TERMS AND CONDITIONS

The “Terms and Conditions” set out below were updated and are effective as of June 22nd, 2021. Please read these Terms and Conditions carefully before using this website. By using this website, you agree to accept and be bound by these Terms and Conditions as between you and Seneca Gaming Corporation, owner of the trademark IPLAYSENECA.COM®. If you do not agree to these Terms and Conditions, do not use this website. This website is provided by Seneca Gaming Corporation in partnership with GAN Nevada, Inc. (“GAN”), a wholly-owned subsidiary of GAN (UK) Limited (“GAN UK”). All content contained on this website is owned and is copyright © GAN, 10801 W. Charleston Blvd, Ste 125, Las Vegas, NV 89135 or GAN UK, 165 Fleet Street, London EC4A 2DY. Save where otherwise stated, Seneca Gaming Corporation shall be referred to as “iPlaySeneca.com”, “us”, “we” or “our” and you are referred to as “you” or “your”. This website, the games available on it (the “Game” or “Games”), and the underlying software and hardware platform is wholly hosted in GAN’s secure data center in Nevada

2.1 Free Play

This website and the Games offered herein, are made available to eligible customers on a free-to-play basis and customers may elect to purchase additional virtual credits for their convenience and at their discretion. There is no distinction made in any game between freely issued virtual credits and those purchased for convenience.

2.2 No Prizes

The Games offer no monetary prizes or anything else that has independent marketable value.

2.3 Other Compliance

You may be awarded amounts of virtual currency or virtual goods (together referred to in these Terms and Conditions as “Virtual Credits”) which can be used in order to access and play the Games. You may elect to pay real money to acquire additional amounts of Virtual Credit in order to continue playing or commence playing one or more of the Games. Virtual Credits awarded to or purchased by you cannot be withdrawn, transferred, refunded, or shared in any way. Furthermore, Virtual Credits cannot be translated into money and have no cash value.

You cannot win money or money’s worth from your use of the Games in any manner whatsoever and accordingly this website is not enabled for Internet gambling nor does this website offer real money Internet gaming or gambling in any form or format whatsoever.

Subject to your compliance with these Terms and Conditions, you are granted a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Virtual Credits within the website solely for your personal non-commercial entertainment purposes. Except for the foregoing license, you hereby accept that you have no right, interest, or title in or to any such Virtual Credits or any other attributes associated with the use of the Virtual Credits on the website, and Seneca Gaming Corporation and GAN have the absolute right to manage, regulate, remove, control, modify and/or eliminate such Virtual Credits as we see fit and neither Seneca Gaming Corporation iPlaySeneca.com nor GAN shall have any liability to you and anyone for the exercise of such rights, except as may be required by any applicable law or regulation.

This website is not licensed or approved by or registered with the Seneca Gaming Authority for “real money” Online Gaming and is offered to you for amusement purposes only.

3.1 This website and participation in the activities on this website are restricted in the following circumstances: Participation in the activities and games is open only to residents of those jurisdictions where such participation is legal and not prohibited by law, including by reason of age. You cannot play under any circumstances if you are not at least twenty-one (21) years of age, or not otherwise prohibited by these Terms and Conditions. The website is for use within the United States by those 21 years old or older. Any use by anyone else is prohibited and may result in (1) suspension of the account, (2) deletion of the account, or (3) voiding of any award of any Virtual Credits.

3.2 You must be a resident of the United States of America, but must not reside in Alaska or Washington State (the “Excluded States”). You will qualify as a resident of one of the Excluded States if you are registered as a resident in that Excluded State for tax, voting, or welfare purposes or for any other reason that we may deem to be sufficient evidence that you are a resident of one of the Excluded States. You must not be physically located in any of the Excluded States whilst participating in the activities on this website whether or not you are a resident of the Excluded State.

3.3 In order to avoid minors playing on this website, we reserve the right to carry out verification checks to verify the information provided by you. We may undertake a search with a third party for the purpose of verifying that you are at least 21 years of age. Where we are unable to verify that you are 21 years of age or over, we reserve the right to ask you for proof of age, satisfactory to iPlaySeneca.com at our sole discretion. If we are unable to confirm that you are aged 21 or over, then we will not be able to open an account for you until satisfactory proof of your age is provided.

3.4 With respect to players who reside outside the United States, you may not seek to register and/or open an account within this website and in the event, you circumvent the technical blocking systems employed by iPlaySeneca.com or its designees, to prevent access by residents of countries outside the United States your account will be subject to immediate closure and you will forfeit any and all Virtual Credits contained therein.

3.5 iPlaySeneca.com and its designees reserve the right to carry out local research and to check with local authorities if you fail to produce evidence of your identity within 30 days of a request by iPlaySeneca.com and in the event, you fail to produce evidence of your identity we reserve the right to close your account and cancel or expire or confiscate all Virtual Credits in your account.

4.1 The Games found on this website are a mixture of:

> Person-to-person or multi-player games; and

> Single-player games.

4.2 You accept and recognize that the Games are provided for entertainment purposes only and do not afford opportunities to win prizes, money, or other forms of real currency or goods for any particular game outcome.

4.3 The Games offered on this website do not replicate the odds of winning or the payouts of similar real money games found in casinos or on licensed online gaming websites. Therefore, any success with the Games does not imply further success in real money gambling.

• 5.1          After a one player Game begins, it will continue until:
•     > you win;
•     > you lose;
•     > you resign; or
•     > your connection is terminated for any reason or the game window is closed.
• 5.2          In the event of a multi-stage single-player game where there is still active play of Virtual Credits on the table, the Game state may be stored and resumed at a later date.
• After a person-to-person Game begins, it will continue until:
•     > you win;
•     > you lose;
•     > you resign; or
•     > your connection is terminated for any reason in which case you will be deemed to have lost the Game if you cannot reconnect to the Game while it is still in progress (please see the terms of our disconnection policy as set out below). If you lose your connection certain Games will allow your session to resume and you will be able to login to the website, re-launch the Game and continue playing. If you do not re-connect to continue an interrupted Game within thirty (30) days your Virtual Credits for such interrupted Game will be deducted or forfeited to iPlaySeneca.com.
• 5.3          In the event that:
•     > a disconnection occurs; or
•     > you close the Game-lobby window (which closes all Game tables); or
•     > you close the Game-table window,
• your Game will be paused and your opponent notified of your disconnection. If you log back in and re-enter the Game lobby within two (2) minutes you will be given the opportunity to rejoin your Game table (the “Disconnect Protection”). If you do not reconnect within the two minute period you will be deemed to have lost and your Virtual Credits will be deducted or forfeited.
• 5.4          Our software will attempt to detect whether there has been a genuine disconnection. If you try to claim Disconnect Protection by simply getting 'timed out', you will be deemed to have resigned from the Game. Disconnect Protection is not to be used for any purpose other than a genuine disconnection. Any intentional disconnections from the virtual Game lobby or virtual Game table may result in forfeiture or deductions of Virtual Credit winnings, or expulsion from the website.
• 5.5          In the unlikely event a real Game in progress is canceled solely due to technical issues of our website, all players will be automatically refunded their Virtual Credit buy-ins, regardless of the players’ standing when the Game was stopped. We reserve the right to render final decisions on all matters concerning Game terminations or stoppages or other Game determination issues, at our sole discretion subject to any applicable laws and regulations. Refunds may be communicated via electronic mail or via the website.

We reserve the right, in our sole and absolute discretion and without liability, to cancel or suspend a Game should a virus, bug, worm, communication or server failure occur or for any other reason, we deem necessary.

7.1 It is your responsibility to safeguard your account access details from any unauthorized use and we recommend that you change your password on a regular basis. You also agree that you will not lend or transfer your account login details to any third party. You must fulfill all commitments made on your account in the course of using the website and are responsible for all communications from your account with us.

7.2 We are not required to maintain usernames or passwords and if you misplace, forget, or lose your username or password or are otherwise unable to enter this website, we will not be responsible and will not be held liable for any claims regarding your account. However, if you forget your password, you may request a password reset and we will send email instructions for changing your password to the registered email address.

We reserve the right to modify and/or amend any of these Terms and Conditions from time to time as we deem fit. The Terms and Conditions contained herein may be modified and/or amended without notice to you. Any such modifications and amendments will take effect upon posting in the "Terms and Conditions" section of this website. You should check the website from time to time to review these Terms and Conditions because they are binding on you and your account. By your continued play and maintaining an account you agree to the then current terms and conditions of this website.

By doing any of the following things:

> entering the website;

> opening and using an account on the website; and

> playing Games on the website,

you hereby represent, warrant and certify all of the following:

> you are not required to participate in the Games;

> participation in the Games, if elected by you, is at your sole option, discretion and risk;

> you fully understand, agree to, become a party to and shall abide by all rules, regulations, terms and conditions contained herein as such rules, regulations, terms and conditions may change from time to time;

> you have the full, complete and unrestricted legal right to participate in the Games for amusement purposes only and your participation in the Games is not prohibited in your jurisdiction or by any other local rule, regulation or law;

> you are at least 21 years of age;

> you have only one account, username and password with iPlaySeneca.com for all of the websites run by us and understand that your account may be closed if you are deemed to be operating more than one account or username, or as otherwise set out under these Terms and Conditions;

> you shall not allow any other person or third party including, without limitation, any person under the age of 21, to participate in the Games; use or reuse your account; access and/or use any materials or information from the website.

> you understand that you obtain no rights to any trade names, terms, graphics, text, concepts, or methodologies of iPlaySeneca.com, Seneca Gaming Corporation, or GAN, by using the website and the material contained therein;

> your interest in any Game and the website is personal, and not professional;

> your entering of the website is solely for your own personal entertainment and any other entrance, access, use or reuse of this website by you is strictly prohibited;

> you play the Games entirely at your own risk.

> you shall periodically review these Terms and Conditions posted within the "Terms and Conditions" section of the website;

> you shall not participate in the Games, open, use or reuse an account nor enter the website, if you do not fully understand, agree to, become a party to, and shall abide by, without exception, all rules, regulations, Terms and Conditions contained herein, as they may change or be amended from time to time;

> you do not find the Game or the website to be offensive, objectionable, unfair, or indecent;

> you understand that you will receive mailings and/or emails informing you of news and information relating to this website, the Games and/or the land-based casino properties related to Seneca Gaming Corporation from time to time. You can unsubscribe from future mailings at any time in accordance with the Seneca Resorts & Casinos Privacy Policy found at https://senecacasinos.com/privacy-policy/;

> we make no representations or warranties, implicit or explicit, as to the legal right for you to participate in the Games nor shall any of our employees, licensees, distributors, wholesalers, members, parents, affiliates, related parties, subsidiaries, advertising, promotion (or other agencies), media partners, agents or retailers have the authority to make any such representations or warranties;

> you acknowledge that the chat room facility is provided solely to enhance your or your opponent's enjoyment of a Game. You must not use the chat room facility to post any obscene, racist, sexist, defamatory, inflammatory, or otherwise objectionable wording in accord with our Code of Online Conduct set out in Section 16 below. If you do so you will be liable for and will hold Seneca Gaming Corporation and GAN harmless from any loss, damage, cost, or expense of whatsoever nature or howsoever arising therefrom, including but not limited to loss of business, profit, extraordinary or punitive damages, any fines or penalties. We may terminate your Account and your access to any Games for any violations of these conduct terms at our sole discretion;

> you acknowledge that we, without liability or responsibility, may in our absolute and sole discretion:

i) decline to accept the registration of any person, including you, to this website;

ii) restrict, discontinue, suspend or terminate access to the website or play on the website for any reason whatsoever;

iii) may cancel or expire all Virtual Credit promotional awards and confiscate any Virtual Credit winnings derived from tournament entries or wagers associated with any account the access to which has been restricted, discontinued, suspended or terminated pursuant to your breach of these Terms and Conditions as determined in our sole and absolute discretion. You acknowledge such Virtual Credit winnings as forfeited;

iv) actively scan Games on our website to ensure that no players are using any type of 'bot' or additional software in order to give themselves an unfair strategic advantage while playing a Game. We reserve the right to retrospectively cancel or expire all Virtual Credit promotional credit awards and terminate any account and confiscate any Virtual Credit winnings derived from tournament entries or wagers where we have detected, on review of customer's gameplay, that such aids have been used. Our decision, without liability or responsibility on our part, is final on all accounts terminated; and

(v) retire, cancel or expire any Virtual Credit upon either the end of operating Games on the website or upon the replacement of the current Game system on the website with a different Game system on the website.

• 10.1       If you are playing any Game against or seated with other players of the same Games you cannot see or identify those players whom you are playing against or with (other than by username or alias published in the software environment) and they may be:
•     > colluding with other third party players; or
•     > using unfair external factors or influences (commonly known as cheating); or
•     > undertaking fraudulent activities to your disadvantage and their advantage.
• 10.2       Such practices are not allowed and we will take reasonable steps to prevent them.
• 10.3       If you suspect any player is cheating or colluding or undertaking a fraudulent activity you are responsible for reporting the suspected behavior to us immediately by email to [email protected], identifying the player or players’ usernames or aliases involved and including a brief description of their suspect activities. If, following investigation, we determine that your or another player you reported are involved in cheating, we will take reasonable steps to prevent such action.
• 10.4        We reserve the right to terminate your account, withhold or confiscate in full or part (at the unfettered discretion of the customer services staff) the Virtual Credit balance of your account and in doing so recover from your account the amount of any Virtual Credit if:
•     > you are found to be or reasonably suspected to be participating in any form of collusion or fraudulent practice;
•     > we become aware that you have undertaken Virtual Credit gaming with any other online provider of Virtual Credit gaming and are suspected (as a result of such play) of fraud, collusion or unlawful or improper activity;
•     > we become aware that you have begun proceedings to "charge back" a bank card or have denied any of the Virtual Credit purchasing transactions made on your account;
•     > you become bankrupt or have equivalent proceedings occurring anywhere in the world; or
•     > you violate or promote the violation of any applicable laws or regulations or these Terms and Conditions
• 10.5       If we become aware, or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity then we reserve the right to forfeit the amount of that transaction and any other transaction made by you. We shall be under no obligation to provide you with any reasons for so doing.
• 10.6       Where we suspect that you are participating in any form of unlawful activity, collusion or fraudulent practice we reserve the right to report such activity or suspicions to the police or relevant authorities.
• 10.7       Employees of Seneca Gaming Corporation and its subsidiaries may take part in the use and enjoyment of this website including the purchasing of Virtual Credits if they are not prohibited from participating due to restrictions by applicable law or regulation, or as limited by the terms of their employment. 
• 10.8        You may not register or play any Game if you or a member of your household, are or have ever been, an employee of GAN or affiliated companies.

• 11.1       Under no circumstances, including but not limited to, negligence, shall Seneca Gaming Corporation or GAN, or their employees, suppliers or affiliates, be liable for any loss of chance or opportunity, loss of income, loss of use of money, loss or corruption of data, damages (including loss of profit), special, consequential or otherwise, that result from the use of, or the inability to use, this website, even if our representative(s) (authorized or otherwise) has not advised you of the possibility of such loss.
• 11.2       The materials in this website are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, course of dealings, course of performance, usage or trade. Applicable law may not allow for the exclusion of implied warranties and, to that extent only, the above exclusion may not apply to you.
• 11.3       We are not under any obligation to provide the website, or any Game thereon, to anyone, or the opportunity for any person to participate or continue to participate in any Game or tournament and we expressly decline liability for the same.
• 11.4       We do not warrant that the functions contained in the content of this website will be uninterrupted or error-free, that defects will be corrected, or that this website (or the server that makes the website content available) is free of viruses or other harmful components.
• We are not responsible for:
• i) technical, hardware, software, telephone failures of any kind;
• ii) lost or unavailable network connections;
• iii) incomplete, garbled, or delayed computer transmissions; and/or
• iv) any technical or human error which may occur in the processing of submissions which may limit your ability to participate in the website, whether caused by us, by you or by any of the equipment or programming associated with or utilized in the provision of the Games and the website.
• 11.5       We do not warrant or make any representations regarding the use or the result of the use of the materials in this website in terms of correctness, accuracy, reliability or otherwise.
• 11.6       We are not liable for computer malfunctions, nor attempts by you to participate in the Game by methods, means or ways not intended by us.
• 11.7       We are not responsible for lost, late, illegible, incomplete, damaged, mutilated, or misdirected communications, nor for postage due on mail or any other form of communication.
• 11.8       We may collect information about your computer including, where available, your IP address, operating system and browser type.

• 12.1        Any claim relating to this website or these terms and conditions shall be governed by the laws of the Seneca Nation of Indians without regard to any conflict of law provisions.   You consent to the jurisdiction of the courts of the Seneca Nation of Indians to interpret this Agreement and/or to resolve any disputes between the Parties relating thereto. You waive your right to a jury trial, as well as your right to serve as a representative, private attorney general or in any other representative capacity, and to participate in a class action.
• 12.2        This website is operated from a server, or servers, owned by GAN and neither Seneca Gaming Corporation nor GAN makes any representation that the materials or content in this website are:
•     > appropriate; or
•     > available in any particular location.
• 12.3        If you choose to access this website you do so on your own initiative and are responsible for compliance with local laws, if and to the extent applicable

• We want you to enjoy online free-to-play and/or Virtual Credit-based pay-to-play gaming in a responsible fashion and request that you follow these simple guidelines:
• i) Remember that (a) Virtual Credits are freely given away at posted periods; (b) purchasing Virtual Credits is not required for play and is merely provided as a convenience to you; and (c) the Virtual Credits have no actual or intrinsic value;
• ii) Please try to establish limits for the Virtual Credit purchases you are willing to make over any period of time, before you start playing;
• iii) Play  on this website, or game play on any website,  is not recommended if you are recovering from a dependency or are under the influence of alcohol or other substances;
• iv) Play on this website, or game play on any website,  is not recommended if it might interfere with your daily responsibilities; and
• v) Age restriction: No one under the age of 21 years may play on this website. We reserve the right to request proof of age, identity and address and may request that you download, complete and return a form together with a copy of your driver’s license or other form of valid government-issued photo ID. We also reserve the right to make inquiries with third parties in order to verify your identity, age and place of residence.

• 14.1       Any complaints must be submitted to with [email protected] Customer Service (see address below) within thirty  (30) days of the occurrence of the event to which the complaint relates. We will not be able to deal with any complaint in respect of an event which pre-dates this time period.
• 14.2       We are available by email at [email protected] to discuss any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
• 14.3        These Terms and Conditions and any Rules posted from time to time, are governed by the laws of the Seneca Nation of Indians without regard to any conflict of law provisions.

• 15.1       Subject to any rules posted herein from time to time (such as Tournament Rules), the Terms and Conditions contained herein represent the complete, final and exclusive agreement between you and iPlaySeneca.com  and supersede all prior agreements, representations and understandings between you and iPlaySeneca.com.
• 15.2 If any provision of these Terms and Conditions is determined to be unlawful or void, then the unlawful or void provision(s) may be reformed by a court or tribunal to tailor such provision to be as close to the manifest intent of these Terms and Conditions as possible, if such term cannot be reformed, then such term shall be severable from the other provisions contained herein and shall not affect the validity of any of the remaining provisions.
• 15.3       Other than the limited, permitted use to participate in the Games on the website, you agree not to use any content provided through the website for any public or commercial purpose without our express written permission. You agree not to download, rent, lease, loan, distribute, create derivate works, copy, re-use, modify, adapt, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or discover the source code of all or any portion of the Games, create improvements, or seek to obtain intellectual property protection on the content of any intellectual property rights in the Games. Nothing contained in this website shall be construed as granting by implication, estoppel, or otherwise, a license or right of use of any trademark or trade name displayed on the website.
• 15.4       Virtual Credit-based transactions are only valid if accepted by our server. Until acceptance of the transaction by our server all information displayed relating to a Game constitutes an invitation to play only. You agree that our records shall be the sole and final authority in determining the validity and terms of any transactions and the circumstances in which they were made. We reserve the right, at our sole discretion, to refuse or limit any transaction. Where a transaction is invalid, refused or its value limited, any Virtual Credit-based sum deducted from your account with respect to that Game may be credited to your account.

• 16.1    When you chat to other persons online through our website you are required to use polite, courteous behavior, and non-discriminatory behavior to other players     
•     > While the great majority of our online players understand and adhere to these recognized levels of courtesy and politeness in all chat room discussions and email messages ("Communications") a small minority engage in unacceptable behavior during such Communications ("Abuse").
• 16.2       We accept and recognize your right to freedom of expression during online communications but you must recognize your primary responsibility towards other players not to cause offense through the use of inappropriate or inflammatory words, comments or phraseology during online Communications either prior to, during, or after, any online Game session, all of which constitute forms of Abuse.
• 16.3       We require that you refrain from Abuse, whether intentionally caused or not. Abuse may include, but not be limited to, any of the following:
•     > using foul language or expletives in the course of Communications;
•     > insulting fellow players (whether or not during the-Game);
•     > transmitting any Communications or content which could be reasonably viewed as illegal, promoting an illegal activity, promoting commercial services,  libelous, defamatory, promoting cheating in games, obscene, pornographic, profane, sexually explicit, abusive, invasive of privacy, infringing of intellectual property rights,  is otherwise injurious to third parties or  objectively objectionable,  consist of or contain software viruses, links to other websites,  political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam.";
•       > repeated or one-off Communications during a Game session intentionally timed to distract or otherwise interfere with the course of the Gameplay; and/or
•     > employing sexual language or words suggesting inappropriate behavior.
• 16.4       In addition, we strongly recommend to our players that they withhold their email addresses, phone numbers and all other personal information from other players at all times in order to avoid the risk of onward distribution or publication of these to unauthorized companies or persons. We will not release email addresses to unauthorized third parties unless required to do so by operation of law or regulation or upon the request of Law Enforcement, and we request that our players extend that privilege to each other.
• 16.5       Compliance with these Terms & Conditions is a mandatory requirement of all our players who use and access the website and play the Games. We monitor, store and review all chat room and in-Game Communications on a regular basis and will investigate any complaints submitted by our players. Failing to comply may result in the suspension and/or termination of your account. Suspended accounts may be re-activated at our discretion

• 17.1       You are responsible for ensuring that all of the personal details relevant to your account on the website (under the section My Account/My Details) are correct and current. If any of your personal details are either not correct, out-of-date, or missing, the authorization and processing of payments in return for Virtual Credits may be interrupted.
• Credit Cards
• American Express, Discover, MasterCard and Visa are approved methods of payment for convenience purchases of Virtual Credits. All credit card transactions are completed on a secure encrypted link between the website’s payments gateway and the clearing bank. This payment method is free.
• 17.2       We reserve the right to conduct a security review at any time to validate:
•     > your identity;
•     > age;
•     > the registration data provided by you;
•     > that your use of the Games available at this website is in compliance with these Terms and Conditions and of applicable law; and
•     > that your financial transactions conducted via this website are in compliance with these Terms and Conditions and of applicable law.
• 17.3        You authorize us (and our agents) to make any inquiries of you and to use and disclose to third-party service providers details that we consider necessary to validate the information you provided to us, or should have provided to us, in accordance with these Terms and Conditions and the iPlaySeneca.com Privacy Policy, including but not limited to:
•     > ordering a credit report (one {1} credit report every twelve {12} months; and
•     > verifying the information provided by you against databases provided by third parties.
• To enable us to fully conduct these inquiries you agree to provide such information or documentation as we, in our sole unfettered discretion, may request.

• 18.1       You may be awarded Virtual Credit to use on the website by opening an account online and thereby automatically accepting a promotional offer.
• 18.2       We reserve the right to remove Virtual Credit from your account if we, at our sole discretion, deem you have attempted to abuse the Games, the website or the Virtual Credits.
• 18.3       As a participant in any promotion (“Promotion”) you must agree to abide by these and all specific promotional Terms and Conditions governing usage of the Games and the website.
• 18.4       Specific terms and conditions relating to a Promotion will be posted on the website under the Promotions section of the iPlaySeneca.com website.
• 18.5       To the extent that the terms and conditions of a Promotion conflict with these Terms and Conditions the terms and conditions of the Promotion will prevail.
• 18.6       We reserve the sole right to exclude or otherwise remove you from participation in the Promotion if, in our sole discretion, the circumstances warrant such exclusion.
• 18.7       Each Promotion is available only once per customer, if stated as such. The identity of a customer will be determined on the basis of all, or any, combination of the following: name, mailing address, email address, IP address, credit/charge card number, computer, and any other forms of identification which may be required. If you are found to have multiple accounts it will result in all your accounts being closed and any Virtual Credit being forfeited.
• 18.8       We reserve the right to vary the terms of, or terminate, a Promotion and/or withdraw any other offers described in these Terms and Conditions at any time and without notice and shall not be held liable for doing so.
• 18.9       We reserve the right to ask you to provide sufficient documentation to satisfy us in our absolute discretion as to your identity prior to us awarding any Virtual Credit consequent to any promotion.
• 18.10     We reserve the right to vary the terms of, or terminate, a Promotion and/or to withdraw any offers described in these terms at any time and without notice and shall not be held liable for doing so

Virtual Credit may not be withdrawn from your account under any circumstances. You acknowledge that the Virtual Credit held within your account consequent to play, free issuance, and/or purchases have no monetary value and is merely a device for tracking game play and is neither money nor real currency.  Your Virtual Credit balance is associated solely with your account.  It may not be gifted, exchanged, or in any manner transferred to another person or entity.

• In the event you accumulate a significant balance of Virtual Credit in your account, as e determined in the sole discretion of iPlaySeneca.com or GAN) during the course of playing the Games available at this website, you authorize us to promote your activities playing the Games and associated Virtual Credit accumulation through diverse marketing and promotion undertaken in a manner entirely at our discretion and including but not limited to:
•     > news articles posted online and visible to other players of the Games;
•     > leaderboards published on the website;
•     > email communications to our other customers;
•     > press releases intended for publication to the public; and
•     > advertising of your activities.
• To protect customer information, we will confine such publicity to photos, given name, city of residence, and amount of Virtual Credit.

You will be charged one hundred percent (100.0%) of the real money cost of acquiring packages of Virtual Credits in return for crediting the relevant amount of Virtual Credits to your account balance on this website. This fee will be taken in full and will be effective from the moment your real money online payment for Virtual Credits is successfully processed.

Some Games on the website may retain historical information on a Customer’s performance.  Your per-Game player rating is operated and defined at our absolute discretion and is subject to change from time to time without notice to you. Information on player ratings is clearly displayed on each Game specific website pages where ratings may be associated.

• 23.1       To complement these Terms and Conditions, the following sets out specific rules ("Tournament Rules") which govern entry into any of the free-to-enter poker tournaments available on this website (the “Tournament(s)”). The Tournament Rules are incorporated into these Terms and Conditions.
• The eligibility requirements for entry into any Tournament are that, as at the date of the relevant Tournament:
•           You must be a resident of the United States of America, but must not reside in Alaska and Washington State (the “Excluded State”). You will qualify as a resident of one of the Excluded States if you are registered as a resident in that Excluded State for tax, voting, or welfare purposes or for any other reason that we may deem to be sufficient evidence that you are a resident of one of the Excluded States.
• You must not be physically located in any of the Excluded States whilst participating in the Tournament regardless of whether or not you are a resident of the Excluded State.
• You meet all of the other eligibility requirements set out in these Terms and Conditions including but not limited to the minimum age requirement of twenty-one (21) years of age.
• 23.2       By entering the Tournament, you warrant that you meet the eligibility requirements referred to above. You also acknowledge that you are subject to all laws applicable to your state or locality of resident and/or from which you access the Tournament and you are solely responsible for obeying those laws. You agree that neither Seneca Gaming Corporation nor GAN may be held liable if laws applicable to you restrict or prohibit either your participation in the Tournament or your ability to be awarded any prizes available in the Tournaments. We make no representations or warranties, implicit or explicit, as to your legal right to participate in the Tournament.
• 23.3                       We reserve the right to monitor the location from which you access the Tournament and to block access from any jurisdiction in which participation or the ability to be awarded prizes is illegal or restricted, although your ability to access the Tournament shall not be deemed to represent our acceptance or acknowledgement of your eligibility to participate in the Tournament.
• 23.4       If we suspect you of undertaking any of the following actions, then you will automatically be disqualified from the Tournament and may have your account suspended for further investigation or closed:
• ·        soft-playing; or
• ·        chip-dumping; or
• ·        team playing, collusion or fraudulent practices; or
• ·        using unfair external factors or information in a manner which we deem inappropriate; or
• ·        any other breach of these Terms and Conditions.
• 23.5       We may elect to award Virtual Credits to winners of Tournaments or to leaders of leaderboards and the award of any such winnings is entirely at our discretion. We expressly reserve the right to exclude any participant before, during or after the Tournaments, regardless of the outcome of the Tournament or the leaderboard status.
• 23.6        Prospective winners will be contacted by our Customer Service team and will have thirty (30) days to confirm their identity and accept prizes. We may, at any time, ask that you provide an affidavit (and supporting documentation) as to your eligibility to enter into the Tournament and reserve the right to withhold any prizes if we do not receive an affidavit and all such documentation to our entire satisfaction. Failure to comply with this will result in the prizes being forfeited.
• 23.7        In the case of any dispute, we will review any claims in accordance with our disputes procedure and our decision shall, in all cases, be final.
• 23.8        All applicable local, state, and federal taxes are your sole responsibility.
• 23.9      We reserve the right to change the Tournament Rules at any time without prior notice, and may issue additional terms and conditions at our sole discretion. 

Use of the Services is subject to the terms of our PRIVACY POLICY, which is hereby incorporated into and made part of this Agreement. Please carefully review our PRIVACY POLICY. By using the Services, you acknowledge that you have read, and you agree to be bound by the PRIVACY POLICY. We reserve the right, and you authorize us, to use information regarding your use of the Services, account registration, and any other personal information provided by you in accordance with our PRIVACY POLICY. You further acknowledge and agree that any disputes related to the PRIVACY POLICY, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement.

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PRIVACY NOTICE

Welcome to the Seneca Resorts & Casinos Social Casino online privacy policy (the "Policy") for the Website. As used in this Policy, the terms "you" "your," and "yours" refers to you the user of the Website or any other guest, person or entity who accesses or uses the Website or services from the Website; and the terms "Company", "we", "us", "our", or "ours" refers to Seneca Gaming Corporation. Information is collected and used by the Company, in partnership with GAN Nevada, Inc., a company with its registered office address at 400 Spectrum Center Drive, Suite 1900, Irvine, California 92618, USA (“GAN”), as set forth herein. GAN collects information and shares the information with the Company in order to provide the Services.

I. INFORMATION WE MAY COLLECT

A. Personal Information

"Personal Information" refers to information through which you can be identified. We collect Personal Information that you provide voluntarily to us. Some examples of Personal Information that we may collect include your name, date of birth, postal address, e-mail address, telephone number, gender, gaming activity, and purchase and reservation information. If you visit the Company’s Social Casino, Personal Information may include your image in a live video feed that can be viewed on the Website. Some Personal Information is considered "Confidential Personal Information". Confidential Personal Information is your full name in combination with one or more of the following: credit or debit card number, financial account number, driver's license number, state identification card number, passport number, and naturalization number.

In addition to Personal Information that you provide voluntarily to us, we may obtain Personal Information from third parties including, but not limited to, business partners, social media, family members, friends, and entities that direct you to or are located on or made available through the Website. In situations where your Personal Information is collected by third parties under contract with us, we require these third parties to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided.

B. Non-Personal Information

"Non-Personal Information" refers to information about you or your activities through which you cannot be personally identified. When you use the Internet, your web browser or software may transmit certain information to the servers that host the web sites you visit. Such information may include, for example, the unique number assigned to your server or Internet connection, and your interactions with the Website, including what pages you view and what information you download. When you visit the Website, your Non-Personal Information may be collected. Non-Personal Information may be linked to Personal Information.

C. Cookies and Information Collected by Advertising Companies

When you visit the Website, we use "cookies" and similar technologies to help us recognize and serve you better. Cookies are small files that contain information sent by a website that is saved on your computer's hard drive. Cookies enable us to gather data such as web pages visited, links clicked, and material download. Cookies also are used to put a unique identifier on your computer. This helps us to generate statistics regarding usage of the Website, such as the percentage of repeat visitors. In situations where it is possible to do so, this unique identifier may be linked to Personal Information.

There are different types of cookies including "browser" cookies (also known as html cookies) and Flash cookies (also known as Local Shared Objects). You can configure your browser to reject browser cookies or to notify you when browser cookies are offered so that you can accept or reject such cookies. However, if you reject browser cookies, you may not be able to conduct some transactions or use some services on the Website. However, blocking or deleting browser cookies may not block or delete other types of cookies including Flash cookies.

Third-party advertising companies that work with us may also use cookies and similar technologies to collect Non-Personal information at the Website and other websites for a variety of purposes including providing you with advertisements that are likely to be of interest to you. This type of ad customization is sometimes referred to as "behavioral advertising". We are not responsible for the functioning of cookies and other technologies used and placed by third parties on your device. We do not always control third parties’ collection or use of your information to serve interest-based advertising. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. These third parties may provide you with ways to choose not to have your information collected or used in this way.

II. HOW WE USE THE INFORMATION WE COLLECT

A. Uses by the Company

By accepting this Policy through the use of Website and/or our products or services, you agree to the terms of this Policy, and you expressly consent to the processing, transferring, and storing of your Personal Information and Non-Personal Information according to this Policy.

Except for Confidential Personal Information, we may use Personal Information and Non-Personal Information for our own marketing purposes, including, but not limited to, notifying you of special promotions, offers and events via postal mail, e-mail, telephone, text message, and other means. Confidential Personal Information will not be used for marketing purposes without your express consent.

We may also use Personal Information and Non-Personal Information for non-marketing purposes. Some examples of such use include

(1) processing and fulfilling purchases;

(2) conducting statistical or demographic analysis;

(3) customizing your experience at the Website; and

(4) responding to your inquiries or other communications.

We may combine Personal Information with other generally or publicly available information to help us identify your preferences or interests. Your Personal Information may also be merged with Personal Information available from other sources such as

(1) companies that match e-mail addresses with postal addresses and other information;

(2) credit card verification and credit services; and

(3) other resorts, casinos, or properties that are owned, operated, or affiliated with the Company.

If you do not want us to use your Personal Information for marketing purposes, you may opt-out of such uses by notifying us in accordance with the process set forth herein. Opting-out will not prevent your Personal Information from being used for non-marketing purposes.

B. Sharing With Business Partners and Other Third Parties

Except for Confidential Personal Information, we may share your Personal Information with our business partners for joint marketing efforts, or for our business partners' own marketing purposes. When we provide Personal Information to our business partners, we require them to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided to them. If you do not want us to share your Personal Information with business partners for marketing purposes, you may opt-out of such sharing by notifying us in accordance with the process set forth herein.

Although you may request to opt-out of sharing Personal Information with our business partners for marketing purposes, we may disclose Personal Information to our business partners and other third parties for the following purposes:

1. for non-marketing purposes, such as processing and fulfilling reservations or purchases;

2. to comply with a court order, subpoena, search warrant or other valid legal process;

3. to comply with legal, regulatory or administrative requirements of any governmental authorities;

4. to protect and defend us, or our affiliates, and all of their or our officers, directors, employees, attorneys and agents in connection with any legal action, claim or dispute;

5. to satisfy any contractual obligation to indemnify our contractors, business partners or other third parties in connection with any legal action, claim or dispute;

6. to enforce the Terms and Conditions of the Website;

7. to prevent imminent physical harm or threats to public safety;

8. to third-party vendors that the Company may use to perform functions, such as credit card transactions;

9. to prevent fraud;

10. to engage in debt collection

11. keeping your credit card on file for future purchases unless you tell us not to;

12. to ensure minors do not gain entry to our casino;

13. to maintain and improve our Website, products, or services, marketing, or customer relationships and experiences;

14. to detect, prevent, and address technical issues, to debug and repair errors that impair the functionality of our Website and services, to improve them, upgrade, or enhance;

15. to provide customer support and answer any questions or inquiries you make to us;

16. to administer our Website and conduct internal operations, including for internal research, troubleshooting, data analysis, testing, research, statistical, and survey purposes, to gather analysis or valuable information so that we can improve our Website, products and services, and

17. otherwise with consent or as permitted or required by law.

When we provide Personal Information to our business partners and other third parties for such purposes, we require them (to the extent feasible) to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided to them, but we do not verify any third party compliance with such requirement and we are not responsible for any failure by our business partners or third parties to comply with this requirement.

III. YOUR COMMUNICATION PREFERENCES

A. How to Opt-Out

If you wish to opt-out of receiving solicitations from us or do not want us to share your Personal Information with our business partners for marketing purposes, please email us at [email protected].

B. Telemarketing

Even if you registered your telephone number on a Do-Not-Call list, certain exemptions may allow us to contact you by telephone. If you would like to opt-out of receiving telemarketing sales calls from us, please email us at [email protected].

Despite your election to opt-out, if you are still receiving Services from us, we may contact you by other means regarding your account, transactions, and your activities with the Services.

IV. SECURITY

Personal Information and Non-Personal Information collected by us are stored on secure servers, which are protected by firewalls and other industry standard security measures. These security measures are intended to protect our servers from unauthorized access. However, no security system is impenetrable, and these systems could become accessible in the event of a security breach. We have controls in place that are designed to detect potential data breaches, contain and minimize the loss of data, and conduct forensic investigations of a breach.

Our team is required to take reasonable measures to ensure that unauthorized persons cannot view or access your Personal Information. Employees who violate our privacy policies are subject to disciplinary action, up to and including termination.

We cannot enforce or control the security of the computers, electronic devices, or electronic communication method that you may use to send e-mails and submit information to us over the Internet. You are responsible for ensuring that the computers, electronic devices and electronic communication methods you use will provide adequate security for communicating with us. We are not responsible for the disclosure or interception of information that you send us before we receive it.

As a standard security practice, we will take reasonable steps which are standard in the industry to ensure that the communication methods used to support the Website does not permit connection or communication by methods that have known security weaknesses or vulnerabilities. As such, if you experience trouble using the Website, it may be an indication that you need to upgrade your Internet browsing tool or application to a newer version that supports more secure communication methods.

V. YOUR PRIVACY RIGHTS

A. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights. This means that we will not discriminate against you, including, but not limited to, by denying Services, charging you a different price, or providing a different level or quality of Services just because you exercised your consumer privacy rights.

However, if you refuse to provide your Personal Information to us or ask us to delete or stop selling your Personal Information, and that Personal Information or sale is necessary for us to provide you with Services, we may not be able to complete that transaction.

B. Right to Appeal

You have the right to submit an appeal if you are not satisfied with the outcome of your request. Please send your appeals directly to [email protected].

C. Right to Submit a Complaint

You have the right to file a complaint concerning the collection, use or storage of your Personal Information to a Gaming Commission.

When you contact us regarding any of your rights, we will verify your identity before we provide any information. If you have any questions or comments about your rights, please contact us at

VI. DATA RETENTION

A. Retention of Personal Information

We retain your Personal Information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

B. Disposal of Personal Information

Upon the expiration of the retention period, we will securely dispose of your Personal Information in accordance with applicable laws and regulations.

C. Request for Deletion

In some circumstances, you can ask us to delete your data. See Sections V-X of this Policy. Please, note that deletion of your Personal Information may result in you no longer eligible to receive our Services. Also we can’t make changes to or delete your information in some situations where it is necessary for us to maintain your information, for example if we need the information to comply with applicable law.

D. Changes to Our Data Retention Policy

We reserve the right to revise this Data Retention policy at any time without notice. When this Data Retention policy is revised in a material way, notice will be posted on the Website along with the revised policy.

VII. COOKIES AND TRACKING TECHNOLOGIES

A. Use of Cookies

We use cookies,  pixels, or web beacons and similar tracking technologies to collect and use Personal Information about you, including to serve interest-based advertising. Cookies are small data files stored on your hard drive or in device memory that help us improve our Website and your experience, see which areas and features of our Website are popular, and count visits.

B. Types of Cookies

We use several types of cookies on our Website including session cookies, persistent cookies, and functionality cookies. Session cookies are temporary and are automatically deleted once you close your internet browser. Persistent cookies remain on your device until you manually delete them or until your browser deletes them based on the duration specified within the cookie file. Functionality cookies allow the Website to remember choices you make such as your user name, language or the region you are in and provide more personal features.

C. Third-Party Cookies

We also use third-party cookies from other service providers on our Website. These cookies enable certain features or functionalities, and track usage and performance of our Website and services, and allow us to offer targeted advertising.

D. Pixel Tags, Web Beacons, and Transparent GIFs

Pixel tags and web beacons are tiny graphic images placed on our Website or in our emails that allow us to determine whether you have performed a specific action. When you access our Website or open or click an email, the pixel tags and web beacons generate a notice of that action. These tools allow us to measure response to our communications and improve our Website.

E. Your Cookie Preferences

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. However, please note that removing or rejecting cookies could affect the availability and functionality of our Website.

F. Cookie Policy

To learn more about how we use cookies and your choices relating to cookies, please visit our Cookie Policy, which can be found at https://iplayseneca.com/cookie-policy

VIII. OTHER WEB SITES

We are not responsible for the information collection or privacy practices of other websites, including websites operated by our business partners or other third parties. You should review and understand the privacy policies posted on any linked sites you visit before using those sites or providing any Personal Information.

IX. PERSONS UNDER AGE 21

Our Website is intended for use by persons 21 or older. If you are under 21, do not access or attempt to access any areas or participate in any activities. We do not knowingly collect Personal Information from persons under 21. If you are the parent or guardian of a person under 21 and believe that the person has provided us with Personal Information, you may contact us at: [email protected]. If we learn that we have unknowingly collected or received Personal Information from a child under the age of 21, we will make reasonable efforts to delete such information from our records.

X. VISITORS OUTSIDE OF THE UNITED STATES

Our Website is maintained on servers located in the United States, and Personal Information and Non-Personal Information are stored on computers and servers located in the United States. The United States may not offer a level of privacy protection for Personal Information as great as that offered in other jurisdictions. Therefore, the disclosure of Personal Information pursuant to this Policy is at your own risk. We make no representation that the practices described in this Policy are compliant with laws outside of the United States or that such laws apply to our collection, security, use and disclosure of Personal Information.

XI. CHANGES TO THIS POLICY

We may update this Policy from time to time. If we make any material changes to this Policy, we will notify you by posting a notice on our Website. Your continued use of the Website and/or Services after any changes to this Policy constitutes your acceptance of such changes.

XII. CONTACT US

You may forward any question or concern regarding this Privacy Policy or the use and disclosure of Personal Information to the Company by mail, or E-mail as follows:

ADDRESS: 310 Fourth Street, Niagara

Falls, NY 14303

E-mail Address: [email protected]