, and other interactive areas as part of the ACES Services (collectively, the "Forums"). For clarification, in the event you access one of these Forums using an account associated with an ACES Affiliate, the terms of this section will still govern and control the use of the Forums. Forums are provided by ACES to you and others subject to these Terms of Use, the "Community Guidelines" (as defined below), the Privacy Policy, and other rules that may be published from time to time by ACES in its sole discretion. The posts, messages, content or other information you post, upload, transmit, email, or otherwise make available on, through or in connection with the Forums or the ACES Services shall constitute "User Content" hereunder. The individual who posts such User Content is responsible for the reliability, accuracy, and truthfulness of such User Content, and ACES has no control over the same and shall not be responsible for any decisions made based on such User Content. Additionally, ACES has no control over whether any such User Content is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
ACES do not endorse the User Content in the Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content provided through a Forum.
ACES do not and cannot review every message posted by users in the Forums and is not responsible for the substance of these messages or the views or opinions expressed by the users of the Forums. ACES reserves the right, but not the obligation, to delete, move or edit User Content, in whole or in part for any reason in ACES's sole discretion. In addition, ACES may delete, move, edit or disclose User Content when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of ACES or to protect the safety of our users or the public. ACES do not assume any obligation to monitor the Forums or remove any specific material.
Information disclosed in the Forums is revealed to the public by design. You understand that the uploading to and/or posting of any User Content in any Forum shall not be subject to any obligation of confidence on the part of ACES, and ACES shall not be liable for any use or disclosure of any User Content. In consideration for your use of the Forums and functionality, you agree to comply with the "Community Guidelines" set forth below. Without limiting ACES's other rights and remedies, individuals who violate the following Community Guidelines may, at ACES's sole discretion, be banned from using the Forums and/or the ACES Services entirely.
The Account Holder is entirely responsible and liable for all activities conducted by users of the Account Holder's Account, including the transmission, posting, or other provision of User Content. Listed below are some, though not all, activities that may result in ACES terminating or suspending your access to a Forum or your Account. You agree not to use the ACES Services or any Forum to do any of the following ("Community Guidelines"):
By posting or uploading User Content to the ACES Services, any Forum or submitting any other User Content to ACES, you automatically grant (or warrant that the owner of such rights has expressly granted) ACES a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to reproduce, modify, adapt, publish, publicly perform, translate, sub-license, create derivative works from, exploit, distribute and otherwise use such materials or incorporate such User Content in or in connection with the ACES Services or by or in any other media or technology now known or later developed throughout the universe in perpetuity. In addition, you represent and warrant that any and all User Content you upload, post, transmit, send, share, store, distribute, or otherwise make available on the ACES Services complies with Applicable Law and each of the foregoing Community Guidelines.
You are solely responsible for your interactions with other users of the ACES Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.
For information about ACES's policies and practices regarding the collection and use of your information, please read our Privacy Policy by visiting aceslive.tv/privacy-policy. The Privacy Policy is incorporated by reference and made part of these Terms of Use. If ACES sells, assigns or otherwise transfers all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of the ACES Services, in whole or in part, ACES may transfer your Account or other information to the party or parties involved in the transaction as part of that transaction.
ACES takes no responsibility for and does not endorse any third party advertisements or any third party material that appears before, during or after Content stream or that is posted or otherwise appears on any access point where the ACES Services is available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the ACES Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that ACES is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, ACES is not responsible for such information or transaction, and we encourage you to read the Terms of Use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.
The ACES, Enterprises, and WNBA respective names, logos, and other marks, graphics, logos, scripts, and sounds appearing on or in conjunction with the ACES Services are trademarks of ACES, Enterprises, and/or WNBA. None of the ACES, Enterprises, and/or WNBA trademarks may be copied, downloaded, or otherwise exploited.
20.1 Disclaimer of Warranties.
The ACES Services are provided "as-is" and "as available" and ACES do not guarantee or promise any specific results from use of or continuous availability of the ACES Services. To the fullest extent permitted by applicable law, ACES and the ACES Affiliates expressly disclaim any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied from a course of performance or course of dealing. Without limiting the generality of the foregoing, ACES and the ACES Affiliates make no warranty that your use of the ACES Services will be uninterrupted, timely, secure or error-free, that defects affecting the ACES Services will be corrected, that the ACES Services or the servers on which they are available will be free of viruses or other harmful components, or that any information obtained by you on, through or in connection with the ACES Services or third-party providers (including, but not limited to, through User Content or third-party advertisements) will be accurate, reliable, timely or complete. To the fullest extent permitted by applicable law, you hereby release ACES and the ACES Affiliates from, and agree that ACES and ACES Affiliates will not be responsible for, any loss or damage (including but not limited to loss of data, property damage, personal injury or death) resulting from use of the ACES Services, problems or technical malfunctions in connection with the ACES Services, attendance at a ACES event, any material downloaded or otherwise obtained in connection with the ACES Services, any User Content, any third-party advertisement or third-party service transmitted on, through or in connection with the ACES Services, or the conduct of any users of the ACES Services, whether online or offline (collectively, the "Released Matters"). Your use of User Content, third-party advertisements, third-party providers and the goods or services provided by any third parties is solely your responsibility and at your own risk.
You acknowledge and agree that your use of the ACES Services, and any information transmitted or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. To the fullest extent permitted by applicable law you assume responsibility, to the fullest extent allowed by applicable law, for the entire cost of any maintenance, repair or correction to your computer system, Compatible Device or other property or recovery or reconstruction of lost data necessitated by your use of the ACES Services.
20.2 Limitation of Liability.
Notwithstanding anything to the contrary contained herein, to the fullest extent permitted by applicable law, ACES's and the ACES Affiliates' liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to ACES or a Payment Services for the ACES Services during the term of your use of the ACES Services. To the fullest extent permitted by applicable law, ACES will not be liable to you or any third party for any damages other than the amount paid, if any, by you to ACES or any Payment Service for the ACES Services during the term of your use of the ACES Services, including any other general, direct, indirect, compensatory, consequential, exemplary, incidental, special or punitive damages, and including, without limitation, lost profit damages arising from your use of or inability to use the ACES Services.
You acknowledge and agree that any damages you incur arising out of ACES's or the ACES Affiliates' acts or omissions or your use of the ACES Services are not irreparable and are insufficient to entitle you to an injunction or other equitable relief restricting the availability of or any person's ability to access any portion of the ACES Services.
The limitations in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ACES has been advised of the possibility of any such damages. For clarification, these Terms of Use do not limit ACES's liability for fraud, fraudulent misrepresentation, death, or personal injury to the extent that applicable law would prohibit such a limitation.
By accessing the ACES Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows:
"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 or her settlement with the debtor."
You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these Terms of Use to release fully, finally and forever all Released Matters under these Terms of Use. In furtherance of such intention, the releases set forth in these Terms of Use shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.
20.3 Indemnity.
You agree to indemnify and hold ACES, its current or former Affiliates, Cleeng, WNBA, Enterprises, NBAP, NBA Media Ventures, NBA Digital, and the other WNBA teams, Dolby Laboratories, Inc., and each of their respective licensors, subcontractors and other partners, any predecessor or successor entity to any of the foregoing, and each of their respective officers, directors, employees, members, agents and partners harmless from and against any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third-party arising out of, related to or in connection with a breach (or allegation that, if true, would constitute a breach) of your representations, warranties, covenants, obligations or agreements hereunder; your violation of these Terms of Use or any Applicable Law; your use of the ACES Services and/or the Content in violation of these Terms of Use; information or content posted or transmitted through your Account, even if not submitted by you, that violate or infringes upon any copyright, trademark, trade secret, trade dress, patent, right of publicity, right of privacy or other right of any person or entity or defames any person or entity; and any misrepresentation made by you. You will cooperate as fully and as reasonably required in ACES's defense of any claim that is subject to indemnification. ACES reserves the right to assume the exclusive defense and control of any claim or matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of ACES.
ACES respects the intellectual property of others and requires that our users do the same. ACES has a policy that provides for the termination in appropriate circumstances of users of the ACES Services and Account Holders of the Subscription Services who are repeat infringers. ACES also reserves the right to remove or disable access to any transmission of Content or User Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.
If you believe that any materials residing on or linked to from any ACES Service infringes your copyright, you must send a written notification of claimed infringement that contains substantially all of the following information to the ACES Copyright Agent:
ACES's notification of a claimed infringement can be reached as follows:
This contact information is exclusively for the purpose of notifying ACES of claimed copyright infringement. Please be advised that requests sent to the Copyright Agent without the appropriate subject line or for purposes other than communication about copyright claims may not be reviewed or responded to. Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
The ACES Services may provide, or third parties may provide, links to other websites, apps, resources or other services created by third parties (collectively, "Third-Party Services"). When you engage with a Third-Party Service, you are interacting with the third-party, not with ACES. If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your information in accordance with the Third-Party Service's privacy policy and your privacy settings on such Third-Party Service. In addition, the third-party providing the Third-Party Service may use other parties to provide portions of the apps or service to you, such as technology, development or payment services. ACES is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the ACES Services does not imply approval or endorsement of the Third-Party Service. ACES is not responsible for the content or practices of any websites other than the ACES Services that link to these Terms of Use, even if the website links to the ACES Services and even if it is operated by a ACES Affiliate or a company otherwise connected with ACES. By using the ACES Services, you acknowledge and agree that ACES is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than ACES Services. When you access Third-Party Services, you do so at your own risk.
So that ACES can maintain the ability to offer you and other users the ACES Services, you and we agree to the following mechanisms for resolving any "Dispute" (as defined below):
a. Dispute. The term "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and ACES, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term "Dispute" specifically includes, but is not limited to, any disputes, actions, claims or controversies between you and ACES that arise from or in any way relate to or concern any Content, the ACES Services, your Account, your Subscription, any advertising, marketing, promotion or publicity of the foregoing, the scope and/or applicability of this Section 23 or any other provision in or aspect of these Terms of Use or any prior versions of these Terms of Use (including their applicability and their conformance to applicable law), and any disputes related to any telephonic, text message, or any other communications either of us sent to or received from the other. The only exceptions to this Section 23 are that: (i) each of you and ACES retains the right to sue in small claims court; and (ii) each of you and ACES may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
b. Mandatory Informal Dispute Resolution Process. You and ACES agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective, and mutually beneficial outcome. Therefore, if either you or ACES wants to bring or resolve a Dispute, you or ACES must follow the Mandatory Informal Dispute Resolution Process as a precondition to the ability to file an arbitration demand or lawsuit:
c. Arbitration Agreement. If you and we do not resolve the Dispute within 60 days of the submission of the Notice in accordance with the Informal Dispute Resolution Process, ACES, including ACES Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute between you and ACES, regarding any aspect of your relationship with ACES, will be resolved in a binding, confidential, and fair arbitration process, and not in court. Thus, you and ACES agree to give up the right to sue in court, including that you and ACES agree to waive their right to a jury trial.
d. Controlling Law Regarding Arbitration Process and Agreement to Arbitrate. These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of the provisions in Section 23 related to the arbitration process. The agreements in Section 23 shall survive the expiration or earlier termination of the Terms of Use. Any original action to compel arbitration under Section 4 of the FAA (or analogous state law, if allowed) must be brought in a state or federal court located in Las Vegas, Nevada, unless mandated by law to be filed in another state or federal court. If the FAA is found to not apply to any issue regarding the interpretation or enforcement of the parties' agreement to arbitrate, then that issue shall be determined by the laws of the State of Nevada, without regard to the conflict of law provisions of the State of Nevada or any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of Nevada. Any arbitration between you and ACES will be administered by the JAMS ("JAMS") pursuant to its then-applicable Comprehensive Arbitration Rules & Procedures, as modified by this Section 23. The JAMS's rules can be found at https://www.jamsadr.com/rules-comprehensive-arbitration. Except in the event of a Mass Filing as described in Sub-Section 23.j. below, the arbitration shall be conducted by a single, neutral arbitrator. If you and ACES cannot agree on an arbitrator, the arbitrator will be appointed pursuant to the JAMS's rules. If JAMS cannot appoint an arbitrator, a state or federal court located in Las Vegas, Nevada may do so under the FAA.
e. Alternative Arbitration Provider. If JAMS is not available to arbitrate, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of Section 23, including those described in Sub-Section 23.j., the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Section 23, including, as applicable, Sub-Section 23.j. This Section 23 will govern to the extent it conflicts with the arbitration provider's rules.
f. Filing Fee and Costs. The initiating party must pay all filing fees for the arbitration. Your and ACES's responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider's rules, unless the arbitrator determines the claims or counterclaims are frivolous. If a claim or counterclaim is determined to be frivolous, the party raising the frivolous claim or counterclaim is responsible for reimbursing the responding party for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim or counterclaim.
g. Waiver of Fees and Costs. You may qualify for a waiver of certain arbitration costs under the applicable arbitration provider's rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, the state court of your residence, or the state court where the arbitration is brought, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, ACES will pay the filing fees for you.
h. You and ACES also agree to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and ACES, including in arbitration and in state or federal court. Therefore:
You and ACES may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, and the arbitrator shall have no power to award class-wide relief. This provision should not be read in any way to limit potential consolidation under Section 23.j(iv) or to limit ACES's ability to settle claims in a class, representative, or multi-claimant proceeding should one be brought.
i. You understand there is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow the dispute resolution process described in Section 23. The arbitrator has exclusive authority to resolve all issues relating to the parties' Dispute. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), provided that they are recoverable under these Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us.
j. Related Cases and Mass Filings. If your Notice involves claims similar to those of at least 25 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, or if ACES provides Notices for 25 or more similar claims or counterclaims against similarly-situated parties, within a period of 90 days or otherwise close in proximity, regardless of the number of arbitration demands that are filed with the arbitration provider pursuant to those Notices, you and we agree that these claims will be related ("Related Cases"), and this shall be called a "Mass Filing." The following procedures will apply to all Mass Filings and will serve solely as a procedural mechanism to facilitate the administration of Mass Filings:
k. Live Testimony. You and ACES agree to appear to testify at any arbitration hearing personally, virtually, or in another manner authorized by law or the arbitration provider. You and ACES agree that failure to appear in one of these forms to testify, constitutes consent to have the arbitrator order that the case be closed immediately for your Claim.
l. Discovery and Information Exchange. Regardless of how the arbitration proceeds, each of you and ACES shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the arbitration provider's rules.
m. Attorney's Fees and Fee Shifting. You and ACES may incur attorneys' fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit(s) the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s). Notwithstanding the forgoing, if there is a finding that any claim, counterclaim, or defense to a claim or counterclaim was frivolous or was brought in bad faith or for an improper purpose, the party making such claim, counterclaim, or defense will be responsible for the attorneys' fees and costs of the other party in responding to such claim, counterclaim, or defense.
n. Restrictions on Forms of Relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party's individual claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive relief are permitted by these Terms of Use. The arbitrator shall have no authority to award punitive, exemplary, multiplied, or consequential damages or any other relief except those allowed under the law and these Terms of Use, including Section 20's Limitation of Liability provisions. The arbitrator also may not order you or ACES to pay any monies to or take any actions with respect to persons other than you or ACES, respectively, unless you or ACES explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order, as applicable.
o. Confidentiality. You and ACES agree to maintain the confidential nature of the arbitration proceeding and shall not disclose any documents exchanged as part of any mediation or arbitration, the arbitrator's decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration including but not limited to the Consolidated Arbitration process outlined in Section 23.j.iv above (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, a court proceeding where you are a necessary party, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, you and ACES agree that an order confirming the award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.
p. Severability of Portions of Section 23. With the exception of Sub-Section 23.h. and Sub-Section 23.j. (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class and the Mass Filing procedure), if any part of Section 23 is deemed invalid, unenforceable, or illegal, then the balance of Section 23 shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, either or both Sub-Section 23.h. or/and Sub-Section 23.j. is found invalid, unenforceable or illegal, then the remainder of Section 23 and this paragraph shall be null and void, but the rest of these Terms of Use, including the provisions governing in which court actions against ACES must be pursued and the choice of governing law will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
q. Court Proceedings. If a court issues a decision precluding or refusing to compel arbitration of any Dispute, the Dispute must be brought in the state or federal courts located in Las Vegas, Nevada, unless otherwise mandated by law to be filed in another state or federal court. ACES shall not be prohibited from settling claims in a class, representative, or multi-claimant proceeding should one be brought.
r. Applicable Dispute Resolution Terms. You and we also agree that to provide a uniform method of dispute resolution, ACES may update these dispute resolution procedures at any time to apply to all Disputes not already yet initiated by you or us as of the date the procedures are updated. Thus, you and we must initiate any Dispute under the version of ACES's dispute resolution procedures that is current as of the date you or we initiate the Dispute, whether or not the Dispute is based on alleged conduct that occurred before the dispute resolution procedures were updated or whether we no longer serve you. ACES'S dispute resolution procedures, including any updates to them, will remain publicly accessible for review by all current and former users. If this provision is deemed invalid, inapplicable, unconscionable, or otherwise unenforceable, you and we are required to resolve our Disputes through the last version of ACES'S dispute resolution procedures to which we are deemed to have agreed.
You and we agree that any cause of action you or we may have arising out of or related to these Terms of Use, the ACES Services, or the Content must be commenced within one (1) year after such cause of action accrues. After such period, such cause of action and the conduct complained of shall become incontestable and the ability to pursue such cause of action shall be permanently barred.
These Terms of Use will be governed by, and construed in accordance with, the internal laws of the United States of America and the State of Nevada, without regard to the conflict of law provisions of the State of Nevada or any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of Nevada.
Except with respect to Disputes to be resolved through the process in accordance with Section 23 above, you and ACES agree to submit to the exclusive jurisdiction of the federal or state courts located in Las Vegas, Nevada, unless otherwise mandated by law, to resolve any Dispute arising out of the Agreement or the ACES Services.
You hereby knowingly, voluntarily and intentionally waive any right you may have to a trial by jury in respect of any litigation (including, but not limited to, any claims, counterclaims, cross-claims, or third-party claims) arising out of, under or in connection with these Terms of Use, the ACES Services, or any Content.
26.1 United States Jurisdiction. ACES is based in the United States of America and the ACES Services are hosted in the United States. ACES makes no representation that you will be able to access the ACES Services in any particular jurisdiction, either within or outside of the United States. ACES also does not represent that the Content or any ACES Service is appropriate (or, in some cases, available) for use in other locations. If you use the ACES Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the ACES Services.
26.2 Export Controls. Software available in connection with the ACES Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the ACES Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. By accessing the ACES Services, you confirm that you are not subject to sanctions imposed by the U.S., and you are not considered by the Office of Foreign Assets Control (OFAC) to be a specially designated national.
26.3 No Waiver/Reliance. The failure of ACES to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. If we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, ACES's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if ACES acts in a way that appears to you to be inconsistent with these Terms of Use, ACES's action shall not be deemed a waiver or constructive amendment of these Terms of Use
If you see other parties violating these Terms of Use, we would appreciate it if you would let us know at info@lasvegasaces.com or by mail to: 1415 Raiders Way, Suite 110, Henderson, NV 89052. Precisely how ACES responds to a party that is violating these Terms of Use will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon ACES's precise response with respect to one party or one situation as any indication of what ACES might do with respect to another party or another situation, even if the parties or situations appear to you to be similar.
If Content takes the form of advertising, marketing, promotional or publicity materials that are intended for further distribution by journalists, news outlets, bloggers or other third parties, that Content will constitute a "Marketing Asset". Content will be clearly identified as a Marketing Asset. If Content is not clearly identified as a Marketing Asset, then it does not constitute a Marketing Asset. Any person or entity who accesses Marketing Assets through the ACES Services agrees to the following:
27.1 Requirements. The Marketing Assets may be used only by or on behalf of the user who accessed them and only in accordance with the following "Requirements": (i) the Marketing Assets may not be altered, edited or modified and may be used only to promote the ACES Content to which the Marketing Assets relate and the availability of such ACES Content (including tune-in information) on any media channel or other distribution platform authorized to exploit such ACES Content; (ii) the Marketing Assets will not be used to present or portray ACES, any ACES Content, or any person who appears in or is the subject of the Marketing Assets or any ACES officers, directors, employees, or representatives, in a manner that a reasonable person would view as derogatory or disparaging or in a manner that ACES considers to be objectionable in its sole and absolute discretion, and (iii) all uses of the Marketing Assets must comply with any additional "Usage Restrictions", if any, that the applicable ACES Service says apply to the Marketing Assets.
27.2 User Representations and Warranties. Each user accessing the Marketing Assets represents and warrants that he or she has the power and authority to agree to these Requirements in his or her individual capacity and on behalf of such person's employer, if such user is accessing the ACES Services in connection with his or her professional duties. Each user accessing the Marketing Assets further represents and warrants that: (i) he or she will comply with the Requirements placed on the use of the Marketing Assets; and (ii) the "User Materials" (as defined below) shall comply with all applicable laws, rules and regulations and shall not violate or infringe upon the rights of any third party. As used herein, the term "User Materials" shall mean any materials that the Marketing Assets are used with or anything that is added to the Marketing Assets by user or on the user's behalf.
27.3 ACES makes no guarantee that the Marketing Assets on the ACES Services are accurate and is not responsible for any errors or omissions in the Marketing Assets. The Marketing Assets are provided "as is" and "as available" and ACES disclaims all warranties of any kind, whether express or implied, related to the Marketing Assets, including, but not limited to, the implied warranty of merchantability or fitness for a particular purpose and any implied warranties arising from course of dealing or course of performance.
If you attend a ticketed or other event that is organized by or on behalf of ACES (each, an "Event"), you acknowledge that it is a private event. Schedule is subject to change, attendance is limited, and ticket sales are accommodated on a first come, first served basis. Cost of transportation to and from the Event will not be provided. Government-issued photo identification may be required to gain entry to the Event. Unless otherwise stated on materials related to the Event, the Event is ages 18+. No political shirts or paraphernalia allowed. No weapons allowed. The Event may be closed to the press. No recording of the Event is permitted. No posters/signs or flags/banners will be permitted.
By attending the Event, you grant ACES and the other organizers, and those acting under their authority, the right to film or photograph your attendance and activities at the event and use such footage or photographs, including your name, voice, likeness or activities as they appear therein, to directly or indirectly publicize and promote the event and/or any other program or project produced by or on behalf of organizers in all media now known or hereafter discovered, worldwide and on the Internet, in perpetuity, without notice, review, approval or compensation.
ACES and the other organizers and those acting on their behalf have the discretion to refuse admission to this event to any person for any reason. By attending the event, you and your heirs, executors, administrators, successors and assigns hereby release, waive, discharge, and agree to indemnify and hold harmless ACES, its parents, subsidiaries, affiliated companies, officers, directors, equity holders, employees, successors and assigns (collectively, the "organizers"), from any and all causes of action, claims, demands, damages, costs, expenses, and compensation for injury, damage(s) or loss to you or your personal property that may be caused by any act, failure to act, omissions, or negligence of the organizers. You knowingly and voluntarily assume any and all risks, agree and acknowledge that participation in the Event/program is of your own free will and completely voluntary regardless of anything stated or implied.
You agree to comply with all directions of organizers, those acting on their behalf, and security personnel. The organizers and those acting on their behalf respectfully reserve the right to refuse admission at any time for disorderly/offensive conduct or failure to comply with the recording rules or Applicable Laws.
The Paragraph or Section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Except as otherwise expressly provided herein, if any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices ACES may be required by Applicable Law to send to you will be effective upon ACES's sending an e-mail message to the e-mail address you have on file with ACES or publishing such notices on the informational page(s) of ACES Services. Additionally, from time to time, we may communicate with you about the ACES Services and these Terms of Use electronically (e.g., emails to your registered email address, notices on the ACES Services and other access points). You consent to receive electronic communications from ACES and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records. Beyond that, to the extent permitted by Applicable Law, you also consent to receive electronic promotional messages, offers, surveys and other materials. You acknowledge and agree that such promotional texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Agreeing to receive these promotional texts is not a condition of purchasing any goods or services. If at any time you no longer want to receive promotional communications, you can opt out by following the instructions provided in the message.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ACES as a result of these Terms of Use or your use of the ACES Services. These Terms of Use are an agreement between you and ACES and are personal to you and, except for Apple as set forth above, no third party is entitled to enforce or benefit under it.
A printed version of these Terms of Use and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent as contracts or other business documents and records originally generated and maintained in printed form.
Nothing contained in these Terms of Use limits ACES's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ACES Services or information provided to or gathered by us in connection with such use.
These Terms of Use, along with the Privacy Policy and any other policies expressly incorporated into these Terms of Use by reference, constitute the entire agreement between you and ACES with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements between the us with respect to the subject matter hereof. These Terms of Use may not be amended, nor any obligation waived, except in writing by an authorized representative of ACES.
By accessing the ACES Services, you confirm that you have read these Terms of Use and agree to all of the provisions contained above.
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