TERMS AND CONDITIONS
1. INTRODUCTION
The “Terms and Conditions” set out below were updated and are effective as of 00:00 Mountain Standard Time (MST) on September 22, 2023.
Please read these Terms and Conditions carefully before using this www.playgila.com website (the “Website“). By using this Website, you agree to accept and be bound by these Terms and Conditions as between you and Gila River Gaming Enterprises, Inc. (“Company” or “GRGE”). If you do not agree to these Terms and Conditions, do not use this Website.
This Website is provided by the Company in partnership with GAN Nevada, Inc. All content contained on this Website is copyright (c) 2018-2023 GAN Nevada, Inc., a company based in Irvine, California and Las Vegas, Nevada, with its registered office address at 10801 W Charleston Blvd, Suite 125, Las Vegas, Nevada, USA (“GAN”).
Unless otherwise stated, the Company and/or GAN, as applicable, shall be referred to as “us,” “we” or “our,” and 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 gaming services available through the Website (the “Services”).
This Website, the games available on it (the “Game” or “Games”) and the underlying software and hardware platform is wholly hosted in a secure data center in Nevada.
Use of the Services is subject to the terms of our Privacy Policy[1] [2] . 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.
Accessibility
Company is committed to ensuring that our Services are accessible. Company believes access is a civil right and is dedicated to reforming our Services to reflect this value. If you have any questions or concerns regarding accessibility, you can email us at [email protected].
2. COMPLIANCE STATEMENT
This website and the Games offered herein, are made available to eligible end users on a free-to-play and pay-to-play basis only.
The Games offer no monetary prizes or anything else that has independent marketable value.
You may be awarded amounts of notional currency or virtual goods (together referred to in these Terms and Conditions as “Coins”), which can be used in order to access and play the Games. You may elect to pay real money to acquire additional amounts of Coins in order to continue playing, or to commence playing one or more of the Games on a pay-to-play basis. Coins awarded to, or purchased by, you cannot be withdrawn. Furthermore, Coins cannot be translated into money or money’s worth, refunded or shared in any way. You may not buy or sell any Coins outside of the website or in exchange for “real world” money or other items of value. Doing so or any attempt to do so will be a violation of these Terms and Conditions and may result in a lifetime ban from this website and possible legal action. Furthermore, Coins cannot be redeemed for “real world” money, goods, or other items of monetary value from GRGE, GAN, or any other person, and as such, Coins have no cash value.
You cannot win money or money’s worth from your use of the Games in any manner whatsoever and accordingly this website is not enabled for Internet gaming nor does this website offer real money Internet gaming in any form or format whatsoever.
Subject to your compliance with these Terms and Conditions, you are granted a limited, personal, non-exclusive, revocable, non-transferable, non-sub-licensable license to use the Coins within the website solely for your personal non-commercial entertainment purposes. Except for the foregoing license, you hereby accept that you have no right, interest, or title in or to any such Coins, or any other attributes associated with the use of the Coins on the website. GRGE and GAN have the absolute right to manage, regulate, remove, control, modify and/or eliminate such Coins as we see fit and neither GRGE nor GAN shall have any liability to you or anyone else for the exercise of such rights.
Games are offered for amusement purposes only.
3. ELIGIBILITY TO PLAY
This website and participation in the activities on this 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. 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 you reside. You cannot play under any circumstances if you are not at least twenty-one (21) years of age; minors may not play. Additionally, residents in countries outside of the United States, regardless of their age, may not play.
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 twenty-one (21) years of age or over. Where these checks are unable to verify that you are twenty-one (21) years of age or over, we reserve the right to ask you for proof of age, satisfactory to us in our sole discretion. If we are unable to confirm that you are twenty-one (21) years or over within seventy-two (72) hours of your account being opened (or such other period as may from time to time be specified by us, then we are required to 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. In the event you circumvent the technical blocking systems employed by GRGE, or its designees, to prevent access by residents of countries outside the United States your account will be subject to immediate closure and you will forfeit any and all Coins contained therein.
GRGE and its designees reserve the right to carry out local research and to check with local authorities if you fail to produce evidence of your identity within thirty (30) days of a request by GRGE. In the event you fail to produce evidence of your identity, we will treat your account as a “Dormant Account” in accordance with the dormant account policy as set out below.
4. GAMES
The Games found on Playgila.com under the ‘Online Casino’ navigation are a mixture of:
Person-to-person or multi-player games of skill and chance combined; and
Single-player games of chance.
Certain Game rules may have been modified slightly due to the nature of the website and the Internet. You accept and recognize that the Games are provided for entertainment purposes only and do not afford opportunities to win prizes, money or any other forms of real currency.
The Games offered on this website do not replicate odds of winning or the payouts of similar games found in casinos.Therefore, any success with the Games does not imply further success in real money gambling.
5. SESSION COMPLETION
After a one (1) player Game begins, it will continue until:
you win;
you lose;
you resign; or
your connection is terminated for any reason or the game window is closed.
In the event of a multi-stage single-player game where there are still active bets of Coins on the table, the Game status may be stored and resumed at a later date.
After person-to-person Game begins, it will continue until:
you win;
you lose;
you resign; or
your connection is terminated for any reason in which case you will be deemed to have lost the Game if you cannot reconnect to the Game while it is still in progress (please see the terms of our disconnection policy as set out below). If you lose your connection during a game of Pro Blackjack, in which you were in the middle of playing out one (1) 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 hand or hands of blackjack. If you do not re-connect to continue play of the session of Pro Blackjack within thirty (30) days, then your Coins will be deducted or forfeited to GRGE.
In the event that:
a disconnection occurs; or
you close the Game-lobby window (which closes all Game Tables); or
you close the Game-Table window; then
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, then you will be given the opportunity to rejoin your Game table (the “Disconnect Protection”). If you do not reconnect within the two (2)minute period, then your opponent will be deemed the winner and your Coins or Coins-liability will be deducted or forfeited.
Our software will detect whether there has been a genuine disconnection. If you try to claim Disconnect Protection by simply getting ”timed out,” then 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 Coins 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 Coins 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 may be communicated via electronic mail or via the website.
6. AVAILABILITY OF GAMES
We reserve the right, in our sole and absolute discretion and without liability, to cancel or suspend a Game for any reason, or no reason.
7. PASSWORD RESPONSIBILITY
It is your responsibility to safeguard your access details from any unauthorized use. We recommend that you change your password on a regular basis. You 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 be responsible for all communication from your account with us.
We shall not be required to maintain usernames or passwords. If you misplace, forget, lose or are otherwise unable to enter the website playgila.com (Online Casino), we will not be responsible and will not be held liable for any claims regarding your account.
8. MODIFICATION OF TERMS AND CONDITIONS
We reserve the right to modify and/or amend any of these Terms and Conditions from time to time as we deem fit. The Terms and Conditions contained herein may be modified and/or amended without notice to you. Any such modifications and amendments will take effect upon posting in the “Terms and Conditions” section of this website. You should check the website from time to time to review these Terms and Conditions because they are binding on you.By your continued play and maintaining an account you agree to the Terms and Conditions of this website.
9. REPRESENTATIONS & WARRANTIES BY PLAYERS
By entering the website, opening and using an account on the website, and playing Games on the website, you hereby represent, warrant and certify all of the following:
you are not required to participate in the Games;
your participation in the Games is at your sole option, discretion and risk;
you fully understand, agree to, become a party to, and shall abide by, all rules, regulations, terms and conditions contained herein and as such rules, regulations, terms and conditions may change from time to time;
you have the full, complete and unrestricted legal right to participate in the Games and your participation in the Games is not prohibited in your jurisdiction or by any other local rule, regulation or law;
you are at least twenty one (21) years of age and an “adult” (as that term is legally defined in your jurisdiction) or the age necessary to participate in the Games, if the jurisdiction within which you are playing from requires you to be over a certain age;
you only have one account, username and password with GRGE for all of the websites run by us, and understand that your account may be closed if you are deemed to be operating more than one account or username, or as otherwise set out under these Terms and Conditions;
you shall not allow any other person or third-party including, without limitation, any minor, to participate in the Games, use or reuse your account, or access and/or use any materials or information from the website;
you understand that you obtain no rights to any trade names, terms, graphics, text, concepts or methodologies of GRGE or GAN, by using the website and the material contained therein;
your interest in the Game and the website is personal, and not professional;
your entering of the website is solely for your own personal entertainment and any other entrance, access, use or reuse of this website by you is strictly prohibited;
you play the Games entirely at your own risk;
you shall periodically review at a rate not less than once monthly these Terms and Conditions posted within the “Terms and Conditions” section of the website;
you shall not participate in the Games, open, use or reuse an account, or enter the website, if you do not fully understand, agree to, become a party to, and shall abide by, without exception, all rules, regulations, Terms and Conditions contained herein, and as may change or be amended from time to time;
you do not find the Game or the website to be offensive, objectionable, unfair or indecent;
you understand that from time to time you may receive mailings, cellular text messages and/or emails informing you of news and information relating to http://playgila.com (Online Casino), the Games and/or our land-based casino properties located in Arizona, and that you can unsubscribe from future mailings at any time in accordance with the GRGE Privacy Policy;
you acknowledge that we make no representations or warranties, implicit or explicit, as to the legal right for you to participate in the Games, and that none 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;
you acknowledge that the chat room facility is provided solely to enhance your or your opponent’s enjoyment of a Game, and that you will not use the chat room facility to post any obscene, racist, sexist, defamatory, inflammatory or otherwise objectionable wording in violation of our Code of Online Conduct set out below;
you acknowledge that we, without liability or responsibility, may in our absolute and sole discretion:
i) decline to accept the registration of any person, including you, to this website;
ii) restrict, discontinue, suspend or terminate access to the website or play on the website for any reason whatsoever;
iii) retire, cancel, expire or unwind all Coins promotional awards and confiscate any Coins winnings derived from tournament entries or wagers associated with any account the access to which has been restricted, discontinued, suspended or terminated;
iv) actively scan Games on our website to ensure that no players are using any type of ‘bot’ or additional software in order to give themselves an unfair strategic advantage while playing a Game;
v) retrospectively cancel or unwind all Coins promotional credit awards and terminate any account and confiscate any Coins winnings derived from tournament entries or wagers where we have detected, on review of GRGE gameplay, that such aids have been used; and
vi)retire, cancel or expire any Coins upon either the end of operating Games on the website or upon the replacement of the current Game system on the website with a different Game system on the website.
10. COLLUSION, CHEATING AND FRAUD
You acknowledge that, while playing any head-to-head or multiplayer Game in competition against or seated with other players of the same Game, 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 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 all reasonable steps to prevent them.
If you suspect any player is cheating or colluding or undertaking a fraudulent activity, you agree to report that activity to us immediately by email to [email protected], and to identify the player or players’ usernames or aliases involved, together with a brief description of their suspect activity.
We reserve the right to terminate your account, withhold or confiscate in full or part (at our absolute discretion) the Coins balance of your account and in doing so recover from your account the amount of any Coins 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 Coins gaming with any other online provider of Coins 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 the process to “charge back” a bank card or have denied any of the Coins 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 involves or may involve a 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.
If we become aware or suspect that you are participating in any form of unlawful activity, collusion or fraudulent practice, then 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 GRGE and/or GAN or any of their respective subsidiaries or 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.
11. DISCLAIMER OF LIABILITIES
Under no circumstances, including but not limited to, negligence, shall GRGE or GAN, nor their respective employees, suppliers or affiliates, be liable for any loss of chance or opportunity, loss of income, loss of use of money, loss or corruption of data, damages (including loss of profit), special, consequential or otherwise, that result from the use of, or the inability to use, the materials in this website, even if our representative (authorized or otherwise) has advised you of the possibility of such.
The materials in this website are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, course of dealings, course of performance, usage or trade. Applicable law may not allow for the exclusion of implied warranties and, to that extent only, the above exclusion may not apply to you.
We are not under any obligation to provide the website or any Games, or the opportunity for any person to participate or continue to participate in any Game or tournament.
We do not warrant that the functions contained in the content of this website will be uninterrupted or error-free, that defects will be corrected, or that this website (or the server that makes the website content available) is free of viruses or other harmful components.
We are not responsible for:
technical, hardware, software, telephone failures of any kind;
lost or unavailable network connections;
incomplete, garbled, or delayed computer transmissions; and/or
any technical or human error that may occur in the processing of submissions, which may limit your ability to participate in the website, whether caused by us, by you or by any of the equipment or programming associated with or utilized in the provision of the Games and the website.
We do not warrant or make any representations regarding the use or the result of the use of the materials in this website in terms of correctness, accuracy, reliability or otherwise.
We shall not be liable for computer malfunctions, nor attempts by you to participate in the Games by methods, means or ways not intended by us.
We are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected or postage due on mail.
We may collect information about your computer including, where available, your IP address, operating system and browser type. This is statistical data and does not identify any individual.
12. CHOICE OF LAW/JURISDICTION
These Terms and Conditions and the agreements made herein shall be governed and construed in accordance with the laws of the Gila River Indian Community without giving any effect to any principles of conflicts of law that might direct the application of the laws of any other jurisdiction. Any legal action or proceeding relating to your access to, or use of, the website or content shall be instituted in the Gila River Indian Community Court. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
13. OPERATION
This website is operated from a server, or servers, owned by GAN. Neither GRGE nor GAN makes any representation that the materials or content in this website are appropriate or available in every location.
If you choose to access this website you do so on your own initiative and are responsible for compliance with local laws, if and to the extent applicable.
14. RESPONSIBLE CREDIT GAMING
We want you to enjoy online free-to-play and/or Coins-based pay-to-play gaming in a responsible fashion and request that you follow these simple guidelines:
Please try to establish limits for the Coins-based payments you are willing to make over any period of time, before you start playing.
Free-to-play and Coins-based gaming on this website is not recommended if you are recovering from a dependency or are under the influence of alcohol or other substances.
Coins-based gaming on this website is not recommended if it might interfere with your daily responsibilities.
15. COMPLAINTS AND DISPUTES
We hereby inform you that we shall record all electronic transactions in the interests of staff and players.
If you wish to make a complaint, you must do so by contacting our support team at [email protected]. A complaint must be submitted to the support team within six (6) months of when the event giving rise to the complaint occurred. We will not process or consider any complaint submitted after the six (6) month deadline.
16. MISCELLANEOUS
Subject to any rules posted herein from time to time (such as Tournament Rules) the Terms and Conditions contained herein represents the complete, final and exclusive agreement between you and GRGE and supersedes and merges all prior agreements, representations and understandings between you and GRGE.
If any provision of these Terms and Conditions shall be determined to be unlawful, void or for any reason unenforceable, then the unlawful, void and/or unenforceable provision(s) shall be reformed by a court or tribunal to tailor such provision to be as close to the manifest intent of these Terms and Conditions as possible. If such term cannot be reformed, then such term shall be severable from the other provisions contained herein and shall not affect the validity and enforceability of any of the remaining provisions.
Other than the limited, permitted use to participate in the Games on the website, you agree not to use any content provided through the website for any public or commercial purpose without our express written permission. You agree not to download, rent, lease, loan, distribute, create derivate works, copy, re-use, modify, adapt, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or discover the source code of all or any portion of the Games, create improvements, or seek to obtain intellectual property protection on the content of any intellectual property rights in the Games. Nothing contained in this website shall be construed as granting by implication, estoppel, or otherwise, a license or right of use of any trademark displayed in the website.
Coins-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 Coins-based sum deducted from your account with respect to that Game may be credited to your account.
While you may request to close your account, any closed account can be re-opened by applying to the GRGE services team at [email protected]. You may wish to permanently close your account by electing to “self-exclude.” In order for you to “self-exclude” please contact our GRGE services team requesting specific “self-exclusion” documentation.
We reserve the right to remove Coins from your account if we, at our sole discretion, deem you have attempted to abuse the Coins.
17. CODE OF ONLINE CONDUCT
When you chat to other persons online you are required to use polite and courteous behavior, and to extend those widely recognized levels of social etiquette employed during telephone communications or meetings in person. While the great majority of our online players understand and adhere to these recognized levels of courtesy and politeness in all chat room discussions and email messages (“Communications”) a small minority engage in unacceptable behavior during such Communications (“Abuse”). We accept and recognize your right to freedom of expression during online communications but you shall adhere 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:
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, promoting cheating in games, obscene, pornographic, profane, sexually explicit, abusive, invasive of privacy, infringing of intellectual property rights, is otherwise injurious to third parties or objectively objectionable, consist of or contain software viruses, links to other websites, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”;
repeated or one-off Communications during a Game session intentionally timed to distract or otherwise interfere with the course of the Gameplay; and/or
employing sexual language or words suggesting inappropriate behavior.
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 and Conditions. We monitor, store and review all chat room and in-Game Communications on a regular basis and will investigate any complaints submitted by our players. Failing to comply may result in the suspension and/or termination of your user account. Suspended accounts may be re-activated at our discretion.
18. PAYMENTS FOR VIRTUAL CREDIT
Please ensure all of your personal details relevant to your account on the website (under the section My Account/My Details) are correct. If any of your personal details are either incorrect or missing, we will not be able to authorize and process your payments in return for Coins.
Credit Cards
We accept payments for Coins by MasterCard and Visa. All credit card transactions are completed on a secure encrypted link between our head office and the clearing bank. This payment method is free.
ACH Bank Transfers
It is also possible to send us an online bank transfer from your bank account. Please click on ‘Buy Coins’ and choose ‘Bank Transfer’ to find all the bank details needed to arrange this payment method.
We reserve the right to conduct a security review at any time to validate:
your identity;
your age;
the registration data provided by you;
that your use of the Games was in compliance with these Terms and Conditions and of applicable law; and
that your financial transactions conducted via this website were in compliance with these Terms and Conditions and of applicable law.
You 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, ordering a credit report and verifying the information provided by you against databases provided by third parties. To enable us to fully conduct these inquiries you agree to provide such information or documentation as we, in our sole unfettered discretion, may request.
19. PROMOTIONAL OFFERS
You may be awarded Coins to use on the website by opening an account online and thereby automatically accepting a promotional offer.
You may be awarded THE Card® Point Play credited to your GRGE reward card (aka THE Card®) and redeemable in the GRGE casino property, consequent only to undertaking purchases of Coins via the website (and not, in any way, consequent to your activity playing the Games or any outcomes associated with playing the Games).
As a participant in any promotion (“Promotion”) you must agree to abide by these Terms and Conditions governing usage of the Games and the website.
Specific terms and conditions relating to the Promotion will be set out on the website under the promotions section of this website.
To the extent that the terms and conditions of the Promotion conflict with these Terms and Conditions, the terms and conditions of the Promotion will prevail.
We reserve the right to vary the terms of, or terminate, the Promotion 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 Promotion is available only once per player. The identity of a GRGE THE Card® account 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. If you are found to have multiple accounts it will result in all your accounts being closed and any Coins being forfeited.
We reserve the right to ask you to provide sufficient documentation to satisfy us in our absolute discretion as to your identity prior to us awarding any Coins consequent to any promotion.
20. WITHDRAWALS
Coins may not be withdrawn from your account under any circumstances. You acknowledge that the Coins held within your account consequent to purchases of Coins in return for real money have no monetary value and are neither money nor real currency. Your Coins balance is associated with your account. It may not be gifted, exchanged or in any manner transferred to another person or company.
21. PUBLICITY
In the event you accumulate a material amount of Coins in your account (and materiality shall be determined at the sole discretion of GRGE or GAN) during the course of playing the Games available at this website, you authorize us to promote your activities playing the Games and associated Coins 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 GRGE properties;
press releases intended for publication to the public; and
advertising of your activities.
At all times we will ensure that your identity is kept confidential unless specifically authorized by you.
22. FEES DERIVED FROM VIRTUAL CREDIT PAYMENTS
Although you are never required to do so, if you wish to purchase Coins, you will be required to pay a fee using “real world” money. We will charge you one hundred percent (100%) of the real money sums paid by you, in return for Coins you purchase to continue playing the Games available on this website. This fee shall be taken in full effective the moment your real money online payment in return for any amount of Coins is successfully processed. We charge this fee to cover our costs of development, hosting and maintenance and share any profits with commercial partners.
Dormant Accounts
Coins will expire after two months of inactivity (i.e., if no Games are played during that time).
Your account will be deemed a “Dormant Account” in the event you fail to use your account for a single continuous period of 90 days or more. Use of your account may be constituted by playing one or more of the Games for Credit, or purchasing Coins.
All Dormant Accounts with Coins remaining shall be subject to an inactivity charge of 100% of all Coins contained in your account one day following the first month in which your account is deemed a Dormant Account. After your account has been deemed a Dormant Account and has subsequently been dormant for an additional calendar month, your account shall be deemed an “Abandoned Account” and closed at a time solely determined by GRGE and/or GAN.
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 send a request to [email protected] for a review of your account.
23. 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.
24. REFERRAL PROMOTION
We reserve the right to vary the terms of, or terminate, the Referral Promotion and/or to withdraw any offers described in these terms at any time and without notice and shall not be held liable for doing so.
25. TOURNAMENT RULES
In addition to Games, this website may from time to time offer tournaments in which a prize other than Coins may be awarded to the winner. In such event, in addition to the Terms and Conditions, the following specific rules (“Tournament Rules”) shall govern entry into any of the tournaments available on this website (the “Tournament(s)”).
The eligibility requirements for entry into any Tournament are subject to change at any time based upon changes in applicable law or our policies. In order to participate and claim any prize offered on this website through Tournament play:
You must not be a resident of any “Excluded Areas.” Excluded Areas at present are any of the following: Alabama, Alaska, Kentucky, Minnesota, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Ohio, South Carolina, Washington, and Washington D.C.. You are deemed a resident of one of the Excluded Areas if you are registered as a resident in that Excluded Area for tax, voting, or welfare purposes or for any other reason that we may deem to be sufficient evidence that you are a resident of one of the Excluded Areas.
You must not be physically located in any of the Excluded Areas whilst participating in the Tournament regardless of whether or not you are a resident of the Excluded Areas.
You meet all of the other eligibility requirements set out in these Terms and Conditions, including but not limited to the minimum age requirement of twenty-one (21) years of age.
By entering the Tournament, you hereby warrant that you meet the eligibility requirements referred to above. You also acknowledge that you are subject to all laws applicable to the area in which you reside and/or from which you access the Tournament and you are solely responsible for obeying those laws. You agree that neither GRGE nor GAN can be held liable if laws applicable to you restrict or prohibit either your participation in the Tournament or your ability to be awarded any prizes available in the Tournaments. We make no representations or warranties, implicit or explicit, as to your legal right to participate in the Tournament.
We reserve the right to monitor the location from which you access the Tournament and to block access from any jurisdiction in which participation or the ability to be awarded prizes is illegal or restricted, although your ability to access the Tournament shall not be deemed to represent our acceptance or acknowledgement of your eligibility to participate in the Tournament.
If we suspect you of undertaking any of the following actions, then you will automatically be disqualified from the Tournament and may have your account suspended for further investigation or closed:
soft-playing;
chip-dumping;
team playing, collusion or fraudulent practices; r
using unfair external factors or information in a manner which we deem inappropriate; or
any other breach of these Terms and Conditions.
We may elect to award prizes to winners of Tournaments or to leaders of leaderboards and the award of any such prizes is entirely at our discretion. We expressly reserve the right to exclude any participant before, during or after the Tournaments, regardless of the outcome of the Tournament or the leaderboard status.
Prospective winners will be contacted by our support team and will then have thirty (30) days to confirm their identity and accept prizes. We may, at any time, ask that you provide an affidavit (and supporting documentation) as to your eligibility to enter into the Tournament and reserve the right to withhold any prizes if we do not receive an affidavit and all such documentation to our entire satisfaction. Failure to comply with this will result in the prizes being forfeited.
In the case of any dispute, we will review any claims in accordance with our disputes procedure and our decision shall, in all cases, be final.
All applicable local, state, and federal taxes are the sole responsibility of the winner(s).
We reserve the right to change the Tournament Rules at any time without prior notice, and may issue additional terms and conditions at our sole discretion.
PRIVACY NOTICE
Welcome to the Company’s Play Gila online privacy policy (the “Policy”) of Gila River Gaming Enterprises, Inc. (“Company” or “GRGE”) for the Website. Information is collected and used by the Company, in partnership with GAN Nevada, Inc., a company based in Irvine, California and Las Vegas, Nevada, with its registered office address at 10801 W Charleston Blvd, Suite 125, Las Vegas, Nevada, USA (“GAN”), as set forth herein. GAN collects information and shares the information with 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 Play Gila 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, 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 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, your geographic location, [3] 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 do not control these third parties’ tracking technologies or how they may be used. Certain third-party advertising networks, such as Facebook Ads, Google AdSense and AdRoll, use the collected information to serve ads to you on our behalf on other sites throughout the Internet. These cookies do not contain personally identifiable information or PHR Data, nor are they linked to any personal information collected by us. The information practices of these third party advertising companies are governed by their own privacy policies and are not covered by this Privacy Policy.
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, advertising on social media platforms, notifying you of special promotions, offers and events via postal mail, e-mail, telephone, text message, and other means. Such advertisement may include promotion of other products and services provided by Company. 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 Use 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 opt out of communications by following the unsubscribe link in the email we sent you or email us at [email protected].
B. Telemarketing and Text Marketing
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].
You may opt out of receiving emails or text messages from us at any time either by texting the word “STOP” to any text message using the mobile device that is receiving the messages, by using the unsubscribe link contained in the email, or by contacting the sender. We may change any short code or telephone number we use to operate the texting services at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
Despite your election to opt-out, if you are still receiving services from us, we may send you emails or 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. RIGHTS OF CALIFORNIA, COLORADO, NEVADA, CONNECTICUT, UTAH AND VIRGINIA [4] RESIDENTS
If you are a resident of California, Colorado, Nevada, Connecticut, Utah or Virginia, you have other rights under your respective states’ consumer privacy statutes:
● Right of Access: You can access your collected Personal Information by contacting us at [email protected].
● Right to Correct, Update, or Delete: You can correct, update, or request deletion of your Personal Information by contacting us at [email protected]. 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.
● Right to Request Disclosure of Information Collected: Please contact us at [email protected] request further information about the categories of Personal Information we have collected about you, where we collected your Personal Information, and for what purpose we use your Personal Information.
● Right to Disclosure of Information Sold or Shared and Right to Opt-Out of the Sale or Sharing of your Personal Information: You have the right to know what information of yours we have sold, the categories of Personal Information shared, and you have the right to opt-out of any sale or sharing of your information. We do not sell or share any of your information. If you have any questions about these rights, please contact us at [email protected].
● Rights to Disclosure of Sensitive Information (California): If you are a resident of California, you have a right to know how we collect, process, and disclose “Sensitive Personal Information” (SPI). SPI includes highly sensitive data such as: social security number; driver’s license; passport number; financial account information and log-in credentials; precise geolocation data; genetic data; and ethnic origin. We collect and process the following types of SPI: social security number, financial account information and log-in credentials, and precise geolocation data through IP Address. We use the SPI to provide the Services to you and to be able to process payment from you. If you have any questions about the disclosure of SPI, please contact us at [email protected].
● Right to Retention Details (California): If you are a resident of California, you have a right to know the length of time we to retain each category of Personal Information or if that is not feasible, the criteria we will use to determine that retention period. If you have any questions about this right or our data retention protocol, please contact us at [email protected].
● Right to Disclosure of Targeted Advertising and Right to Opt-Out (Connecticut, Colorado & Virginia): If you are a resident of Connecticut, Colorado or Virginia, you have the right to know what information of yours we have processed for targeted advertising. We do not engage in targeted advertising. If you have any questions about these rights, please contact us at [email protected].
● Right to Disclosure of Profiling (Connecticut, Colorado & Virginia): If you are a resident of Connecticut, Colorado or Virginia, you have the right to know what information of yours we have processed for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. If you have any questions about these rights or wish to opt-out of any processing of your Personal Information as it relates to profiling, please contact us at [email protected].
● Right to Non-Discrimination: We do not and will not discriminate against you if you exercise your rights under the CCPA, CPA, NPICICA, CTDPA, UCPA and VCDPA.
● 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].
● Right to Submit a Complaint to a Data Protection Authority, Attorney General, or Gaming Commissions: You have the right to file a complaint concerning the use or storage of your Personal Information
When you contact us regarding any of your rights under the CCPA, CPRA, CPA, NPICICA, CTDPA, UCPA or VCDPA we will verify your identity before we provide any information. If you have any questions or comments about your rights under the CCPA, CPRA, CPA, NPICICA, CTDPA, UCPA or VCDPA please contact us at [email protected].
VII. 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 or aggregate 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. Please note that deletion of your data may result in you no longer eligible to receive our Services.
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.
VIII. 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. 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.
E. 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.
IXVIII. 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.
XI. 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 that apply to the collection, security, use and disclosure of Personal Information.
XII. 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 our Website and/or the services after any changes to this Policy constitutes your acceptance of such changes.
XIII. CONTACT US
You may forward any question or concern regarding this Privacy Policy or the use and disclosure of Personal Information by e-mailing [email protected].
