Seminole
Social Casino Terms of Service
Last Updated:
January 15th, 2018
NOTICE
REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW
CLAIMS YOU HAVE AGAINST THE TRIBE ARE RESOLVED (SEE SECTION VII (DISCLAIMER;
LIMITATION OF LIABILITY) AND SECTION XII (APPLICABLE LAW; JURISDICTION; DISPUTE
RESOLUTION).
I. INTRODUCTION
The Social
Casino Games (“Games”) made available via the Seminole Social Casino are
intended for use only by those 18 or older (and have the legal capacity to
enter contracts), 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.
These Terms
of Service (“Terms”) is an agreement between you (“you” or “user”) and The
Seminole Tribe of Florida, a federally recognized Indian tribe doing business
as Seminole Gaming, and its respective parents, subsidiaries, and affiliates
(collectively, “the Tribe”, “we”, or “us”). These Terms govern your access and
use of the Games available through and/or developed by Greentube, interactive
features, applications, widgets, blogs and mobile applications, and their
respective contents, the acquisition and use of virtual goods and virtual
currency, communications (including e-mails) and User Content (defined below)
whether accessed via computer, mobile device or other technology, and which are
available through various websites (including without limitation
seminolesocialcasino.com, and other websites or web pages on which these Terms
are posted, unless other or additional terms and conditions are posted or
otherwise apply or are agreed upon in individual cases) (collectively, the
“Services”). By using the Services, you agree to be bound by the terms and
conditions contained in these Terms. If you do not agree to the terms and
conditions contained in these Terms, you may not access or otherwise use the
Services.
In addition,
when using particular services or features or making purchases on the Services,
you shall be subject to any posted guidelines or policies applicable to such
services, features or purchases that may be posted from time to time. All such
guidelines or policies are hereby incorporated by reference into these Terms.
In addition,
you will have the option of selecting and registering an account with a home
casino (“Home Casino”), which may offer other services (“HC Services”). All use of the Games and the Tribe’s Services
is subject to these Terms regardless of the Home Casino you use and any terms
and conditions it may present.
By using the
Services or Games, you certify that you are at least 18 years of age or older
(or the age of majority in your jurisdiction, if applicable, but in no event
younger than 18 years old) and have the legal capacity to enter contracts. We reserve the right to verify age at any
time. In addition, you are not permitted to access and play the Games or use
the Services in Belgium, China, Hong Kong, Macau, Russia, Singapore and Turkey
and any other jurisdiction where such access and use is illegal or prohibited,
or if you reside in a country that is on the United States embargo countries
list (collectively, “Excluded Jurisdictions”). Persons on the US Department of
Treasury Specially Designated Nationals or Blocked Persons Lists are also not
permitted to use the Services. 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.
NOTICE
REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW
CLAIMS YOU HAVE AGAINST THE TRIBE ARE RESOLVED (SEE SECTION XII BELOW
II. CONNECTIVITY, COMMUNICATIONS, PRIVACY
You are
responsible for obtaining and maintaining all equipment and mobile, cellular
and data services needed for access to and use of the Services as well as
paying related charges such as data usage, message fees and other charges from
your wireless or internet provider. You must have an internet-enabled cell
phone or device using either the iOS or Android operating system in order to
access the Tribe’s mobile applications. Normal carrier charges and taxes may
apply to any content you obtain from the Services. The Tribe is not responsible
for any surcharges you incur from your cell phone or internet service provider
as a result of the use of the Services.
You expressly
agree that, as part of the Services, you may receive communications by push
notification and/or email using automated technology, including promotional
communications from time to time. A purchase is not required to opt in to
receiving such promotional communications. You may stop receiving promotional
alerts via email by clicking the unsubscribe links contained in such emails or
by disabling push notifications on your mobile device. You may not opt out of
service-related emails.
Use of the
Services is subject to the terms of our Privacy Policy, which is hereby
incorporated into and made part of these Terms. Please carefully review our
Privacy Policy. By using the Services, you
acknowledge that you have read, and you agree to be bound by, the terms of our
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 these
Terms.
In addition,
please note that each Home Casino may have its own privacy policy. If you
register with a Home Casino, you must agree to the privacy policy of that Home
Casino.
III. COPYRIGHT; TRADEMARKS; LICENSE; RESTRICTIONS
You
acknowledge that the Services and all content and other 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 the Tribe or its licensors,
and are subject to and protected by applicable 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 these Terms or
otherwise. All rights to Materials not expressly granted in these Terms are
reserved to their respective copyright owners. Except as expressly authorized
by these Terms 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 the Tribe or the respective
copyright owner. The Tribe 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 original Materials.
You may not modify 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 the Tribe and/or its licensors and may not be
copied, imitated or otherwise used, in whole or in part, without the prior
written authorization of the Tribe and/or licensors. In addition, all page
headers, custom graphics, button icons and scripts are Marks of the Tribe and
may not be copied, imitated or otherwise used, in whole or in part, without the
prior written authorization of the Tribe.
The Tribe
will enforce its intellectual property rights to the fullest extent of the law.
In addition,
the Tribe may offer a mobile application (“App”) for use in connection with the
Services. The App is the property of the Tribe or its licensors, and is subject
to and protected by applicable 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 these Terms or otherwise. All
rights to the App not expressly granted in these Terms are reserved to their
respective copyright owners. Provided you are in compliance with these Terms,
we grant to you a limited non-exclusive, non-transferable, royalty free
personal license to download the App onto a single mobile device and to access
and use the Services solely for purposes of playing Games and using the
Services in accordance with these Terms. If you download the App from a
third-party mobile app store (“App Store”), you agree to abide by the terms and
conditions of the App Store and agree that the App Store shall have no liability
for the App or your use of the Services.
You may not:
(i) remove any copyright, trademark or other proprietary notices from any
portion of the Services; (ii) reproduce, modify, prepare derivative works based
upon, distribute, license, lease, sell, resell, transfer, publicly display,
publicly perform, transmit, stream, broadcast or otherwise exploit the Services
except as expressly permitted by the Tribe; (iii) decompile, reverse engineer
or disassemble the Services or the App except as may be permitted by applicable
law; (iv) link to, mirror or frame any portion of the Services; (v) cause or
launch any programs or scripts for the purpose of scraping, indexing,
surveying, or otherwise data mining any portion of the Services or unduly
burdening or hindering the operation and/or functionality of any aspect of the
Services; or (vi) attempt to gain unauthorized access to or impair any aspect
of the Services or its related systems or networks.
Where
applicable at the Services (e.g., on message boards), you are invited to post
your own content (“User Content”). You understand that all User Content,
whether you have publicly posted on a forum, posted as part of your profile, or
privately transmitted to another Services user or to us, is your sole
responsibility. Though the Services are designed to be a safe place to share
such User Content, the Tribe cannot guarantee that other users will not misuse
the User Content that you share. If you have any User Content that you would
like to keep confidential and/or do not want others to use (including, but not
limited to, photos, personal information, name, home address, telephone number,
etc.), do not post it to the Services. Under no circumstances will the Tribe be
liable in any way for any User Content, including, but not limited to, any
errors or omissions in any User Content, or for any loss or damage of any kind
incurred as a result of the use of any User Content posted, emailed or
otherwise transmitted via the Services. THE TRIBE IS NOT RESPONSIBLE FOR A
USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SERVICES.
By posting
any User Content to the Services, you hereby grant the Tribe a royalty-free,
fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable
right and license to use, reproduce, modify, adapt, publish, translate, combine
with other works, create derivative works from, distribute, perform, edit and
display such User Content (in whole or part) worldwide and/or to incorporate it
in other works in any form, media, or technology now known or later developed.
You specifically waive any “moral rights” in and to the User Content to the
maximum extent permitted by applicable law. The foregoing grant includes,
without limitation, any copyrights and other intellectual property rights in
and to your User Content. You represent and warrant that you own the User
Content posted by you on or through the Services or otherwise have the right to
grant the license set forth in this Section IV and that the posting of your
User Content on or through the Services does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any
person. You agree to pay for all royalties, fees, and any other monies owing
any person by reason of any User Content you posted to or through the Services.
You
acknowledge and agree that the Tribe may preserve User Content and may also
disclose User Content if required to do so by applicable law or in the
good-faith belief that such preservation or disclosure is reasonably necessary
to comply with legal process; enforce these Terms; respond to claims that any
User Content violates the rights of third parties; or protect the rights,
property, or personal safety of the Tribe, its users and the public. You
understand that the technical processing and transmission of the Services,
including your User Content, may involve transmissions over various networks
and changes to conform and adapt to technical requirements of connecting
networks or devices.
You agree to
each of the conditions in these Terms and further agree that each of these
conditions applies forever and broadly with regard to the Tribe worldwide.
Posting of User Content to or through the Services, including ideas or
disclosures of opinions, is voluntary on your part. No confidential or
additional contractual relationship is established by your posting of User
Content or is to be implied by our review or subsequent use of your User
Content. The Tribe shall not be liable for any disclosure of any User Content,
including opinion(s) or suggestion(s), you post to or through the Services. THE
TRIBE SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE
FROM YOU AT OR THROUGH THE SERVICES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR
OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
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, or racially, ethnically or
otherwise 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 the
Tribe, 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 applicable law or under contractual or fiduciary
relationships (such as inside information or 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, except in those areas that are designated
for such purpose;
(h) upload,
post, email or otherwise transmit any material that contains software viruses
or any other computer code, files or programs designed to 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 Services users, 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.
You
understand that by using the Services, you may be exposed to User Content
created by others that is offensive, indecent or objectionable. The Tribe does not endorse or have control
over what is posted as User Content. User Content is not reviewed by the Tribe
prior to posting and does not reflect the opinions or policies of the Tribe.
The Tribe makes no representations or warranties, express or implied, as to the
User Content or the accuracy and reliability of the User Content or any other
material or information that you may access through the Services. The Tribe
assumes no responsibility for monitoring the Services for inappropriate
submissions or conduct, but reserves the right to do so. If at any time the
Tribe chooses, in its sole discretion, to monitor the Services, the Tribe
nonetheless assumes no responsibility for the User Content, has no obligation
to modify or remove any inappropriate User Content, and has no responsibility
for the conduct of the Services users submitting any such User Content.
Notwithstanding
the foregoing, the Tribe and its designees shall have the right to remove any
User Content at any time, without notice and for any reason, including, but not
limited to, User Content that violates these Terms or is otherwise
objectionable, in the Tribe’s sole discretion. You agree that you must evaluate
and bear all risks associated with the use of any User Content, including any
reliance on the accuracy, completeness, or usefulness of such User Content. The
Tribe may store User Content indefinitely. However, the Tribe has no obligation
to store User Content or make it available to you in the future.
You are
solely responsible for your interactions with other Services users. The Tribe
reserves the right, but has no obligation, to monitor disputes between you and
other Services users. The Tribe reserves the right to terminate your Services
access if the Tribe determines, in its sole discretion, that doing so is
prudent.
You may
submit reviews or other feedback using forms on the Services. Any comments,
suggestions, or feedback relating to the Services (collectively “Feedback”)
submitted to the Tribe shall become the property of the Tribe. The Tribe will
not be required to treat any Feedback as confidential and will not be liable
for any ideas (including, without limitation, product, application, site,
Services or advertising ideas) and will not incur any liability as a result of
any similarities that may appear in the Services, or operations, in the future.
Without
limitation, the Tribe will have exclusive ownership of all present and future
existing rights to the Feedback of every kind and nature everywhere and will be
entitled to use the Feedback for any commercial or other purpose whatsoever,
without compensation to you or any other person sending the Feedback. You
acknowledge that you are responsible for whatever Feedback or other material
you submit, and you, not the Tribe, have full responsibility for the Feedback
or other material, including its legality, reliability, appropriateness,
originality and copyright.
V. LINKS; THIRD-PARTY WEBSITES
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 that the Tribe and its
Affiliated Parties (as defined in Section VII below) 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 of 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; that is inaccurate, untrue, misleading or
deceptive; or that is defamatory, libelous, infringing of others’ rights or
otherwise unlawful. The Tribe expressly disclaims any responsibility for the
content, legality, decency or accuracy of any information, and for any products
and services, that appears on any third-party website or application.
Without
limiting the foregoing, your correspondence or business dealings with, or
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 the
Tribe and its Affiliated Parties (as defined in Section VII below) 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.
The Tribe 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.
VI. GAME PLAY, VIRTUAL GOODS AND LOYALTY POINTS
The Services
offer the ability of users to play various Games, which may be subject to
additional rules and policies issued by the Tribe or Home Casinos. You agree to
abide by such rules and policies in any Games.
You agree not to engage in any cheating, fraudulent or unsportsmanlike
behavior or use any software, code or device that gives you an unfair advantage
in any Game. Any violation of such rules and policies or Game rules shall be
grounds for your disqualification from such Games and termination of your
license to use the Services or Materials.
The Services
may include an opportunity to purchase Virtual Goods (as defined below), using
real-world money or otherwise. Virtual Goods may include in-game currency
and/or other virtual items (“Virtual Goods”). A Virtual Good is a set of rights
to digital items, as licensed by the Tribe. The Tribe grants you a limited,
non-transferrable, revocable royalty free license to use the Virtual Goods,
solely for use with the Services and within the scope of and in accordance with
conditions established by Tribe for any given game. Regardless of any
terminology used in connection with the Services, you do not own any of the
Virtual Goods or acquire any rights therein other than as expressly set forth
herein. The Virtual Goods are for entertainment purposes only and have no
monetary value. Virtual Goods can never be redeemed for real money, goods, or
any other item of monetary value from the Tribe 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.
Any purchase
of a limited license for Virtual Goods is final and is not refundable,
exchangeable, or transferable, except in the Tribe’s sole discretion. You may
not purchase, sell, or exchange Virtual Goods outside the Services. You do not
own and shall not transfer your account to any third party. Any purported
transfer of Virtual Goods or your account shall be void. Doing so is a
violation of these Terms and may result in termination of your account with the
Services and/or legal action. If you violate these Terms or if for any other
reason your account is terminated, your license to the Virtual Goods shall be
immediately terminated, without any compensation to you.
The Virtual
Goods offered shall be at the discretion of the Tribe and the Tribe reserves
the right to change, reduce and/or increase the offer of Virtual Goods, and to
adjust the prices or methods of acquisition of Virtual Goods at any time
without giving a reason. Furthermore, the Tribe is entitled, at its sole
discretion, to cease offering Virtual Goods or making them available free of
charge or for a fee. In exercising that right, Tribe shall have no liability to
you for any perceived change in value of the Virtual Goods. You shall not be
entitled to any compensation should the Virtual Goods licensed to you be
withdrawn, or provided upon different conditions, regardless of whether said
Virtual Goods are offered on a temporary or permanent basis.
The Tribe
retains the right to modify, manage, control and/or eliminate your limited
license with respect to Virtual Goods at its sole discretion. Prices and
availability of limited licenses for Virtual Goods are subject to change
without notice.
The Tribe
reserves the right, at its own discretion, to refuse the allocation of Virtual
Goods or to set limitations on the quantities of Virtual Goods or on the total
amount of any Virtual Goods transaction. In case of suspicion of fraud,
violation of applicable laws or of these Terms, the Tribe has the right to
freeze acquisition processes and the related payment transactions until the
situation has been clarified.
You can also
earn “Loyalty Points” (which may be referred to as “Hearts”) based on your use
of features of the Services, but Loyalty Points are not and will not be awarded
or earned in any way related to or based upon the outcome of any Game play or
any element of chance. Loyalty Points are virtual in-game points that you can
redeem to obtain other Virtual Goods or items, services or experiences (each a
“Reward”) offered by the Home Casinos or our Rewards partners. As with Virtual
Goods, you do not in fact own the Loyalty Points you accumulate; rather, you
are merely granted a limited license to use the software programs that manifest
themselves as the Loyalty Points. Loyalty Points are not currency and may not
be redeemed for cash.
We indicate
on the Services how you can earn Loyalty Points, and reserve the right to
modify, change or terminate the Loyalty Point program at any time. You must be
a registered and active user of the Services to accumulate Loyalty Points. If
you do not use your account by logging in using the Services at least once
every six (6) months, your account will be deemed inactive. You can, at any time,
reactivate your account by logging in and using the Services. However, when an
account has been deemed inactive, we may, at our own discretion, and to the
extent permitted by applicable law, expire (a) any Loyalty Points accumulated
by you and (b) any Rewards which have been obtained but not yet redeemed. We
reserve the right to correct any errors in the accumulation of Loyalty Points
and/or the redemption of Rewards shown on your account.
In addition,
when you exchange your Loyalty Points for Rewards, you may be asked to provide
your name and email address. The name you provide must match the name that
appears on a government-issued identification belonging to the person who has
accumulated the Loyalty Points through his/her use of the Services. The
identification will be used by our Rewards Partners to verify your eligibility.
Rewards are
subject to additional terms and conditions provided by the Rewards partner,
which may include a minimum age requirement, reward usage black-out dates,
expiration dates, a limit as to the number and frequency of rewards that may be
used within a specified period of time, the requirement to participate in the
partner’s own loyalty program, which may exist independently of the Services
and limitations on redeeming Rewards if you self-limit or self-exclude with the
Reward provider or any regulatory agency, including any gaming regulatory
agencies. We are not responsible for the terms and conditions of the Rewards.
The selection and availability of Rewards is subject to change without notice
and we make no guarantees as to the availability of any Reward.
VII. DISCLAIMER; LIMITATION OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
YOUR USE OF
THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED
HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN THIS AGREEMENT, THE TRIBE, ITS OTHER AFFILIATED
COMPANIES, HOME CASINOS AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS,
MEMBERS, MANAGERS, EMPLOYEES AND OTHER REPRESENTATIVES AND THE TRIBE’S
LICENSEES, SERVICE PROVIDERS, VENDORS AND BUSINESS PARTNERS, INCLUDING
PROVIDERS OF SOCIAL CASINO PLATFORMS (COLLECTIVELY, “THE TRIBE AND ITS
AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE TRIBE AND ITS AFFILIATED
PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III)
THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE
ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR
EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE
AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM THE TRIBE AND ITS AFFILIATED PARTIES OR ON OR
THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT.
ALL SERVICES
AND PRODUCTS PURCHASED AND OBTAINED ON OR THROUGH THE SERVICE ARE SUBJECT ONLY
TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS
AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,
THE TRIBE AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, WITH RESPECT TO
THE PRODUCTS AND SERVICES (INCLUDING VIRTUAL GOODS AND SERVICES OR THIRD-PARTY
APPLICATIONS) LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR
PRODUCT OR SERVICE DEFECT OR FAILURE, SERVICE OR PRODUCT MISUSE, SERVICE OR
PRODUCT ABUSE, SERVICE OR PRODUCT MODIFICATION, IMPROPER SERVICE SELECTION AND
NON-COMPLIANCE WITH ANY WRITTEN DIRECTIONS.
THE TRIBE AND
ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE
OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER
OF INFORMATION; (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES; (III) FOR ANY
DEFECTIVE PRODUCTS OR SERVICES; (IV) FOR ANY INCORRECT OR INACCURATE
INFORMATION; (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR
TRANSMISSIONS OR DATA; (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICES; OR (VII) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY
THIRD-PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF
LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF
DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF
THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE TRIBE AND YOU.
THE PRODUCTS, THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING,
THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE TRIBE AND AFFILIATED PARTIES FOR
ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM
WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT,
INFORMATION OR SERVICE PURCHASED BY YOU FROM THE TRIBE ON THE SERVICES. YOU
ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE TRIBE ANY AMOUNTS FOR ANY
PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT
ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE TRIBE IS TO
STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
SOME
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH
JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW.
You agree to
indemnify, defend and hold harmless the Tribe and its Affiliated Parties
against all claims, demands, causes of action, losses, expenses, damages and
costs, including any reasonable attorneys’ fees, resulting or arising from or
relating to your use of or conduct on the Services, any activity related to
your account by you or any other person, any material that you submit to, post
on or transmit through the Services (including User Content and Feedback), your
breach of these Terms, your infringement or violation of any rights of another,
or termination of your access to the Services.
IX. ACCOUNTS; SERVICE USAGE; TERMINATION OF USAGE
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 or assigned to any other person.
You can create an account either directly on our websites or through our App or
through Facebook. If you register through your Facebook login, you will be
asked to login with your Facebook log-in credentials and, if applicable,
configure your privacy settings in your Facebook account to permit your
activities on the Service to be shared with your contacts in your Facebook
account (as further detailed in our Privacy Policy). By creating an account via
your Facebook login, you are allowing Tribe to access your Facebook account
information and you acknowledge and agree that your use of the Facebook website
is governed by the terms and conditions of Facebook’s terms of use and its
privacy policy, including, without limitation, Facebook’s password and account
security policies.
If you
provide information on the Services (including through Facebook), 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
the Tribe has reasonable grounds to suspect that such information is false,
inaccurate, outdated or incomplete, the Tribe 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 limited to one account with
the Tribe and one account with each Home Casino, and you may not use false or
fictitious names or use multiple email addresses to create multiple accounts
with the Tribe or the Home Casino. In addition, you may not merge your accounts
for any purposes, including to gain an unfair advantage in Game play.
You are
responsible for maintaining the confidentiality of the password(s) and
account(s) you may create and are fully responsible for all activities that
occur under your password(s) and account(s). The Tribe reserves the right to
refuse registration of, or cancel, a username in its sole discretion. You agree
to (a) immediately notify the Tribe 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
the Tribe. The Tribe and its Affiliated Parties cannot and 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 the Tribe for access to the Services. Creating or
maintaining any link from another website or application to any page or
functionality on the Services without the prior written authorization of the
Tribe 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 the
Tribe is prohibited. Any permitted links to the Services must comply with all
applicable laws, rules, and regulations.
This
Agreement is effective unless and until terminated by either you or the Tribe.
You may terminate these Terms at any time, provided that you discontinue any
further use of the Services. The Tribe also may terminate or suspend these
Terms, at any time, without notice and accordingly deny you access to the
Services, for any reason, including without limitation, if in the Tribe’s sole
discretion you fail to comply with any term or provision of these Terms or your
use is harmful to the interests of another user or the Tribe and its Affiliated
Parties. Upon any termination of the 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 the Agreement or
otherwise. Additionally, upon termination, all achievements that a user has
acquired may, in Tribe’s sole discretion, be terminated and forfeited. You have
no property rights in any achievements. As to Virtual Goods and Loyalty Points,
upon termination, your limited license and access to those Virtual Goods and
Loyalty Points will be terminated and forfeited and you will have no further
rights associated with the Virtual Goods and Loyalty Points and no right to
compensation for any perceived value thereof, even if you paid actual money to
acquire them
The Tribe
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 these Terms, you agree that the
Tribe 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
the Tribe may terminate or suspend your access to all or part of the Services,
without notice, for any conduct that the Tribe, in its sole discretion,
believes is in violation of these Terms or any applicable law or is harmful to
the interests of another user or the Tribe and its Affiliated Parties.
In the event
any account is inactive for a period of six (6) months, the Tribe reserves the
right to terminate such account and/or cancel any accumulated Virtual Goods,
points or other online balance associated with such account.
The
restrictions, but not the licenses to you in Section III, and Sections IV, V,
VII through IX and XII through XVII shall survive any termination of these
Terms.
X. RULES FOR SWEEPSTAKES, CONTESTS, SURVEYS,
GAMES, AND SIMILAR PROMOTIONS
Any
sweepstakes, contests, surveys, games or similar promotions made available
through the Services may be governed by specific rules that are separate from
and in addition to these Terms. By participating in any such sweepstakes,
contest, survey, game or similar promotion, you will become subject to those
rules, which may vary from the Agreement as set forth herein, and which are
incorporated into these Terms. The Tribe urges you to read the applicable
rules, which may be linked from the particular activity, and to review our
Privacy Policy, which, in addition to these Terms, governs any information you
submit in connection with such activities.
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 http://www.staysafeonline.org.
XII. APPLICABLE LAW; JURISDICTION; DISPUTE
RESOLUTION
(a) U.S.
Site. The Services are controlled and operated by the Tribe from within the
United States of America. The Tribe 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 agree that you will not access the Services from the Excluded
Jurisdictions or any territory where its contents are illegal, and that you,
and not the Tribe and its Affiliated Parties, are responsible for compliance
with applicable local laws. Those who choose to access the Services from other
locations do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. 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.
(b) Governing
Law. This Agreement shall be governed by, and construed and enforced in
accordance with, the applicable laws of the United States, State of Florida and
the Seminole Tribe of Florida, as they are applied to agreements entered into
and to be performed entirely within such state, without regard to conflict of
law principles.
(c) Initial
Dispute Resolution. We are available by email at support@seminolesocialcasino.com to discuss any concerns you may have
regarding your use of the Services. Most concerns may be quickly resolved in
this manner. The parties shall use their best efforts to settle any dispute,
claim, question, or disagreement directly through consultation and good-faith
negotiations. All disputes not resolved through consultations
and good faith negotiations will be resolved pursuant to the dispute resolution
procedures of Tribe’s Gaming Commission.
Resolution of
any concern unrelated to the Services, such as concerns or disputes related to
Rewards offered by a Home Casino, are not covered by these Terms. Any concerns related to Rewards that may be
offered by a Home Casino must be resolved according to the terms and conditions
of the Home Casino loyalty program. Any
concerns related to Rewards that may be offered by any Rewards partner that
have been approved by the Tribe must be resolved according to the terms set out
in the agreement between you and the Rewards partner.
XIII.
SEVERABILITY; INTERPRETATION
If any
provision of these Terms shall be deemed unlawful, void or for any reason
unenforceable by a court of competent jurisdiction, the validity and
enforceability of any remaining provisions shall not be affected. When used in
these Terms, the term “including” shall be deemed to be followed by the words
“without limitation.”
These Terms,
including the Privacy Policy and other policies incorporated herein, constitute
the entire and only agreement between the Tribe and each user of the Services
with respect to the subject matter of these Terms, and supersede any and all
prior or contemporaneous Agreements, representations, warranties and
understandings, written or oral, with respect to the subject matter of these
Terms.
The failure
of the Tribe and its Affiliated Parties to insist upon strict adherence to any
term of these Terms shall not constitute a waiver of such term or limit that
party’s right thereafter to insist upon strict adherence to that term or any
other term of these Terms.
The
“Disclaimer; Limitation of Liability” provisions of these Terms are for the
benefit of the Tribe and its Affiliated Parties as defined herein, and each of
these individuals or entities shall have the right to assert and enforce these
provisions directly against you on its own behalf.
XVI. SOVEREIGN
IMMUNITY
The Tribe, as
a federally recognized Indian tribe, retains full sovereign immunity from
suit. Nothing in these Terms shall be
construed as a waiver of the Tribe’s sovereign immunity.
We respect
the intellectual property rights of others and require that Services users do
the same. In accordance with the Digital Millennium Copyright Act of 1998,
Title 17 of the United States Code, Section 512 (“DMCA”), we will respond
promptly to claims of copyright infringement that are reported to the agent
that we have designated to receive notifications of claims infringement (its
“Designated Agent”). Our Designated Agent is:
Seminole Tribe of Florida D/B/A Seminole Gaming
6300 Stirling Road, Suite 425
Hollywood, Florida 33024
Attn: Legal Department
We reserve
the right, in our sole discretion, to terminate the account or access of any
user of the Services who is the subject of repeated DMCA or other infringement
notifications.
XVIII. CONTACT INFORMATION
If you have
any comments, questions or complaints regarding these Terms or the Services, or
wish to report any violation of these Terms, please contact us at support@seminolesocialcasino.com. We will
endeavor to address any issue as soon as reasonably possible.
Notwithstanding
the fact that our Games are available solely for non-gaming amusement, you are
prohibited from playing any of our Games if you are on any patron
self-exclusion list or other patron exclusion list of any jurisdiction
applicable to you, which includes any statutory or regulatory exclusion lists
or directories where individuals named therein are legally prohibited from
playing casino games.
If you or
someone you know has a gambling problem, crisis counseling and referral
services can be accessed by calling the National Problem Gambling Helpline at
1-800-522-4700.
Last Updated: 01/18/2020
INTRODUCTION
The Seminole Tribe of Florida is a federally recognized Indian tribe doing business as Seminole Gaming (“Seminole Gaming”, “us”, “our” or “we”), and has prepared this Privacy Policy to explain our practices regarding the collection, use and sharing (collectively, “Processing”) of Personal Information (defined below) through the seminolesocialcasino.com website (collectively, the “Sites”) and the Seminole Social Casino mobile application (the “App”), and any services offered on or through the Sites and the App (the Sites, the App and the services will be referred to collectively as the “Services”). Where additional detailed information is needed to explain our privacy practices, we post supplementary privacy notices to describe how Personal Information is processed. This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Sites or the App. Please review the privacy policies of any third party website or application for more information about how they process your Personal Information.
Seminole Gaming provides the Services to enable you to play one or more social casino games among other services (“Game(s)”). You can use the Services and play the Games at the Sites or the App in guest mode or by registering an account with Seminole Gaming. In either case, the Personal Information collected is provided to Seminole Gaming and is subject to this Privacy Policy. However, you will also have the option of choosing a “home casino” in which you can register as a user for a specific home casino, play the Games and participate in various loyalty programs of your selected home casino. If you choose a home casino, you agree that the home casino can process your Personal Information under the terms of such home casino’s privacy policy. The following are the links to the privacy policies of each of the home casinos:
www.seminolebrightoncasino.com/legal.htm
www.seminolecoconutcreekcasino.com/legal.htm
www.seminoleclassiccasino.com/legal.htm
www.seminoleimmokaleecasino.com/legal.htm
www.seminolehardrockhollywood.com/legal.htm
www.seminolehardrocktampa.com/legal.htm
You may review the Privacy Policy for the Seminole Tribe of Florida doing business as Seminole Gaming (“Seminole Gaming”) at www.theseminolecasinos.com/legal.
PLEASE REVIEW THESE PRIVACY POLICIES BEFORE REGISTERING OR USING THE HOME CASINO SITES.
We value your trust and respect your confidentiality. As a general practice, we do not provide any Personal Information gathered through forms, applications, websites, or other means to outside third parties, except to home casinos or as otherwise designated in this policy. We do not sell or rent any information gathered on the Sites, in the App, or in individual property players’ clubs to any third party.
This Privacy Policy explains what information we collect about you, how we use it, and when we may disclose such information to third parties. We urge you to read this Privacy Policy carefully. By registering, downloading the App, and/or using the Sites, App or Services, you consent to be bound by this Privacy Policy and, depending on the App and the Services, also the relevant Terms and Conditions. The Terms and Conditions are incorporated by reference into this Policy. If you do not consent, then you must not access and/or use the Sites, App or Services. If you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) as set forth on our California Privacy Rights page. If you are a resident of the European Economic Area, you may have additional rights as set forth in Appendix A below.
The Sites, App and Services are intended only for users who are at least age 18. Please leave the Sites and do not create an account or use the Services or App if you are under the age of 18. We do not intentionally or knowingly collect Personal Information of any person under age 18. If you believe we have received Personal Information belonging to someone under age 18, please dataprotection@shrss.com and, after reasonable confirmation, we will delete the Personal Information of the minor.
We strongly support parental control of the internet. If you are a parent and want to prevent your children from using the Services, the Sites or the App, then you may want to consult the filtering software companies, such as Net Nanny and Cybersitter. Net Nanny and Cybersitter are third party service providers that are not affiliated with us or any of our affiliates and we have no responsibility for the services provided by such providers.
COLLECTION OF PERSONAL INFORMATION
Personal Information is information that identifies or is capable of being associated with a particular consumer. We do not collect Personal Information about visitors to our Sites or users of the Services, except when visitors or users specifically provide such information on a voluntary basis. Such Personal Information may be gathered in registrations, Player Profiles, applications, mobile applications, information requests, reservations, RSVPs, online purchases, online surveys, social media services and, in some instances, in the process of providing and utilizing offers from our third party strategic partners and alliances. To register an account with us, you must create a Player Profile with the following information: first name, last name, email and password. Providing additional Personal Information is optional; however, if you choose not to provide the requested Personal Information, you may not be able to use some or all of the features of the Site, the App or the Services.
You also may be able to access the Services through your Facebook account. If you sign up using Facebook, Facebook will ask your permission to share certain information from your Facebook account with us. This may include your first name, last name, Facebook ID, age, birthday, gender, location, time zone and email address. This also may allow us to obtain information from those accounts (like your friends or contacts). The information we get from those services often depends on your settings or their privacy policies, so be sure to check them. This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy. You can control the information that we receive from Facebook using the privacy settings in your Facebook account. Please note that, depending on your privacy settings, your activity using the Games and Services, and participating in the Social Casino may appear on your Facebook timeline.
You are responsible for keeping your account login credentials, including any Facebook login credentials, confidential. You should not share any login credential with any other person as you are responsible for all activity on your account whether accessed directly or through Facebook. You will immediately notify us if you are aware or suspect any unauthorized use of your account.
We may also monitor and collect information relating to your Game play and the purchase and sale of virtual goods items. Such information is used to track the performance of players, determine winners, and manage the values of items in their Player Profile and related accounts. PLEASE NOTE THAT YOUR GAME PLAY INFORMATION MAY BE MADE AVAILABLE TO OTHER USERS AND THE PUBLIC AS FOLLOWS: 1) if a player is in a tournament, their first name/last initial or “user name” is visible in the tournament leaderboard that all participating players can view, 2) player scores may be visible on the hourly/daily/weekly leaderboards for the Games, 3) such information may be made available in any other manner we may describe when and if you voluntarily provide such information and 4) if you voluntarily share such information via social media services (see also “User-Generated Content” with respect to this item 4).
We value opinions and comments from our visitors and we may conduct online surveys or issue invitations for you to take surveys. These surveys are entirely optional for all visitors to our Sites and users of our Services. Usually the information from such surveys is aggregated and used for improving our products, services and operations, and those of our subsidiaries and affiliates. In other cases, we will use the identifying information as a vehicle for responding to an individual question or comment or as otherwise specified in the survey at the time of the survey.
AUTOMATED INFORMATION COLLECTION
We may collect the following information about your use of our Sites or App through cookies and other online tracking technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; your mobile device ID; the length of time you visit our Sites or App; and the referring URL or the webpage that led you to our Sites. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other Personal Information. Please see the section “Cookies/Online Tracking” below for more information.
If you have provided permission through your mobile device to allow us to collect location information through the App, we may obtain your physical location information from technologies like GPS, Wi-Fi, or cell tower proximity. The App may use the geolocation features of the App (GPS or network-based) and geolocation information that is collected through the App and your mobile device, to track your location and provide you information related to your physical location. You may withdraw your permission for us to acquire such physical location information from your mobile device through your mobile device settings; however, we do not control this functionality of your mobile device. If you have questions about how to disable your mobile device’s location services, please contact your mobile device service provider or the mobile device manufacturer.
“Cookies” are small text files we can use to recognize repeat visitors, facilitate a visitor’s ongoing access to and use of the Sites, and compile aggregate data that can allow content and speed of access improvements and targeted offers. We use this information to remember you when you return and to customize our Sites to your preferences. We do not link non-Personal Information from cookies to Personal Information without your permission and do not use cookies to collect or store Personal Information about you.
There are two types of cookies: session cookies and persistent cookies.
Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Sites. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Sites.
Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer.
If a visitor does not want Personal Information collected through the use of cookies, most browsers allow the visitor to deny or accept the cookie feature. However, visitors should note that cookies may be necessary to provide them with certain features available on our Sites.
Clear GIFs (also known as web beacons, web bugs or pixel tags) are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs in connection with our Sites to, among other things, track the activities of visitors to the Sites, help us manage content, and compile statistics about usage of the Sites. You may view and change your preferences at any time by using the “Privacy Settings” link found in the footer of our Sites. We and our third-party service providers also use clear GIFs in HTML emails to our customers to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
THIRD PARTY ANALYTICS/TRACKING
We use automated devices and applications from third parties, such as Google Analytics, to evaluate usage of our Sites or App. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance, and user experiences. These devices and applications may use cookies, pixel tags and other tracking technologies to perform their services. We do not share your Personal Information with these third parties.
Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in the Cookies section (e.g., by disabling cookies). Please note that we do not collect, and we not aware of third parties that collect, Personal Information from users of the Sites about users’ online activities on third party websites.
USE OF PERSONAL INFORMATION
We use your information, including your Personal Information, for the following purposes:
To provide our Services, Sites and App to you, to communicate with you about your use of our Services, Sites and App, to contact an account holder regarding account status, changes to the account agreement, special discounts, promotions, products offered and other matters relevant to the Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
To process and transmit the content that you elect to share through the Services, Sites and App, and to track your physical location if you have permitted geolocation tracking through the App as described above.
To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using our Services, Sites or App.
For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services, Sites, and the App.
To better understand how users access and use our Services, Sites and App, both on an aggregated and individualized basis, in order to improve our Services, Sites and App and respond to user desires and preferences, and for other research and analytical purposes.
HOW WE SHARE YOUR INFORMATION
We may share your Personal Information as follows:
Affiliates. We may disclose the Personal Information we collect from you with our affiliates including but not limited to any hotel or casino owned or operated by Seminole Gaming; however, if we do so, their use and disclosure of your Personal Information will be maintained by them in accordance with their Privacy Policy or, if you select a home casino, in accordance with such home casino’s privacy policy.
Service Providers. We may disclose Personal Information we collect from you to third-party vendors, service providers, contractors or agents who perform functions on our behalf (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as maintaining or servicing accounts, providing data storage and management, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing property management services, providing advertising or marketing services, or providing analytic services. We only provide our Service Providers with the information or access to information necessary for them to perform these services on our behalf. Each Service Provider must agree to use commercially reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized acquisition, access, use, or disclosure. Service Providers may only use the Personal Information to provide services to us and are prohibited from using Personal Information other than as authorized by us under this Policy.
Business Transfers. If we are acquired by, or merged with, another entity, if substantially all of our assets are transferred to another entity, or as part of a bankruptcy proceeding, or if we are evaluating or in negotiations with respect to any such transaction, we may transfer, or make available, the Personal Information we have collected from you to the other entity or resulting legal entity.
In Connection with Legal Process. We also may disclose the Personal Information we collect from you in order to comply with applicable laws or regulations, a government investigation, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.
To Protect Us and Others. We also may disclose the Personal Information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, suspected violations of this Policy, suspected violations of any applicable terms and conditions for Services provided through this Site or at any hotel or casino owned or operated by Seminole Gaming, or as evidence in litigation in which we are involved.
Aggregated and De-Identified Information. We may share aggregated or de-identified Personal Information about users with third parties and publicly for marketing, advertising, research, or similar purposes.
We do not disclose Personal Information to third parties, including for their direct marketing purposes, without your consent except as explained in this Privacy Policy.
RETENTION OF PERSONAL INFORMATION
We retain Personal Information about you for the time necessary to accomplish the purpose for which such information was collected, usually for the duration of any contractual relationship or as long as you use or are registered for any of the Services and for any period thereafter as legally required or permitted by applicable law. Our retention policies respect applicable statute of limitation periods and legal requirements. When we no longer need to use or retain your Personal Information for any business, commercial or lawful purpose, we will endeavor to destroy all records, both physical and electronic, containing your Personal Information.
We have in place certain reasonable technological and procedural security measures in an attempt to protect and safeguard the security of the Personal Information provided by our visitors and users. Reasonable measures will be taken to protect against unauthorized access, alteration, or disclosure of Personal Information. Despite these efforts, please understand that no system is perfect we cannot guarantee that unauthorized access or theft of data will not occur.
For features on our Sites and App that require a login or password, it is important for you to protect against unauthorized access to your account and your computer. Be sure to sign off when finished using a shared device.
LINKS
We may have links to third party websites on the Sites and in the App. By accessing a third party website from the Sites, the App or via the Services, you hereby release us from any and all liability for your use of such link and website. We are not responsible for and have no control over the content that appears on these other websites. Once you access a third party website, be aware that we are not responsible for the privacy practices of such other websites. You should always use extreme caution when disclosing any information to such websites. We encourage you to review the privacy policy of each and every website you visit through a link or advertisement. This Privacy Policy applies only to information collected by Us and our affiliates through the Sites, the App, and the Services unless otherwise indicated.
We may invite you to post content on or through public areas of our Sites or App, including your comments, photos, videos, pictures, and any other information that you would like to be available on our Sites or App. Please note, however, that if you post such content to public areas of our Sites or App, all of the information or content that you post may be available to other visitors or users of our Sites or App. Your postings and content may become public and we cannot prevent such information from being used in a manner that may violate this Privacy Policy, applicable law, or your personal privacy. Further, please note that all such content you post must comply with our Terms and Conditions of Use or it is subject to removal.
COMMUNICATIONS WITH OTHER USERS
The Services may permit users to communicate with other users, such as during Game play. Please note that any such communications may not be confidential and could be shared with other users or the public. Please note that all such communications are subject to the Acceptable Use Policy in our Terms and Conditions.
We may change this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Sites. Those changes will go into effect on the “Effective Date” date shown in the revised Privacy Policy. By continuing to use the Sites, the App or Services on or after the Effective date, you consent to the revised Privacy Policy.
ACCESS, CORRECTION, AND CHOICE
You have choices about the collection, use, and sharing of your Personal Information, including:
• Deletion: You can request that we erase or delete all or some of your Personal Information (for example, it is no longer necessary to provide services to you).
• Change or Correct: You can review and edit your Personal Information by logging onto the Site and visiting your Player Profile or “play for fun” account at any time.
• Object to or Restrict Use: You can request that we stop using some or all of your Personal Information or restrict our use of your Personal Information.
• Access: You can access the Personal Information you submit to our Sites via a Player Profile or “play for fun” account at any time.
• Copy: You can request a copy of your Personal Information.
Right to Portability – provides the ability to request Personal Information in machine-readable format (for example, CSV).
• Marketing: Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking the unsubscribe link at the bottom of the email.
• Withdrawing Consent: If we have collected or processed your Personal Information with your consent, you may withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information based on other lawful processing grounds.
If you request access, correction, amendment or deletion of your Personal Information and you have more than one account with us, you will need to instruct us on each account separately. Reasonable access to Personal Information will generally be provided within thirty (30) calendar days at no cost to you, subject to limited exceptions prescribed by law or excessive requests. For your protection, we may need to verify your identity before fulfilling your request. Please note that we may need to retain certain information for recordkeeping purposes or to complete requests or transactions that occurred prior your request. We will also retain your Personal Information if reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, maintain security, detect or prevent fraud and abuse, and enforce the Terms and Conditions of Use. We may also need to retain your Personal Information if required by gaming industry regulations, federal tax statutes and other legal requirements (e.g., information on our customers who self-report; tax reporting documents; player winnings, and any statistics, reports or listings that are required to protect our casino properties).
We aim to keep our information about you as accurate as possible. If you would like to access, update, review or change the details you have provided to us, please contact us as set out below.
PROCESSING IN THE UNITED STATES
We are located in the United States. Please be aware that, depending on your location, your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we store all Personal Information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using the Site or Services, you agree that the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.
You may address all communications to Seminole Hard Rock Support Services, LLC, Attn: Data Protection Office (DPO), 5701 Stirling Road, Davie, Florida 33314, or email to dataprotection@shrss.com. Please include your name, address and phone number or email in all communications and state clearly the nature of your request. If you wish to make a request to access the Personal Information we collect and store about you, complete this form.
EU/US PRIVACY SHIELD COMPLIANCE
We comply with the EU/US Privacy Shield framework administered by the United States Department of Commerce regarding the collection, use, and retention of Personal Information we receive from the European Economic Area and the United Kingdom. We have certified that we adhere to the Privacy Shield Principles. For purposes of enforcing compliance with the Privacy Shield, we are subject to the investigatory and enforcement authority of the Federal Trade Commission.
If there is any conflict between this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program and to view our certification page, please visit www.privacyshield.gov/list.
This Privacy Policy describes the categories of Personal Information that we may receive in the United States and the purposes for which we use that Personal Information.
In compliance with the EU/US Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your Personal Information. European Economic Area data subjects with inquiries or complaints regarding this Privacy Policy should first contact Seminole Hard Rock Support Services, LLC, Attn: Data Protection Office (DPO), 5701 Stirling Road, Davie, Florida 33314, or email to dataprotection@shrss.com.
Please include your name, address and phone number or email in all communications and state clearly the nature of your request or concern. If you wish to make a request to access the personal information we collect and store about you, complete this form.
We provide a private sector independent recourse mechanism (located in the United States) to investigate and expeditiously resolve individual complaints and disputes. This dispute mechanism will cover all categories of Personal Information except for human resources data. For more information, visit the website for ICDR®/AAA® EU-US Privacy Shield: International Centre for Dispute Resolution®, the international division of the American Arbitration Association® (ICDR/AAA) at go.adr.org/privacyshield.html. The services of ICDR/AAA are provided at no cost to you. Under certain limited conditions and as a last resort, the individual can invoke binding arbitration.
If we transfer your Personal Information to a third party, we will ensure the third party is contractually obligated to process your information only for limited, specific purposes consistent with this policy, to apply the same level of protection to that data as the EU-US Privacy Shield Principles, and notify us if it makes a determination that it can no longer meet this obligation. Upon notice, we will take reasonable and appropriate steps to stop and remediate unauthorized processing. In cases of onward transfer to third parties of data received pursuant to the EU-US Privacy Shield, we are potentially liable.
When required, we must disclose Personal Information to comply with lawful requests from government authorities including to meet national security and law enforcement requirements.
QUESTIONS AND CONCERNS
If you have questions or believe we have not complied with the policies outlined in this Privacy Policy, please contact us at Seminole Hard Rock Support Services, LLC, Attn: Data Protection Office (DPO), 5701 Stirling Road, Davie, Florida 33314, or email to dataprotection@shrss.com. Please include your name, address, and phone number or email in all communications and state clearly the nature of your request. Seminole Gaming will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Policy within thirty (30) days of receiving the complaint, unless a shorter period is required by law. European Economic Area residents may also follow the procedure outlined in the Section above concerning the EU/US Privacy Shield.
APPENDIX A – ADDITIONAL PROVISIONS APPLICABLE TO EUROPEAN ECONOMIC AREA DATA SUBJECTS
This Appendix outlines certain additional information that we must provide to persons in the European Economic Area as well as certain rights such residents have with respect to the processing of their Personal Information under the European Union’s General Data Protection Regulation (GDPR). For persons in European Economic Area, the term Personal Information means information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
A. Legal Bases for Processing of Personal Information
We process the Personal Information collected for the purposes described in the sections entitled “Collection of Personal Information”, “Information We Collect”, and “Use of Personal Information” in our Policy. The legal basis for our processing activities include processing Personal Information as necessary to comply with our contractual obligations, compliance with our legal obligations, protecting the safety of our employees, guests and others, for our legitimate business interests, and pursuant to your consent. The particular legal basis for the processing of your Personal Information is based on the purpose for which such information was provided or collected.
We use Personal Information, such as name, address, email and credit card information, as necessary to perform Services. For example, we are not able to provide our Services and products according to our contracts unless you provide us with certain necessary Personal Information. This collection and processing of the Personal Information is based on Article 6 paragraph 1(b) of the GDPR (necessary for the performance of a contract with you).
We may also process your Personal Information if we have received your consent, to respond to requests from you or to take actions in our legitimate interest, such as for marketing purposes or to otherwise inform you of our business operations, and to improve our products and services. Please note that if we rely on consent, you may withdraw your consent at any time, but such withdrawal will not affect the lawfulness of the processing of your Personal Information prior to the withdrawal.
B. Data Retention
See “Retention of Personal Information” above for our retention policies.
C. Data Subject Rights
Data subjects of the European Economic Area have the following rights:
Access, Correction and Erasure Requests: You have the right to:
contact us to confirm whether we are processing your Personal Information;
receive certain information on how your Personal Information is processed;
obtain a copy of your Personal Information;
request that we update or correct your Personal Information; and
request that we delete Personal Information in certain circumstances.
Right to Object to Processing: You have the right to request that we cease processing of your Personal Information based on our legitimate business interests, including profiling, unless we are able to demonstrate a compelling legitimate basis for such processing or we need to process your Personal Information for the establishment, exercise, or defense of a legal claim. You also have the right to object, at any time, to processing of your Personal Information for direct marketing, which includes profiling to the extent that it is related to such direct marketing.
Right to Restrict Processing: You have the right to request that we limit the processing of your Personal Information:
while we are evaluating or in the process of responding to a request by you to update or correct your Personal Information;
where such processing is unlawful and you do not want us to delete your data;
where we no longer require such data, but you want us to retain the data for the establishment, exercise, or defense of a legal claim; and
where you have submitted an objection to processing based on our legitimate business interests, pending our response to such request.
Data Portability Requests: You have the right to request that we provide you or a third party that you designate with certain of your Personal Information in a commonly used, machine-readable format. Please note, however, that data portability rights apply only to Personal Information that we have obtained directly from you and only where our processing is based on consent or the performance of a contract.
If you believe our processing of your Personal Information violates the GDPR, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work, or the place of the alleged violation.
D. Submitting Requests
European Economic Area data subjects can submit requests by completing this form. We will respond to all such requests within the timeframe required under the GDPR. Please note, however, that certain Personal Information may be exempt from such rights pursuant to the GDPR. In addition, we will not respond to any request unless we are able to appropriately verify the requester’s identity. We may charge you a reasonable fee for subsequent copies of Personal Information that you request. In addition, if a request is manifestly unfounded or excessive, we may either request a reasonable fee to respond to the request or deny the request.