Terms and Conditions
PLEASE READ THE TERMS AND CONDITIONS (“TERMS”) CAREFULLY AS THEY MAY HAVE BEEN REVISED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY RESPONDING TO THE MORGONGO RIGHTS-REQUEST, AND IMPLEMENTING THE DESIGNATED HASHTAG (#YesMorongo) (“HASHTAG”) WITHIN YOUR RESPONSE, YOU ACCEPT ALL TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WAIVING ALL RIGHTS AND BENEFITS WHICH MAY BE CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT IMPLEMENT THE DESIGNATED HASHTAG IN YOUR RESPONSE TO THE RIGHTS-REQUEST OR COMPLETE THE REGISTRATION PROCESS.
By either (1) responding to the Morongo rights-request with the Hashtag (“Responding”) or (2) completing registration either in response to a request of rights via registration or completing the customer initiated registration process and agreeing to be bound by the terms and conditions (“Registering”) (collectively, Rights Request and Registration are hereinafter referred to as “Accepting the Terms”), I grant to Morongo Casino Resort Spa (“MCRS”), a non-exclusive, perpetual, irrevocable, transferrable, worldwide, and royalty-free right and license, to (1) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or work, publish, translate, publicly perform, publicly broadcast and publicly display user-generated content which I have approved for MCRS's use (“Content”), in whole or in part, in any format or medium now known or later developed, at MCRS’s sole and absolute discretion, including without limitation on MCRS’s website, print or online advertising, and/or social media site(s); and (2) use (and permit others to use) the Content in any manner and for any purposes, including without limitations: marketing, advertising, commercial or promotion purposes that MCRS or their affiliates deem appropriate at MCRS’s sole and absolute discretion; in exchange for valuable consideration, the receipt and sufficiency of which is expressly acknowledged.By Accepting the Terms, I agree that (1) MCRS is not required to host, display, or distribute any Content anywhere and may remove Content at any time or refuse Content for any lawful reason; (2) MCRS is not responsible for any loss, theft, misuse, or damage of any kind to the Content; and (3) I will not impersonate any person or entity or falsely state or otherwise misrepresent affiliation with a person or entity. I understand and agree that MCRS has created a limited public forum which is limited to Content related to Morongo Casino Resort Spa.
By Accepting the Terms, I represent and warrant that (1) I own all rights in and to the Content and that I have the necessary authority to grant the aforementioned license, or, in the alternative, I represent and warrant I am authorized to and otherwise possess all rights necessary to grant the license to the Content to the MCRS; (2) that the Content does not contain any libelous material; infringe upon any trade name, trademark, or copyright; or invade or violate any right of privacy, personal right, or other common law or statutory right; (3) the Content is related to Morongo Casino Resort Spa; (4) I have not granted any person or entity any rights to the Content which would be in conflict with the grant of rights herein, and that I am unaware of any facts that would put a reasonable person on notice of the likelihood of any claims in connection with the Content; and (5) I am at least eighteen (18) years of age and have the legal right to enter into this agreement.
I understand that I will not be compensated or granted any additional consideration or compensation by MCRS or any third party, now or in the future, for submitting the Content and granting the license.
I agree to defend, hold harmless and indemnify the MCRS, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, expenses, liabilities, or injuries, whether direct or indirect (including any and all costs and expenses, including attorney’s fees, in connection therewith), in connection with the grant or rights described herein and warranties given hereunder except for any such claim arising out of the sole negligence or willful misconduct of the MCRS, its officers, agents, employees or volunteers.
I hereby voluntarily waive any and all rights I may have to sue or otherwise pursue any action or claim against the MCRS related in any way, either directly or indirectly, to the MCRS’s use of the Content except as such use is contrary to these Terms. This waiver waives all rights and benefits I may have pursuant to . Section 1542 of the California Civil Code, which reads as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
I understand and agree that MCRS may, at its sole discretion, change these Terms and conditions at any time. Any such change will be posted on https://www.morongocasinoresort.com/yesmorongo-terms-and-conditions.
Nothing herein is intended to create, nor shall it be deemed or construed to create, a principal‑agent relationship between myself and MCRS, nor shall I, at any time, or in any manner, represent that I am in any manner an agent or employee of MCRS. I understand and agree that I shall have no authority, expressed or implied, to act on behalf of MCRS in any capacity whatsoever, nor shall I have any authority, expressed or implied, to bind MCRS to any obligation whatsoever.
Finally, I represent and warrant that I have had the opportunity to seek the advice of a qualified attorney before executing these Terms, or I have knowingly and intelligently elected not to seek such counsel.Last Revised on August 25, 2021