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