Terms and Conditions
The Terms and Conditions of Use set out below shall govern all use of the www.ddcazigaming.com website by all users.
If you do not agree to be bound by these Terms and Conditions, you are advised not to create a User Account and/or not to use this Website. By clicking the acknowledgement below you signify your consent to be subject to these Terms and Conditions, which includes your acknowledgement that you will only use this Website in accordance with applicable federal, state, local and/or tribal laws.
II. About this Website
This Website and the Games offered herein are made available to registered Users only, and are free to play without any consideration for personal entertainment purposes only. This Website is provided to the Tohono O'odham Gaming Enterprise ("TOGE") by Aristocrat Technologies, Inc. ("Aristocrat"). This Website, the Games and the underlying software and hardware platform are wholly hosted in Las Vegas, Nevada, United States.
User Accounts may be credited only with "Virtual Credits" within the Website, and are the only method by which Users may access and play the Games. Virtual Credits have no value, and cannot be withdrawn by Users once credited to the User Account.
Through acceptance of these Terms and Conditions you understand and acknowledge that the Virtual Credits held within your User Account have no value and any reference to, or use of, the words "dollars" or the "$" symbol on the Website are fictional and have no actual meaning related to currency.
Virtual Credits expire after two months of User Account inactivity. TOGE reserves the right to remove Virtual Credits from your User Account at TOGE’s sole discretion.
Users engaged in playing the Games available on this Website for Virtual Credits cannot win any form of currency in any manner whatsoever and, accordingly, this Website is not enabled for Internet gaming/gambling nor does this Website offer real money Internet gaming/gambling in any form or format whatsoever.
i. User Account: Your personally created and submitted unique username and password which allows you to register and use the Website and play the Website’s Games. In order to establish a User Account, you must submit your first and last name, email address, residential address, date of birth, and telephone number. Only one User Account is permitted per person and per email address. Accounts are subject to validation by TOGE.
ii. Aristocrat: the Website creator and hosting service, located at 7230 Amigo Street, Las Vegas, Nevada 89119.
iii. Games: The Games offered on the Website for play by persons who have established a valid User Account and accepted these Terms and Conditions. All other use of the Games is prohibited and unauthorized. Certain Game rules may have been modified slightly due to the nature of the Website and the Internet. Games are provided for entertainment purposes only and do not afford opportunities to win money or other form of money's worth.
iv Parties: You and TOGE are referred to collectively as "Parties."
v. Personal Information: Information provided by you voluntarily as part of the User Account establishment process and/or collected by TOGE and/or Aristocrat through your use of the Website, which may include personally identifiable information. TOGE and/or Aristocrat may also collect information about your computer or access device including, where available, your IP address, operating system, and browser type. This is statistical data and does not identify any individual.
vi. Tohono O’odham Gaming Enterprise ("TOGE"): An enterprise of the Tohono O'odham Nation, a federally recognized Indian tribe, located within the State of Arizona on the Tohono O'odham Nation Indian Reservation.
vii. Virtual Credits: See Section II, above.
viii. Website: The Website located at www.ddcazigaming.com.
ix. You: A person who creates a User Account to use the Website.
IV. License to Use the Website and Limitations of Use
i. Use of the Website and offered Games is open only to residents of those jurisdictions where such participation is legal and not prohibited by law, including by way of age. Any Games that are made available to play online are additionally only open to individuals of legal age of majority only, in the jurisdiction in which the Player resides. You cannot play under any circumstances if You are not at least twenty-one (21) years of age.
ii. Prior to activation of a User Account, the information you provide to establish the User Account will be subject to verification controls. TOGE reserves the right to utilize a third party for the purpose of verifying any of the Personal Information you provide including, but not limited to: your identity, age and place of residence. In the event verification is not successful, TOGE may require you to provide sufficient proof of identity through alternate means prior to activating your User Account, which may include downloading software, completing a form, or providing a copy of your passport or other form of government-issued photo ID.
iii. You may not create a User Account or play any Game on the Website if you are a current employee of the TOGE and/or Aristocrat.
iv TOGE and/or Aristocrat shall not be required to maintain usernames or passwords. If you misplace, forget, or lose your username and/or password or are otherwise unable to access you’re User Account, neither TOGE nor Aristocrat will be responsible or liable for any claims resulting therefrom.
v. By clicking the acknowledgement below to indicate your acceptance of these Terms and Conditions, TOGE grants you a non-exclusive, non-transferable, revocable limited license to access and use the Website for non-commercial purposes, governed by these Terms and Conditions and subject to your continued compliance with these Terms and Conditions. This limited license may be suspended or revoked at any time for any reason or no reason. TOGE also reserves the right, in its sole and absolute discretion, to cancel or suspend this license should a virus, bug, worm, communication or server failure occur and impact the Website or Game(s), or for any other reason TOGE deems necessary.
vi. Users may be permitted to create, submit, post, or transmit communications or materials on the Website. All User-submitted content is the sole responsibility of the User who submitted the content, and not TOGE or Aristocrat. User-submitted content is not confidential. By submitting content to the Website, you represent and warrant that the content is wholly original to you and that you exclusively own the rights (including intellectual property rights) to such content. TOGE may monitor, store and review all User-submitted content and chat room/in-game communications on a regular basis and investigate any complaints submitted by Users and/or notices of copyright violations. Offensive, indecent or otherwise objectionable content (as determined solely by the TOGE) may be removed from the Website and may result in termination of your User Account.
INTELLECTUAL PROPERTY AND LIMITATIONS
vii. Unless otherwise noted, all materials, including, but not limited to, images, designs, icons, photographs, video clips and/or audio clips that are part of the Website (collectively, "Website Content") are protected by copyright and/or trademark and owned, controlled or licensed by the TOGE and/or Aristocrat Technologies, Inc., or the party credited as the provider of the Website Content. You shall not use, reproduce, modify, distribute, or copy any of the Website Content without the prior written consent of TOGE or the party credited as the provider of the Website Content. You shall abide by all additional copyright notices, information or restrictions contained in any content accessed through the Website.
viii. Copyright Notices/Complaints, including notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA") may be sent to TOGE reserves the right to terminate any User’s access to the Website if it is determined by TOGE in its sole discretion to be infringing copyright.
ix. This Website may contain links to third party websites. Access to any other Internet website linked to this Website is at your own risk and TOGE is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. TOGE provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
x. TOGE and/or Aristocrat may actively scan Games on the Website to detect and prevent the use of any type of "bot" or additional software by a User, which might give an unfair advantage while playing a Game.
xi. Any User who suspects another User is cheating, colluding, or undertaking a fraudulent activity is encouraged to report this activity to us immediately by email to email@example.com . A report of such suspected activity must include the Username(s) and/or alias(es) involved and a brief description of the suspect activities.
xii. TOGE and/or Aristocrat reserve the right to retroactively cancel or forfeit all awarded Virtual Credits derived from Game play where such prohibited activity has been detected, and may further elect to terminate any User Account and confiscate Virtual Credits of any User engaged in any such activity. TOGE’s decision is final on all actions taken pursuant to this provision.
xiii. TOGE may terminate your User Account, in its sole discretion, at any time for any reason or no reason, with or without notice. Terminate of your User Account may include immediate deactivation and/or deletion of any or all information concerning Your Account, including registration information. TOGE shall not be liable to you or any other person for any termination of your User Account, access to the Website, or removal of information concerning your User Account. If your User Account is terminated, TOGE shall confiscate in full the Virtual Credit balance of Your account.
xiv. You may request to temporarily or permanently close your User Account at any time by emailing firstname.lastname@example.org. Any temporarily closed User Account can be re-opened by applying through the Website to the customer services team at email@example.com.
V. Limitations Of Liability, Warranty Disclaimers, Indemnification
1. LIMITATIONS AND WAIVERS OF LIABILITY
YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL TOGE, ITS OFFICERS, EMPLOYEES, AND REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES OR INJURIES WHATSOEVER CAUSED BY OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ARISING OUT OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER TOGE OR ANY OF ITS OFFICERS, EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL TOGE, ITS OFFICERS, EMPLOYEES OR REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE WEBSITE AND OPERATORS OF EXTERNAL WEBSITES OR SERVICES.
UNDER NO CIRCUMSTANCES SHALL TOGE BE RESPONSIBLE OR LIABLE FOR ANY MALFUNCTIONS OF THE WEBSITE OR ITS RELATED SOFTWARE AND SERVICES, INCLUDING BUT NOT LIMITED TO TECHNICAL, HARDWARE, SOFTWARE, OR TELEPHONE FAILURES OF ANY KIND, COMPUTER MALFUNCTIONS, LOST OR UNAVAILABLE NETWORK CONNECTIONS, SECURITY BREACHES, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS, BUGS OR VIRUSES, AND ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE OPERATION OF THE WEBSITE WHICH LIMITS YOUR ABILITY TO USE THE WEBSITE.
THE ABOVE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE LEGAL THEORY OR THE CAUSE OR NATURE OF THE LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE OR PROFITS, INTERRUPTIONS, LOSS OF DATA, LOSS OF CHANCE OR OPPORTUNITY, INACCURATE RESULTS, OR DELAYS, HOWEVER ARISING AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF TOGE OR ITS OFFICERS, EMPLOYEES OR REPRESENTATIVES RECEIVED PRIOR NOTICE OF THE POSSIBILTY OF SUCH DAMAGES.
2. DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, GAMES, AND RELATED SERVICES IS AT YOUR SOLE RISK AND THESE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALINGS, COURSE OF PERFORMANCE, USAGE, OR TRADE.
TOGE ALSO MAKES NO WARRANTY THAT THE FUNCTIONS CONTAINED IN THE WEBSITE, GAMES, AND RELATED SERVICES 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. TOGE DOES NOT WARRANT THAT THE USE OR RESULT OF THE USE OF THE WEBSITE OR RELATED SERVICES WILL BE ACCURATE OR RELIABLE.
You to defend, indemnify and hold TOGE (including its employees, directors and officers) harmless from and against any and all claims by you and/or third parties, of any and all types, losses, liabilities, demands, suits, judgments and causes of action, and any costs or expenses in connection therewith, including reasonable attorney fees and expenses, which may result from or arise in any manner from or relating to the subject or purpose of these Terms and Conditions.
VI. Governing Law & Remedies
1. Governing Law
The governing law for these Terms and Conditions shall be the laws of the Tohono O'odham Nation, without giving any effect to any principles of conflicts of law.
2. Jurisdiction, Venue and Judgments
The Parties further acknowledge and agree that the Judicial Court of the Tohono O'odham Nation shall have exclusive subject matter jurisdiction over all disputes, actions and claims related to or arising from these Terms and Conditions or Your use of the Website, and You consent to the personal jurisdiction of that court. You further consent to enforcement of any judgment of the Tribal Court in any court of competent jurisdiction.
3. Remedies and Waiver of Breach
The remedies provided for in these Terms and Conditions are cumulative rather than exclusive and are in addition to all other remedies provided by law or equity. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any right or option conferred by such provisions, in any one or more instances, shall not be construed to be a waiver or relinquishment of any such option or right, or of any other covenants or agreements, but the same shall remain in full force and effect.
4. Waiver of Terms and Conditions
The express waiver of any provision, condition or requirement of these Terms and Conditions shall not constitute a modification of these Terms and Conditions, nor shall it constitute a waiver of any future obligation to comply with such provision, condition or requirement. Waivers must be documented in writing and signed by an authorized representative of TOGE.
2. Customer Disputes/Complaints
Any dispute or complaint with regard to the Website, Games, or related services must be submitted to TOGE via email within fourteen (14) days of the incident by emailing firstname.lastname@example.org.
3. Entire Agreement
Subject to any subsequent rules posted herein from time to time (such as temporary tournament or promotion rules), the Terms and Conditions contained herein represent the complete, final and exclusive agreement between You and TOGE and supersede and merge all prior agreements, representations and understandings (whether written or verbal) between You and TOGE. All other written or verbal agreements, representations, or understandings between the Parties of any kind shall be invalid.
On occasion, the Website may feature tournament play or promotions. Specific terms and conditions relating to the Tournament or Promotion will be set out on the Website. As a participant in any tournament or promotion You must agree to abide by these Terms and Conditions governing usage of the Games and the Website and the posted tournament or promotional rules. To the extent that the terms and conditions of the Tournament or Promotion conflict with these Terms and Conditions, the terms of the Tournament or Promotion will prevail. TOGE reserves the right to exclude or cancel your participation in the Promotion at its sole discretion.
TOGE reserves the right to vary the terms of, or terminate, any tournaments or promotions and/or to withdraw any other offers described in these Terms and Conditions at any time and without notice.
In the event You accumulate a material amount of Virtual Credit in your User Account (and materiality shall be determined at the discretion of TOGE) during the course of playing the Games available at this Website You authorize TOGE to publicize your activities playing the Games and associated Virtual Credit accumulation through diverse marketing and promotion undertaken in a manner entirely at TOGE’s discretion and including but not limited to, public news articles, email communications to other Users, and/or advertising of your activities. TOGE will ensure that Your identity is kept confidential unless specifically waived by You.
If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein and shall not affect the validity and enforceability of any remaining provisions.
VIII. Acknowledgment and Consent
By creating a User Account on the Website and/or playing Games on the Website, You hereby represent, agree, warrant and certify all of the following:
i. 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.
ii. You fully understand, agree to, become a party to and shall abide by all rules, regulations, terms and conditions contained in these Terms and Conditions. Such rules, regulations, terms and conditions may change from time-to-time, as described in Section I.B.4 of these Terms and Conditions.
iii. You have the full, complete and unrestricted legal right to participate in the Games and Your participation in the Games is not prohibited in Your jurisdiction or by any other local rule, regulation or law. TOGE makes 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, affiliates, subsidiaries, advertising, promotion (or other agencies), media partners, agents or retailers have the authority to make any such representations or warranties.
iv. You are at least (21) twenty-one years of age.
v. You only have one User Account with the Website and understand that all of Your Accounts may be closed if it is determined that you are deemed to be operating more than one Account.
vi. You shall not allow any other person or third party including, without limitation, any minor, to participate in the Games; use or reuse Your User Account; or access and/or use any materials or information from the Website.
vii. Your interest in the Game and the Website is personal, and not professional or commercial.
viii. Your entering of the Website is solely for Your own personal entertainment and any other entrance, access, use or reuse, or copying of any portion of this Website by You is strictly prohibited.
ix. You do not find the Game or the Website to be offensive, objectionable, unfair or indecent.
x. You understand that You may receive mailings, electronic mail messages and/or cellular text messages and/or emails informing You of news and information relating to the Website, the Games and/or the Desert Diamond Casino property(ies) located near Tucson, Arizona from time to time. You can unsubscribe from future mailings, electronic mail messages, and/or cellular text messages at any time.
xi. You acknowledge that TOGE may in its absolute discretion: (a) decline to accept the registration of any person to the Website; (b) restrict, discontinue, suspend or terminate access to the Website or play on the Website for any reason whatsoever; and/or (c) may retrospectively cancel or unwind all Virtual Credit promotional awards and confiscate any Virtual Credit winnings derived from tournament entries or Game play associated with any Account for which the access has been restricted, discontinued, suspended or terminated. You acknowledge such Virtual Credit winnings as forfeited.
xii. 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 Website or the Games, create improvements, or seek to obtain intellectual property protection on the content of and intellectual property rights in any portion of the Website or the Games.
xiii. 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.
X. Dormant and Abandoned Accounts
i. Your account will be deemed a "Dormant Account" in the event You fail to use your User Account for a single continuous period of 60 days or more. Use of Your User Account consists of playing one or more of the Games.
ii. All Dormant Accounts with Virtual Credits remaining shall be subject to forfeiture of all Virtual Credits contained in the account one day following the first month in which your Account is deemed a Dormant Account.
iii. After Your Account has been deemed a Dormant Account and has subsequently been dormant for an additional calendar month, Your Account may be deemed an 'Abandoned Account' and closed at a time determined by TOGE and Aristocrat.
iv. In the event that You return to the Website in order to carry out any one of the previously stated activities and Your account has been previously deemed either a Dormant Account or an Abandoned Account, please contact Customer Services at email@example.com for a review of Your account.