TERMS AND CONDITIONS

IMPORTANT NOTICE: These Terms and Conditions have been updated as of August 30, 2024.

THIS WEBSITE AND THE SERVICES PROVIDED HEREIN DO NOT OFFER “REAL MONEY GAMBLING” OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES BASED ON THE OUTCOME OF PLAY.

PLEASE READ THE FOLLOWING TERMS OF USETHE PRIVACY POLICY, AND OFFICIAL RULES CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY  SERVICES OR WEBSITE OR APPLICATION. YOU AGREE THAT YOUR CONTINUED USE OR ACCESS OF THE SITE OR SERVICES SHALL BE SUBJECT TO THESE TERMS OF USE, WHICH FURTHER INCORPORATE AND INCLUDE THE PRIVACY POLICY AND OFFICIAL RULES (COLLECTIVELY, THE “AGREEMENT”).

These Terms and Conditions constitute a Terms of Service Agreement (“Terms and Conditions”) between you (“you” or “user”) and Seneca Gaming Corporation (, “we”, or “us”). Herein, you and we will together be referred to as the “parties” to this Agreement.

This Agreement governs your access and use of the games (“Games”) available through iplayseneca.com and/or its related mobile application (the “Website” or “Site”) and all related web pages, interactive features, applications, widgets, blogs and mobile applications, and their respective contents, whether accessed via computer, mobile device or other technology (collectively, the “Services”).

In addition, when using particular services or features or making purchases on the Services, you shall be subject to any guidelines or policies applicable to such services, features or purchases. All such guidelines or policies are hereby incorporated by reference into this Agreement (which means that all such guidelines or policies are part of this Agreement).

The Website, the Games available on it and the underlying software and hardware platform is wholly hosted in a secure data center in Nevada, United States, as we are committed to protecting the privacy and security of our users' personal information. These terms and conditions describe the types of information we collect, how we use and share this information, and your rights and choices regarding your information.

These terms and conditions apply to the information collected and processed through our website, mobile application, and other online services, including the products and services we offer (collectively, the "Services").

The  social casino available via the Website at iplayseneca.com is intended for use only by those 18 or older, and only for amusement purposes. No actual money or anything of value can be won playing these Games. Practice or success at social casino gaming does not imply future success at real-money gambling. If you are under 18 years old, you are not authorized to access or otherwise use the Services. By using the Services or Games, you certify that you are at least 18 years of age. We reserve the right to verify age at any time. We further reserve the right to terminate the Services in whole or in part, or to terminate or deny access to the Services by any individual, at any time in our discretion.

You are subject to all laws of the geographic jurisdiction in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree that Seneca Gaming Corporation cannot be held liable if laws applicable to you restrict or prohibit your participation. Seneca Gaming Corporation makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Games nor shall any person affiliated, or claiming affiliation, with Seneca Gaming Corporation have authority to make any such representations or warranties. Seneca Gaming Corporation  reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation may be illegal or restricted, as determined by Seneca Gaming Corporation, in its sole discretion.

The Website and participation in the activities on the Website is restricted in certain 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 way of age. You cannot play under any circumstances if you are not at least eighteen (18) years of age; minors may not play. Additionally, residents of countries outside of the United States and residents of the states listed below within the United States, regardless of their age, may not play:

Alabama

Alaska

Missouri

New Mexico

South Carolina

Washington DC

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 18 years or over. Where these checks are unable to verify that you are 18 years of age or over, we reserve the right to ask you for proof of age, satisfactory to us in our sole discretion. If you do not provide satisfactory proof that you are age 18 or over within seventy-two (72) hours of our request (or such other period as may from time to time be specified by us), then we may suspend your account until satisfactory proof of your age is provided.

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 us, or our 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.

We, along with our 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 seventy-two (72) hours (or such other period as may from time to time be specified by us) of a request, and in the event you fail to produce evidence of your identity, we will suspend your account pending closure.

You expressly agree that, as part of the Services, you may receive communications by text message, push notification, and/or email, including promotional communications from time to time. You may stop receiving promotional alerts via email by clicking the unsubscribe links contained in such emails or by emailing your request to opt out, along with your cell phone number to [email protected] by disabling push notifications on your mobile device. You may stop receiving promotional alerts via text message by responding "stop" to any promotional text received. You may not opt out of service-related emails.

You must have an internet-enabled cell phone or device using either the iOS or Android operating system in order to access our mobile applications. Normal carrier charges and taxes may apply to any content you obtain from the Services. Seneca Gaming Corporation  is not responsible for any charges you incur from your cell phone or internet service provider as a result of the use of the Services.

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.

You acknowledge that all materials on the Services, including the Services’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Seneca Gaming Corporation and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through this Agreement or otherwise. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright/intellectual property owners. Except as expressly authorized by this Agreement or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Seneca Gaming Corporation. Seneca Gaming Corporation authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the Materials. You may not modify, use or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services are the sole property of Seneca Gaming Corporation and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Seneca Gaming Corporation. In addition, all page headers, custom graphics, button icons and scripts are Marks of Seneca Gaming Corporation  or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Seneca Gaming Corporation. Seneca Gaming Corporation may enforce its intellectual property rights to the fullest extent of the law, including closing the accounts of any user we determine in our sole discretion may be violating this Agreement.

We respect the intellectual property rights of others and require that Service users do the same.

When using the Services or posting User Content you are required to:

·         use polite and courteous behavior; and

·         to extend to strangers from different US States and cultures those widely recognized levels of social etiquette employed during telephone communications or meetings in person.

While the great majority of 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 may engage in unacceptable behavior during such Communications (“Abuse”).

Your ability to express yourself during online Communications using the Services is subject to 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.

We require that you refrain from Abuse, whether intentionally caused or not. Abuse may be specifically constituted by any of the following (as determined by Seneca Gaming Corporation in our sole discretion):

·         using foul language or expletives in the course of Communications;

·         insulting fellow players (whether in-Game or not);

·         transmitting any Communications or content which could be reasonably viewed as illegal, promoting an illegal activity, promoting commercial services, libelous, defamatory, discriminatory, promoting cheating in Games, obscene, pornographic, profane, sexually explicit, abusive, invasive of privacy, infringing of intellectual property rights, otherwise injurious to third parties or objectionable, consisting of or containing 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.

In addition, we strongly recommend to our players that they withhold their email addresses 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, and we request that our players extend that privilege to each other.

COMPLIANCE WITH OUR CODE OF ONLINE CONDUCT IS A MANDATORY REQUIREMENT OF ALL OUR PLAYERS WHO HAVE ACCEPTED OUR TERMS & CONDITIONS FOR USING AND ACCESSING THE WEBSITE AND PLAYING THE GAMES.

We reserve the right to monitor, store and review all chat room and in-Game Communications and to investigate any complaints submitted by our players. Failing to comply with these provisions, or any terms of this Agreement, may result in the suspension and/or termination of your user account. Suspended accounts may be re-activated at our discretion.

You agree that you will not use the Services to:

(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, racially, ethnically or religiously offensive, unlawful or objectionable (including without limitation, nudity and depiction of drug use);

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to a representative of Seneca Gaming Corporation, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;

(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to affect, interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(k) “stalk” or otherwise harass another;

(l) collect or store personal information or data about other users of the Services, or disclose another user's personal information or data to any third party;

(m) solicit personal information or data from anyone under 18 years of age; and/or

(n) “bot”, “hack”, “crack”, or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services.

Links on the Services to third party websites and applications may be provided as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. You agree thatSeneca Gaming Corporation and its affiliated parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications.

YOU USE THESE LINKS AT YOUR OWN RISK.

You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful.

SENECA GAMING CORPORATION EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, LEGALITY, DECENCY OR ACCURACY OF ANY INFORMATION, AND FOR ANY PRODUCTS AND SERVICES, THAT APPEAR ON (OR ARE SUPPLIED THROUGH) ANY THIRD PARTY WEBSITE OR APPLICATION.

Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party application provider. You agree that Seneca Gaming Corporation and its affiliated parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party application providers on the Services.

Seneca Gaming Corporation IS NOT RESPONSIBLE FOR ANY PRODUCT OR SERVICE (INCLUDING THIRD PARTY APPLICATIONS) SOLD ON OR THROUGH THE SERVICES OR ANY CLAIMS OF QUALITY OR PERFORMANCE MADE ON OR THROUGH THE SERVICES.

AVAILABILITY OF GAMES

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

ACTIVE GAME SESSIONS

Once a single player Game commences it will continue until:

• (a) you win;

• (b) you lose;

• (c) you resign; or

• (d) your connection is terminated for any reason or the internet browser window is closed.

In the event of a multi-stage single-player game where there are still active challenges involving Virtual Credits (as defined herein) that have not been determined, the Game state may be stored and resumed at a later date.

Once a multiplayer Game commences it will continue until:

• (a) you win;

• (b) you lose;

• (c) you resign; or

• (d) 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 during a game of Pro Blackjack, in which you were in the middle of playing out one or more hands of blackjack, your session will persist and you will be able to login to the website, re-launch the Pro Blackjack Game and continue your session.

DISCONNECTED GAME SESSIONS

In the event that:

• (a) a disconnection occurs; or

• (b) you close the Game lobby window (which closes all game tables); or

• (c) 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, your opponent will be deemed the winner and your Virtual Credits or Virtual Credit-liability will be deducted or forfeited.

Our software will detect whether there has been a genuine disconnection. If you try to claim Disconnect Protection upon 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 Site.

In the unlikely event a real Game in progress is cancelled due to technical issues, both 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. Refunds of Virtual Credit buy-ins may be communicated via electronic mail or via the Site.

VIRTUAL GOODS

Although the Services are free-to-play by means of Virtual Credits issued to you at no charge by Seneca Gaming Corporation, from time to time, they may include an opportunity to also purchase Virtual Goods (as defined below), using real-world money, as a game enhancement only. Virtual Goods include in-game credits (“Virtual Credits”) and other virtual items (“Virtual Goods”). A Virtual Good is a set of rights to digital items, as licensed by Seneca Gaming Corporation. Virtual Goods can never be redeemed for real-word money, goods, or any other item of real-word monetary value from Seneca Gaming Corporation or any other party. You understand that you have no right or title in Virtual Goods other than the extent of your limited license.

VIRTUAL GOODS HAVE NO ECONOMIC VALUE AND PROVIDE NO ECONOMIC ADVANTAGE OR GAIN TO THE USER.

NO PURCHASE IS NECESSARY TO PLAY THE GAME(S). IF YOU USE UP YOUR SUPPLY OF VIRTUAL CREDITS, YOU MAY ELECT TO PURCHASE ADDITIONAL VIRTUAL CREDITS AND CONTINUE TO PLAY THE GAMES THROUGH THE SERVICE, OR YOU MAY WAIT UNTIL ADDITIONAL FREE VIRTUAL CREDITS ARE MADE AVAILABLE TO YOU. PLEASE NOTE THAT IF YOU WISH TO CONTINUE TO PLAY, A NOMINAL AMOUNT OF VIRTUAL CREDITS MAY BE ISSUED TO YOU BY CONTACTING: [email protected].

Your purchase of the limited license for Virtual Goods is final and is not refundable, exchangeable, or transferable, except in Seneca Gaming Corporation’s sole discretion. You may not purchase, sell, or exchange Virtual Goods or Virtual Credits outside the Services. You may not fraudulently acquire Virtual Goods.  Doing so is a violation of this Agreement and may result in termination of your account with the Services and/or legal action.

SENECA GAMING CORPORATION RETAINS THE RIGHT TO MODIFY, MANAGE, CONTROL OR VIRTUAL CREDITS AND/OR ELIMINATE YOUR LIMITED LICENSE WITH RESPECT TO VIRTUAL GOODS OR VIRTUAL CREDITS AT ITS SOLE DISCRETION. PRICES AND AVAILABILITY OF LIMITED LICENSES FOR VIRTUAL GOODS AND VIRTUAL CREDITS ARE SUBJECT TO CHANGE WITHOUT NOTICE.

PLAYER RATINGS

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 page.

Please ensure all of your personal details relevant to your account on the Website (under the section titled Seneca Gaming Corporation[JM1] ) are correct. If any of your personal details are either not correct or are missing, we will not be able to authorize and process your payments in return for Virtual Credits or Virtual Goods.

The available payment method is by credit cards, including Visa, Master Card, Discover and American Express. 

Security reviews may be performed at any time to validate your identity, age and registration data provided.  You therefore authorize us (and our agents) to make any inquiries of you and for us to use and disclose to any third party 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, including but not limited to:

• (i) Ordering a credit report; and

• (ii) 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 discretion, may request.

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 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.

VIRTUAL CREDITS MAY NOT BE WITHDRAWN FROM YOUR ACCOUNT IN ANY CIRCUMSTANCES. YOU ACKNOWLEDGE THAT THE VIRTUAL CREDITS HELD WITHIN YOUR ACCOUNT HAVE NO MONETARY VALUE AND ARE NEITHER MONEY NOR REAL CURRENCY.  YOUR VIRTUAL CREDITS BALANCE IS ASSOCIATED ONLY WITH YOUR ACCOUNT.  IT MAY NOT BE GIFTED, EXCHANGED OR IN ANY MANNER TRANSFERRED TO ANOTHER PERSON OR SENECA GAMING CORPORATION.

We will charge you one hundred percent (100%) of the real-world money sums paid by you in return for Virtual Credits reused to play the Games available on the Website. This fee shall be taken in full and shall be effective from the moment your real-world money online payment in return for any amount of Virtual Credits is successfully processed. We charge this fee to cover our costs of development, hosting and maintenance, and we may share any profits with commercial partners.

• THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE PRODUCTS, THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
• BY ACCESSING, USING OR DOWNLOADING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY OF SENECA GAMING CORPORATION, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OWNER, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, SUPPLIERS, CONSULTANTS, ADVERTISERS, PAYMENT AND OTHER SERVICES PROVIDERS OR CONTRACTORS (COLLECTIVELY “RELEASED PARTIES”) ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID SENECA GAMING CORPORATION IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.

THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.

EXCEPTIONS

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

BY USING THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS (INCLUDING, PAYING REASONABLE ATTORNEY’S FEES AND COSTS OF SUIT) THE RELEASED PARTIES FROM ANY AND ALL CLAIMS (INCLUDING, THIRD PARTY CLAIMS) AGAINST THEM RELATED IN ANY WAY TO YOUR ACCOUNT, YOUR USE OF THE SERVICES OR YOUR ACCESS TO THE SITE.

• You are required to establish an account and/or to register on the Services in order to take advantage of certain features of the Services. This account is limited to your personal use and may not be transferred, rented, leased, sold, traded, or assigned to or used by any other person.  You are prohibited from accessing or using an account which has been rented, leased, sold, traded, or otherwise transferred from the account creator without Seneca Gaming Corporation’s written permission.
• If you provide information on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Services, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or Seneca Gaming Corporation has reasonable grounds (in our sole discretion) to suspect that such information is false, inaccurate, outdated or incomplete, Seneca Gaming Corporation has the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you.
• You are responsible for maintaining the confidentiality of the password(s) and account(s) you create and are fully responsible for all activities that occur under your password(s) and account(s). You also agree that you will not lend or transfer your login details to any third party. You shall fulfil all commitments made on your account in the course of using the Website and shall be responsible for all communication from your account with us. Seneca Gaming Corporation reserves the right to refuse registration of, or cancel, a username in its sole discretion. You agree to (a) immediately notify Seneca Gaming Corporation of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all actions resulting from the use of your account on the Services, including actions resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Seneca Gaming Corporation. We shall not be required to maintain usernames or passwords and if you misplace, forget, lose or are otherwise unable to enter the Website, we will not be responsible and will not be held liable for any claims regarding your account. You agree that Seneca Gaming Corporation and its affiliated parties will not be liable for any loss or damage arising from your failure to comply with this section.
• You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. You agree not to post on or transmit through the Services any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.
• You further agree that you will not access the Services by any means except through the interface provided by Seneca Gaming Corporation for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of Seneca Gaming Corporation is prohibited.
• IN ADDITION TO ANY OTHER REASONS SET FORTH IN THIS AGREEMENT, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS OR LONGER. IF YOU WANT US TO CANCEL OR DELETE YOUR ACCOUNT, YOU CAN CONTACT US AT [email protected].
• Please be aware that once we delete your account, all records related to that account, such as your Virtual Credits, experience, and progress within the Game will be permanently deleted. We cannot restore an account if you change your mind once the deletion is complete.
  Once your account is deleted, you will receive an email confirmation.
  If you are just looking to have the Game removed from your device, you can do that at any time by long-pressing on the app icon until the uninstall option appears.
• This Agreement is effective unless and until terminated by either you or Seneca Gaming Corporation. You may terminate this Agreement at any time, provided that you discontinue any further use of the Services. Seneca Gaming Corporation also may terminate or suspend this Agreement, at any time, without notice and accordingly deny you access to the Services, for any reason, including without limitation, if in Seneca Gaming Corporation’s sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or the Released Parties. Upon any termination of this Agreement by either you or us, you must promptly uninstall any mobile applications you obtained through the Services and destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under this Agreement or otherwise. Additionally, upon termination, all achievements that a user has acquired may, in Seneca Gaming Corporation’s sole discretion, be terminated and forfeited.
• YOU HAVE NO PROPERTY RIGHTS IN ANY ACHIEVEMENTS. AS TO VIRTUAL GOODS AND VIRTUAL CREDITS, UPON TERMINATION, YOUR LIMITED LICENSE TO THOSE VIRTUAL GOODS AND VIRTUAL CREDITS WILL BE TERMINATED AND FORFEITED, AND YOU WILL HAVE NO FURTHER RIGHTS ASSOCIATED WITH THE VIRTUAL GOODS OR VIRTUAL CREDITS.
• Seneca Gaming Corporation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that Seneca Gaming Corporation  and its affiliated parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
• You agree that Seneca Gaming Corporation may terminate or suspend your access to all or part of the Services, without notice, for any conduct that Seneca Gaming Corporation, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or Seneca Gaming Corporation and its affiliated parties.

• The Sections titled “VIRTUAL GOODS,” “LIMITATION OF LIABILITY; DISCLAIMER,” “INDEMNIFICATION,” and “ACCOUNTS; SERVICE USAGE; TERMINATION OF USAGE” shall survive the termination of this Agreement together with those that by their nature should survive the termination of this Agreement, if any.
• RULES FOR CONTESTS, SURVEYS, REBATES AND SIMILAR PROMOTIONS
• Any contests, surveys, rebates, Games or similar promotions (each, an “Event”) made available through the Services may be governed by specific rules (“Official Rules”) that, as set forth above, are incorporated herein and will be available on our Site.   
• Employees of Seneca Gaming Corporation, as well as their respective affiliates may be ineligible for certain promotions. Seneca Gaming Corporation urges you to read the applicable Official Rules and our Privacy Policy, which in addition to this Agreement, governs any information you submit in connection with such activities. 
• PROMOTIONAL OFFERS
• You may be awarded Virtual Credits to use on the Website by opening an account online and thereby automatically accepting a promotional offer. We reserve the right to remove Virtual Credits from your account if we, at our sole discretion, deem you have attempted to abuse the Virtual Credits.  
• As a participant in any Event, you agree to abide by these Terms and Conditions governing usage of the Games and the Website. Any Official Rules relating to an Event will be set forth on the Website under the promotions section. We reserve the right to vary the terms of, or terminate, the Event and/or to 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. Each Event is available only once per customer name. The identity of a customer name will be determined on the basis of all, or any, combination of the following: name, mailing address, e-mail address, IP address, credit/charge card number, computer, and any other forms of identification which may be required. We reserve the right to ask you to provide sufficient documentation to satisfy us in our sole discretion as to your identity prior to us awarding any Virtual Credits consequent to any Event.  If you are found to have multiple accounts, it will result in all your accounts being closed and any Virtual Credits being forfeited.
• PUBLICITY
• In the event you accumulate a material amount of Virtual Credits in your account, as determined at the sole discretion of Seneca Gaming Corporation, during the course of playing the Games available on the Website, you authorize us to promote your activities playing the Games and associated Virtual Credits 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 Customer Names;
• ·         press releases intended for publication to the public; and
• ·         advertising of your activities.
• At all times we will ensure that your actual, real-world identity is kept confidential unless specifically waived by you.

If you are playing any head-to-head or multiplayer Game in competition against or seated with other players of the same Games, you cannot see or identify those players who you are playing against or with (other than by username or alias published in the software environment) and acknowledge that 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.

SUCH PRACTICES ARE NOT ALLOWED, AND WE WILL TAKE REASONABLE STEPS TO PREVENT THEM, BUT WE CANNOT AND DO NOT GUARANTEE THAT WE WILL BE ABLE TO STOP OR PREVENT THEM.

If you suspect any player is cheating or colluding or undertaking a fraudulent activity, it should be reported to us immediately using the following email: [email protected], identifying the player or players’ usernames or aliases involved and containing a brief description of their activities.

WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT, WITHHOLD OR CONFISCATE IN FULL OR PART (AT THE SOLE DISCRETION OF SENECA GAMING CORPORATION) THE VIRTUAL CREDITS BALANCE OF YOUR ACCOUNT, AND IN DOING SO, RECOVER FROM YOUR ACCOUNT THE AMOUNT OF ANY VIRTUAL CREDITS 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 Credits gaming with any other online provider of Virtual Credits 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 Credits purchasing transactions made on your account;

·         you become bankrupt or have equivalent proceedings occurring anywhere in the world;

·         you violate or promote the violation of any applicable laws or regulations; or

·         you or person(s) using your account have engaged in any activity on the Website for which you or such persons were not eligible or which otherwise violates these Terms and Conditions.

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 retain 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.

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.

You may not play any Game if you or a member of your household, are or have ever been, an employee of Seneca Gaming Corporation or any of its  affiliated companies. For the purposes of this clause, an “employee” includes third party contractors such as licensors, software suppliers, developers or partners and all those persons in any way affiliated with them.

FILTERING

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at www.staysafeonline.org

APPLICABLE LAW

This Website and the Services are controlled and operated by and/or for Seneca Gaming Corporation from within the United States of America, and are intended for use only by residents of the United States, subject to law. Seneca Gaming Corporation makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

GOVERNING LAW

These Terms and Conditions and your use of this Website and the Services shall be governed by, and construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.

To the maximum extent permitted under applicable law, these Terms and Conditions shall not be subject to the United Nations convention on contracts for the international sale of goods, or the Uniform Computer Information Transactions act (“UCITA”) (prepared by the national conference of commissioners on uniform state laws) as currently enacted or as may be enacted, codified or amended from time to time by any jurisdiction. To the extent that any aspect of this Agreement is unclear or disputed by you or us and UCITA, if applied, would clarify such license or resolve such dispute, you and we agree to clarify such license or resolve such dispute independently of UCITA by applying the intent of the parties at the time that they entered into this Agreement, except[LPC1] [JM2]  to such extent that the potentially applicable UCITA contains a binding mediation provision or arbitration provision present in the enacted, codified, or amended state law.

DISPUTES, CLAIMS OR DISAGREEMENTS

Please contact us at: [email protected] to discuss any dispute, claim, or disagreement (“Complaint”) you may have regarding this Agreement or your use of this Website or the Services. Most Complaints may be quickly resolved in this manner. You, the user, and we, Seneca Gaming Corporation, shall use our best efforts to attempt to resolve any Complaint directly through consultation and good faith negotiations. This process shall be your only recourse. If you wish to make a Complaint, please do so by contacting Customer Service at [email protected] as soon as possible after the occurrence of the event to which the Complaint relates.  The longer you wait to file a Complaint, the more difficult it may be to quickly resolve it.

(i)     ACCEPTANCE OF TERMS

By using, or otherwise accessing the Service, you accept and agreethese terms and conditions. If you do not agree, then you may not access or use the Site or Service. All of your activity on the Website and all or your transactions with Seneca Gaming Corporation, including all events which occurred before your acceptance of thisAgreement, are subject to this acceptance of terms.

(ii)      WAIVER OF JURY TRIAL

EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SITE, THE SERVICES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.

(iii)    SEVERABILITY

These terms and conditions  apply  to the extent permitted by law and its available remedies are intended to preserve the sovereign immunity of Seneca Gaming Corporation. If for any reason any provision of these terms and conditions is is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of these terms and conditions will be deemed severable and shall not affect the validity and enforceability of the remainder of the terms and conditions,  which shall continue in full force and effect. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise revised by the presiding forum to give effect to the intent of the parties and consistent with the overall purpose and intent of the Agreement, and may be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

ONE (1) YEAR STATUTE OF LIMITATIONS

You and Seneca Gaming Corporation agree that any claims, regardless of form, arising out of or related to the Site (including Services), this Agreement accepting terms and conditions of use, etc., arising in contract, tort, or any under legal theory must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or Dispute, after which all such claims and Disputes will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by applicable law or statute.

When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

ENTIRE AGREEMENT; UPDATES AND AMENDMENTS TO TERMS OF USE AND PRIVACY POLICY

This Agreement, including any Official Rules, the Privacy Policy,  and other policies and terms incorporated herein, constitutes the entire and only Agreement between Seneca Gaming Corporation and each user of the Services with respect to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

You understand and agree that we may from time to time make changes or otherwise amend this Agreement including these Terms and Conditions, Official Rules or the Privacy Policy.  We may, but shall not be required to, provide notice to you of any changes or amendments, and to the extent any such obligation under law exists notwithstanding this provision, you agree that such obligation will be satisfied by sending an email to the email address associated with your Account.  The current Agreement will be posted on the Site.  Any such modifications and amendments will take effect upon posting the revised terms and/or policies on the Website.  It shall be your obligation to check the Agreement each time you use the Services.  You agree that your continued use of the Services after that date will constitute your acceptance of and agreement to such changes.

CONTROL IN CASE OF CONFLICT

In the event of any discrepancy or conflict between these Terms and Conditions and any other policies or rules presented in connection with the Agreement, Site or Services, including any Official Rules and our Privacy Policy, these Terms and Conditions shall expressly control.

MISCELLANEOUS

The failure of Seneca Gaming Corporation to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term or limit Seneca Gaming Corporation’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

You agree that the “Limitation of Liability; Disclaimer”,  and other provisions of this Agreement are for the benefit of  Seneca Gaming Corporation and the Released Parties, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

If you have any comments, questions or complaints regarding this Agreement or the Services, or wish to report any violation of this Agreement, please contact us at [email protected].

WE HEREBY INFORM YOU THAT WE RESERVE THE RIGHT TO RECORD ALL ELECTRONIC TRANSACTIONS WITH OUR TEAM AND USERS OF THE WEBSITE.

The Site and the Games are designed for good fun, entertainment purposes only. Enjoy playing but please Play Responsibly, set/adhere to spending limits and take breaks!

In order to do so, please:

-         Exercise control over you playtime and spending on the Site.

-         Do other leisurely activities and continue to fulfill your daily duties.

-         Take notice of behavioral patterns that may be characterized as a Video Game Behavior Disorder (for example: lack of control over playtime or spending, prioritizing gaming over other daily activities, an interest in playing that borders obsession, abnormal increase of playtime hours and/or spending or unhealthily behaving (including, considering harming yourself or others) in a way that impairs your personal, family, social, educational, occupational, or other important areas of your functioning and well-being.

If you believe that you (or someone else) may be suffering from a Video Game Behavior Disorder, please Get Help! and seek immediate attention from a qualified medical professional.

While the Site and Services do not offer real money gambling, in the event you need assistance, please note the following: Gambling Problem? Call 1-800-522-4700 (FREE)

Please review the following materials that are provided for educational purposes:

https://www.npr.org/2019/05/28/727585904/is-gaming-disorder-an-illness-the-who-says-yes-adding-it-to-its-list-of-diseases

If you have any questions, or need a break from playing, we encourage you to contact Customer Support [email protected]. We're here to help!

• You can request us to delete or suspend your account on our Games and Site. We will take reasonable efforts to comply with your request.  However, please be aware that deleting or suspending your account is not “foolproof” and we can make no guarantee that it is.
• Please contact Customer Support [email protected] to assist you. We're here to help!
• Our Customer Support team will process your request within a reasonable time period. As part of this process you will be asked to verify your identity. Once the account has been deleted or suspended, we will continue to take reasonable steps to try and delete any new accounts you may attempt to create in the future, if and when we are able to associate those new accounts with you.
• To start the reopening process, please contact the Customer Support team who will let you know (via e-mail confirmation) once your account has been reopened. In no case will your account be automatically reinstated.
• Deleting your account cannot be modified or reversed in any manner. If you suspend your account, there is the possibility to reactivate your account. If you choose to reactivate your account, your balance of Virtual Credits, and level in any Game will be reinstated to the account to mirror it immediately preceding the time of suspension (except for Virtual Credits that may have naturally expired during the suspension period). No activity is permitted in your account after it has been deleted or suspended.
• Seneca Gaming Corporation will use reasonable efforts not to inadvertently send any marketing material via any means to you. However, we cannot guarantee that you will not receive such material in error. If so, please notify [email protected] immediately.
• Seneca Gaming Corporation may retain certain data following deletion or suspension of your account in accordance with our Privacy Policy
• Alternatively, if you prefer to set temporary limits on your gameplay and/or the money you spend, we may be able to accommodate (but we cannot guarantee it). 
• Additionally, you may use third-party blocking software to block access to certain apps, websites, or other internet services and also to set access permissions. In this regard, please note such blocking software may be free or provided for a fee. You can run an online search and the Apple App store or Google Play to find available products. Seneca Gaming Corporation cannot recommend or endorse a particular third-party block software.
• For other useful information, please click on the following links:
• ·         For instructions on preventing in-app purchases, turning off game notifications, and tracking time spent on your Apple device https://support.apple.com/en-us/HT204396; https://support.apple.com/en-gb/HT201925; https://support.apple.com/en-us/HT208982
• ·         For instructions on requiring a password or authentication before an in-app purchase is made, turning off game notifications, and tracking time spent on your Android device https://support.google.com/googleplay/answer/1626831?hl=en; https://support.google.com/chrome/answer/3220216?hl=en; https://support.google.com/android/answer/9346420?hl=en
• ·         For instructions on turning off in-app purchases on your Amazon device  https://www.amazon.com/gp/help/customer/display.html?nodeId=GM5UP39EFNETVXSE
• ·         For instructions on blocking or removing or turning off notifications on an app or game on Facebook  https://www.facebook.com/help/1727608884153160; https://www.facebook.com/help/942196655898243/?helpref=hc_fnav; https://www.facebook.com/help/476337625740088?sr=2&query=game%20notification&sid=2EatnwYez7VOdzl01
• ·         For instructions on setting a wallet PIN on your Windows phone https://www.windowscentral.com/how-to-set-wallet-pin-purchases-windows-phone-store
• ·         National Institute of Mental Health, for mental health resources https://www.nimh.nih.gov/health/find-help#part_150430
• ·         International Association for Suicide Prevention for immediate help when you, a friend or a loved one are having thoughts of self-harm https://www.iasp.info/resources/Crisis_Centres/
•  
• Please always keep your health and happiness (and that of your loved ones) in mind!

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 [XXX Link].

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].