These Terms and Conditions and End User License Agreement govern your use of the Virtual Casino application “Diamond Sky Casino” (the “Virtual Casino”) and the games offered therein (the “Games”). Please read these Terms and Conditions carefully before using the Virtual Casino. By using the Virtual Casino, you signify your assent to these Terms and Conditions as between you and Design Works Studios, LLC d/b/a Diamond Sky Casino (“Diamond Sky Casino”).
All content contained on the Virtual Casino is copyright © 2016 Design Works Studios, LLC dba Diamond Sky Casino located at 7150 E. Camelback Road, Suite 500, Scottsdale, Arizona. The Virtual Casino, Games and the underlying software and hardware platforms are hosted in secure data centers in Scottsdale, Arizona and/or other locations throughout the United States.
- License and Proprietary Rights. The Games and Virtual Casino are protected by copyright laws and applicable international treaties. Subject to the terms of this Agreement, Diamond Sky Casino hereby grants you a personal, non-exclusive, non-transferable license to use the Games and other materials on the Virtual Casino, subject to the terms and conditions of this Agreement.
Except for certain technology, data and information licensed by Company, the Company is the owner of all rights in the Virtual Casino and the Games, including any and all copyright, trademark, service mark trade secrets, patent or any other intellectual property rights embodied in the Virtual Casino and the Games (collectively the “Intellectual Property”) and each and every component thereof. Nothing in this Agreement shall be deemed as a grant of any such rights to you. You may not, within the limits prescribed by applicable laws: (A) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Virtual Casino or Games; (B) make any attempt to access the source code of the Virtual Casino to create derivate works of the Virtual Casino or Games; (C) seek to sell, assign, sublicense, transfer, distribute or lease the Virtual Casino or Games to anyone; (D) make the Virtual Casino or Games available to any third party through a computer network or otherwise; (E) export the Virtual Casino or Games to any country (whether by physical or electronic means); or (F) use the Virtual Casino or Games in a manner prohibited by applicable laws or regulations, (each of the above is an “Unauthorized Use”). You further agree and acknowledge that you are solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use.
You may not use the Virtual Casino or Games to perform any activity which: (A) violates applicable laws or may be regarded as unlawful, obscene, harassing, objectionable or a violation of privacy; (B) infringes third party rights; (C) violates this Agreement; (D) forms part of an advertisement campaign or to solicit purchases of products or services.
- Compliance Statement. The Virtual Casino and the Games offered herein, are made available to eligible end users on a free-to-play and pay-to-play basis only.
End user participants may be awarded amounts of imaginary currency (“Virtual Coins”) used by the participants in order to access and play the Games. End user participants may elect to pay real money to acquire additional amounts of Virtual Coins in order to continue playing or commence playing one or more of the Games on a pay-to-play basis. Virtual Coins cannot be withdrawn by end user participants once awarded to or purchased by the end user participant. Furthermore, Virtual Coins cannot be translated into real money and have no value outside of the Virtual Casino.
End user participants engaged in playing the Games available on the Virtual Casino are playing for Virtual Coins only and cannot win real money in any manner whatsoever. The Virtual Casino is not enabled for internet gaming nor does the Virtual Casino offer real money internet gaming in any form or format whatsoever.
- Eligible Players. Participation in the activities on the Virtual Casino is restricted in certain circumstances. Participation in the activities and games (the “Game” or “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 in the jurisdiction in which you reside. You cannot play under any circumstances if you are not at least eighteen (18) years of age.
In order to avoid minors playing on the Virtual Casino, we reserve the right to carry out verification checks to verify the information provided by you. We may undertake a search with a third party for the purpose of verifying that you are 18 years or over. Where these checks are unable to verify that you are 18 years of age or over, we reserve the right to ask you for proof of age, satisfactory to Diamond Sky Casino in its sole discretion. If we are unable to confirm that you are aged 18 or over within seventy two (72) hours (or such other period as may from time to time be specified) we may suspend your account until satisfactory proof of your age is provided.
- Entertainment Purposes Only. You accept and recognize that the Virtual Casino and Games are provided for entertainment purposes only and do not afford opportunities to win prizes, money or other form of real currency provided that we may, from time to time, offer promotional opportunities and/or prizes unrelated to game play.
After a 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 unlikely event a Game in progress is cancelled due to technical issues, players will be automatically refunded their Virtual Coin buy-ins, regardless of the players’ standing when the Game was stopped. Any intentional disconnections from the Virtual Casino lobby or virtual Game table may result in forfeiture or deductions of Virtual Coin winnings, or expulsion from the site.
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 Site.
We reserve the right, in our sole and absolute discretion and without liability, to cancel or suspend a Game should a virus, bug, worm, communication or server failure occur or for any other reason we deem necessary.
- RESPONSIBLE VIRTUAL CREDIT GAMING. DIAMOND SKY CASINO WANTS YOU TO ENJOY ONLINE FREE-TO-PLAY AND/OR VIRTUAL CREDIT-BASED PAY-TO-PLAY GAMING IN A RESPONSIBLE FASHION AND RECOMMEND THAT YOU FOLLOW THESE SIMPLE GUIDELINES:
- PLEASE ESTABLISH LIMITS FOR THE VIRTUAL CREDIT-BASED PAYMENTS YOU ARE WILLING TO MAKE OVER ANY PERIOD OF TIME, BEFORE YOU START PLAYING;
- FREE-TO-PLAY AND VIRTUAL CREDIT-BASED GAMING ON THE VIRTUAL CASINO ARE NOT RECOMMENDED IF YOU ARE RECOVERING FROM A DEPENDENCY OR ARE UNDER THE INFLUENCE OF ALCOHOL OR OTHER SUBSTANCES; AND
- VIRTUAL CREDIT-BASED GAMING ON THE VIRTUAL CASINO IS NOT RECOMMENDED IF IT MIGHT INTERFERE WITH YOUR DAILY RESPONSIBILITIES;
- Passwords. We are not required to maintain usernames or passwords and if You misplace, forget, lose or are otherwise unable to enter the Virtual Casino, we will not be responsible and will not be held liable for any claims regarding Your account.
- 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 the Virtual Casino.
- Your Representations and Warranties. You, hereby represent, warrant and certify to Diamond Sky Casino by: entering the Virtual Casino; opening and using an account on the Virtual Casino; accessing and/or downloading the Virtual Casino; and/or playing Games on the Virtual Casino; that
(A) You are not required and are under no obligation or compulsion to participate in the Virtual Casino or the Games;
(B) Participation in the Games is at Your sole option, discretion, and risk;
(C) You fully understand, agree to, become a party to and shall abide by all rules, regulations, Terms and Conditions contained herein; as such rules, regulations, and Terms and Conditions may change from time-to-time;
(D) 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;
(E) You are at least 18 years of age;
(F) You are an “adult” (as that term is legally defined within the jurisdiction in which You are playing from) or the age necessary to participate in the Games, if the jurisdiction within which You playing from requires You to be over a certain age;
(G) You only have one account, username and password with Diamond Sky Casino and understand that Your account may be closed if You are deemed to be operating more than one account or username;
(H) You will not allow any other person or third party including, without limitation, any minor, to access the Virtual Casino, participate in the Games; use or reuse Your account; access and/or use any materials or information from the Virtual Casino;
(I) You understand and acknowledge that the terms “Diamond Sky Casino” and “Design Works Studios” are trademarks or service marks (the “Marks”) owned by Design Works Studios, LLC and You obtain no rights to such the Marks using the Virtual Casino and the material contained therein;
(J) Your interest in the Game and the Virtual Casino is personal, and not professional;
(K) You are playing the Games entirely at Your own risk;
(L) You shall not participate in the Games; open, use or reuse an account; access the Virtual Casino, or enter the Virtual Casino, 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;
(N) We make no representations or warranties, implicit or explicit, as to the legal right for You to participate in the Games nor shall any of our employees, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotional (or other agencies), media partners, agents or retailers have the authority to make any such representations or warranties;
(O) You will not use the Virtual Casino in any manner that could disable, overburden, damage, or impair the Virtual Casino or interfere with any other party’s use of the Virtual Casino, including their ability to engage in real time activities through the Virtual Casino;
(P) You will not use any robot, spider or other automatic device, process or means to access the Virtual Casino for any purpose, including monitoring or copying any of the material on the Virtual Casino;
(Q) You will not use any manual process to monitor or copy any of the material on the Virtual Casino or for any other unauthorized purpose without our prior written consent;
(R) You will not use any device, Virtual Casino, or routine that interferes with the proper working of the Virtual Casino;
(S) You will not introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(T) You will not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Virtual Casino, the server on which the Virtual Casino is stored, or any server, computer or database connected to the Virtual Casino;
(U) You acknowledge that any methods of communication between You and others in the Virtual Casino or Games are provided solely to enhance Your experience. You acknowledge our Code of Online Conduct and will not post any obscene, racist, sexist, defamatory, inflammatory or otherwise objectionable words, phrases, images, pictures, or text that others reasonably find obscene, racist, sexist, defamatory or inflammatory. You will hold Diamond Sky Casino, Design Works Studios, as well as their respective employees, officers, directors, affiliates, contractors, assigns, successors, parents, affiliates, and subsidiaries harmless from any loss, damage, cost or expense of whatsoever nature or howsoever arising therefrom including but not limited to loss of business, profit, extraordinary or punitive damages, any fines or penalties;
(V) 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 the Virtual Casino; (ii) restrict, discontinue, suspend or terminate Your access to the Virtual Casino or play on the Virtual Casino for any reason whatsoever; (iii) may cancel or unwind all Virtual Credit promotional awards and confiscate any Virtual Credit winnings derived from tournament entries or wagers associated with any account the access to which has been restricted, discontinued, suspended, or terminated. You acknowledge such Virtual Credit winnings as forfeited; (iv) terminate Your Account and Your access to any Games; and (v) actively scan the Virtual Casino or Games 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. While we cannot prevent players from initially using such aids, we do reserve the right to retrospectively cancel or unwind all Virtual Credit, Sweepstakes, or other Virtual Credit awards and terminate any account and confiscate any Virtual Credit winnings derived from tournament entries, Sweepstakes Entries, or wagers where we have detected, on review of customer’s gameplay, that such aids have been used. Our decision, without liability or responsibility, is final on all accounts terminated.
- Cheating and Fraud. We do not permit You or any other players to: (A) collude with other third party players; or (B) use unfair external factors or influences (commonly known as cheating); or (C) undertake fraudulent activities to Your disadvantage and their advantage. We will take all reasonable steps to prevent them. If You suspect any player is cheating or colluding or undertaking a fraudulent activity it should be reported to us immediately by email to firstname.lastname@example.org identifying the player or players’ usernames or aliases involved and containing a brief description of their suspect activities. We reserve the right to terminate Your Account, withhold or confiscate in full or part (at the unfettered discretion of the customer services staff) the Virtual Credit balance of Your account and in doing so recover from Your account the amount of any Virtual Credit if: (A) You are found to be or reasonably suspected to be participating in any fraudulent practice; (B) we become aware that You have undertaken Virtual Credit gaming with any other online provider of Virtual Credit gaming and are suspected (as a result of such play) of fraud, collusion or unlawful or improper activity; (C) we become aware that You have begun proceedings to “charge back” a bank card or have denied any of the Virtual Credit purchasing transactions made on Your account; (D) You become bankrupt or have equivalent proceedings occurring anywhere in the world; or (E) You violate or promote the violation of any applicable laws or regulations.
If we become aware, or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity, 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 and we reserve the right to report such activity or suspicions to the police or relevant authorities.
- Facebook® Disclaimer. You agree and acknowledge, as condition of participating in our Games, that Facebook® does not sponsor, endorse, administer, or is in any way associated with, the Diamond Sky Casino. All questions regarding Diamond Sky Casino must be directed to us, not Facebook®. You also agree that as a condition of participating in the Games You shall release Facebook from any and all liability arising out of Your participation in said Games.
- Disclaimer of Liabilities/Collection of Data. Under no circumstances, including but not limited to, negligence, shall Diamond Sky Casino or Design Works Studios, LLC nor their employees, suppliers or affiliates, be liable for any loss of chance or opportunity, damages (including loss of profit), special, consequential or otherwise, that result from the use of, or the inability to use, the materials in the Virtual Casino, even if our representative (authorized or otherwise) has advised You of the possibility of such. The Virtual Casino and Games 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. We are not under any obligation to provide the Virtual Casino or any Game, to anyone, or the opportunity for any person to participate or continue to participate in any Game or tournament and we expressly decline liability for the same. We do not warrant that the functions contained in the Virtual Casino or the Games will be uninterrupted or error-free, that defects will be corrected, or that the Virtual Casino (or the servers that makes the Virtual Casino content available) is free of viruses or other harmful components.
This disclaimer of liabilities includes but is not limited to the disclaimer of losses, chances, opportunities, and damages (including loss of profit), special, consequential or otherwise arising, in whole or in part from: (A) technical, hardware, software, telephone failures of any kind; (B) lost or unavailable network connections; (C) incomplete, garbled, or delayed computer transmissions; (D) any technical or human error which may occur in the processing of submissions which may limit Your ability to participate in the Virtual Casino, 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 Virtual Casino; and/or (E) computer malfunctions or attempts by You to participate in the Games by methods, means or ways not intended by us.
We do not warrant or make any representations regarding the use or the result of the use of the Virtual Casino or materials in the Virtual Casino in terms of correctness, accuracy, reliability or otherwise. 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.
- Indemnification. You agree to indemnify, defend, and hold harmless Design Works Studios, LLC, its affiliates, officers, employees, consultants and agents, and their successors, from and against any and all liability, damages, or costs (including attorney fees) arising out of or in connection with Your use of the Virtual Casino and the Games or Your breach of any of Your representations or obligations in this Agreement.
- Loyalty Points.
(A)You will have the opportunity to accumulate “Loyalty Points” through Your use of the Virtual Casino. Loyalty Points are virtual in-Game points that You can use to “purchase” virtual items (“Virtual Items”) or items, services or experiences (each a “Reward”) from our third party rewards partners (“Rewards Partners”) within the Virtual Casino. As with all Virtual Credits, You do not in fact own the Loyalty Points You accumulate and the amounts of any Loyalty Points You accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Loyalty Points, You are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event Diamond Sky Casino encounters issues with the Game that impact the accumulation of Loyalty Points and/or the redemption of Rewards, Diamond Sky Casino reserves the right to correct any such errors.
(B) You may accumulate Loyalty Points by taking certain actions while using the Virtual Casino. For example, You may earn Loyalty Points by posting Your in-Game achievements to Your Facebook account, “liking” certain aspects of the Virtual Casino, playing the Games for a specified duration, or participating in certain in-Game offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. LOYALTY POINTS ARE NOT AND WILL NOT BE AWARDED OR EARNED IN ANY WAY RELATED TO OR BASED UPON THE OUTCOME OF ANY GAME YOU PLAY DURING YOUR USE OF THE VIRTUAL CASINO.
(C) You may exchange Your accumulated Loyalty Points for in-Game Virtual Credits in the Virtual Casino. You may also exchange Your Loyalty Points for Rewards in the “Rewards” area of the Virtual Casino. The first time You exchange Your Loyalty Points for Rewards, You will 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 Virtual Casino. The identification will be used by our Rewards Partners to verify Your eligibility.
(D) Once You have exchanged Loyalty Points for a Reward, You are said to have “purchased” that Reward. After purchasing Your Reward, You will have a limited period of time in which complete a “redemption process” by following a defined “redemption method.” Redeeming a Reward that has been purchased in the Virtual Casino secures that Reward for Your specific use at a particular time. When the redemption process is complete, You may then “use” the Reward. A Reward is considered “used” at the moment when it is consumed, e.g., when You check into a hotel room, eat a meal, or attend a show.
(E) Rewards Partners may, at their discretion, place restrictions on the usage of the Rewards they offer (e.g., a minimum age requirement, Reward usage black-out dates, a limit as to the number and frequency of Rewards that may be used within a specified period of time, and the requirement to participate in the partner’s own loyalty program, which may exists independently of the Virtual Casino). Rewards Partners may impose a deadline to redeem a Reward (the “Redemption Period”). Redemption of Rewards are subject to the terms and provisions of the Rewards Partner, including limitations on redeeming Rewards if You self-limit or self-exclude with the Reward Partner or any regulatory agency, including any gaming regulatory agencies. Some Rewards are of such limited availability that our Rewards Partners may, in their sole discretion, deem them to be non-refundable.
(F) The Redemption Period, redemption method, and other terms of Rewards usage may vary from Rewards Partner to Rewards Partner. You must review the specific Terms and Conditions of each Reward You purchase with Your Loyalty Points. Diamond Sky Casino is not responsible for the Terms and Conditions of the Rewards and bears no responsibility to You for any such unread, misread or misunderstood terms. The selection and availability of Rewards is subject to change without notice and Diamond Sky Casino makes no guarantees as to the availability of any Reward. For complete details and the terms, conditions and restrictions for any individual Reward, please refer to the Rewards detail found within the Rewards catalog within the Virtual Casino.
(G) Once You have redeemed a Reward, You may no longer cancel that Reward and You will not receive a refund of Your Loyalty Points. On rare occasions, a Reward will “sell out” or otherwise become unavailable between the time You purchase it and the time You redeem it. If You are, within the Redemption Period, unable to redeem a purchased Reward because of such unavailability, You will be eligible to receive a full refund of the Loyalty Points used to purchase that Reward. If You do not redeem or cancel a Reward during that Reward’s Redemption Period, the Reward will expire. Your Loyalty Points will not be refunded to You if You allow a purchased Reward to expire. You are solely responsible for reading and understanding the Redemption Period and other Terms and Conditions of each Reward You purchase.
(H) You must be 21 years of age or older at time of redemption of Rewards offered by certain Rewards Partners. The Rewards that include an age requirement will be identified as such in the Rewards catalog in the Virtual Casino.
(I) Certain Rewards Partners may require You to enroll in separate rewards programs as a condition of redeeming certain Rewards. If You choose to participate in such programs, You hereby agree to comply with all applicable Reward Partner rules, policies, and Terms and Conditions. Once You have redeemed a Reward with any such Rewards Partner, Your ability to change that Reward may be at the sole discretion of that Rewards Partner. Any such changes will not result in a change to Your Loyalty Points balance.
(J) Rewards Partners may, in their sole discretion, change, amend, suspend, cancel, or terminate any Reward program they offer or any aspects and/or Terms and Conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. Any such changes may affect Your ability to use the Loyalty Points that You have accumulated through Your use of the Virtual Casino to purchase or redeem Rewards from such Rewards Partners. You hereby agree that Diamond Sky Casino and Design Works Studios, LLC shall have no liability to You as a result of such action any Rewards Partner.
(K) Rewards have no cash value and are non-transferable. You may not sell, trade, barter, bequeath or in any way transfer any Reward to any other party. Any attempt to do so will invalidate the Reward and may result in the termination of Your Account.
- Sweepstakes and Giveaways. We may run sweepstakes, contests, and/or giveaways from time to time (“Sweepstakes”) where You may, in a manner consistent with the Official Rules (as defined below), win Virtual Credits, merchandise, products, gift cards, products, or services (“Prizes”) from Diamond Sky Casino, Rewards Partners, or others. Your participation in a Sweepstakes will be subject to and governed by these Terms and Conditions, and, if applicable, the rules of each individual Sweepstakes (collectively, the “Official Rules”).
(A) Unless otherwise stated in a Sweepstakes Official Rules, the following rules and principles shall apply.
(i) Sweepstakes are open to legal residents of the United States.
(ii) To enter a Sweepstakes, You must be 21 years of age or older.
(iii) Sweepstakes are void where prohibited.
(iv) Sweepstakes must be entered in a specific time frame. The beginning and end of the contest will be stated for each individual Sweepstakes.
(v) Unless otherwise specified for a particular Sweepstakes, all Sweepstakes winners will be chosen by random chance drawing.
(B) The “Sponsor” is the individual or entity offering the Sweepstakes on the Sweepstakes Landing Page.
(C) Participation in a Sweepstakes constitutes Your unconditional agreement to and acceptance of the Official Rules and the decisions of the Sponsor(s), which are final and binding. Winning a prize is contingent upon being compliant with the Official Rules and fulfilling all requirements set forth herein and in the rules for a particular Sweepstakes.
(D) In connection with the submittal of each entry (“Entry”) in the Sweepstakes, You (the “Entrant”) will represent and warrant to Sponsors that: (i) You have the full power and authority to deliver an Entry in compliance with the Official Rules; (ii) the Official Rules are a legally valid and binding obligation; (iii) You are the rightful owner of any and all information You submit with an Entry; and (iv) the Entry submitted by You does not contain any known Trojan horses, viruses, worms, “lock-up” codes, protecting codes or other internal devices or mechanisms which are intended to halt, disrupt, restrict or grant improper access to the Virtual Casino, Sponsors’ systems, or disrupt the Entries of others.
(E) In the event that the operation, security, or administration of a Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsors in their sole and absolute discretion, the Sponsors may, in their sole discretion, either (i) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (ii) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect Entries received in such Sweepstakes up to the time of the impairment. The Sponsors reserve the right in their sole discretion to disqualify any Entrant they find to be tampering with the entry process or the operation of a Sweepstakes or to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the Virtual Casino or undermine the legitimate operation of a Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages (including attorneys’ fees) and any other remedies at law and in equity from any such person to the fullest extent permitted by law. Failure by Sponsors to enforce any provision of the Official Rules shall not constitute a waiver of that provision.
(F) By participating in a Sweepstakes, Entrant agrees to release and hold harmless each Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotional agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prizes (including any travel or activity related thereto), including, but not limited to: (i) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (ii) unauthorized human intervention in the Sweepstakes; (iii) mechanical, network, electronic, computer, human, printing or typographical errors; (iv) application downloads, (v) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event, if applicable, the incorrect downloading of the application, the processing of Entries, application downloads or in any Sweepstakes related materials; (vi) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or acceptance, receipt or misuse of the Prizes (including any travel or activity related thereto); or (vii) force majeure or acts beyond the reasonable control of Sponsors, including but not limited to acts of terrorism, earthquakes, acts of God, war, weather, labor shortages or disputes, embargo, riot, acts or omissions of vendors or suppliers, governmental act, or other acts beyond the reasonable control of Sponsors. Entrant further agrees that in any cause of action, the Released Parties liability will be limited to Entrant’s actual cost of entering and participating in the Sweepstakes, and in no event shall the Entrant be entitled to receive attorneys’ fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- Promotional Offers.
(A) You may be awarded Virtual Credits, merchandise, Rewards, products, and/or services in connection with promotions (“Promotions”) that we offer including but not limited to opening an account online, purchasing Virtual Credits, sharing information from the Virtual Casino on Your social media accounts, and participating in Sweepstakes. We reserve the right to remove Virtual Credits from Your account if we, at our sole discretion, deem You have attempted to abuse a Promotion. To participate in any Promotion, You must agree to abide by these Terms and Conditions as well as specific Terms and Conditions relating to the Promotion set out under a separate Promotions section of the Virtual Casino or elsewhere. To the extent that the terms and conditions of a Promotion conflict with these Terms and Conditions, the terms and conditions of the Promotion will prevail. We reserve the sole, unfettered right to exclude or otherwise remove You from participation in the Promotion if, in our sole opinion, the circumstances warrant such exclusion.
(B) Each Promotion is available only once per customer. The identity of a Promotion participant 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 Virtual Credits being forfeited. We may also pursue other legal remedies if we believe that you have violated these Terms and Conditions, the Promotion terms and conditions, or the law.
(C) 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.
(D) 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 you any Virtual Credits, merchandise, or Rewards in connection with a Promotion.
- Jurisdiction and Operation. The Terms and Conditions and the agreements made herein shall be governed and construed in accordance with the laws of the State of Nevada without giving any effect to any principles of conflicts of law that might direct the application of the laws of any other jurisdiction. Solely to the extent the arbitration provisions set forth below do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in the United States District Court for the District of Arizona. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. In the event of a conflict between the laws of the State of Nevada and the laws of another jurisdiction, to the fullest extent permitted by law, the laws of the State of Nevada shall apply. If You choose to access the Virtual Casino You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent applicable.
(A) If You and we do not reach an agreed upon solution to any dispute arising under this Agreement or Your use of the Virtual Casino within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding subsection above, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or Your use of the Virtual Casino shall be finally settled by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision. The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. The arbitration rules and/or these terms of service permit You or us to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(B) Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(C) 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of Your decision to opt-out to the following address: Design Works Studios, LLC 7150 E. Camelback Road, Suite 500, Scottsdale, Arizona 85251 Attn: Legal Department. The notice must be sent within thirty (30) days of creation of an account, otherwise You shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt-out of these arbitration provisions, we also will not be bound by them.
(D) Exception-Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(E) Exception-Injunctive Relief. You acknowledge and agree that any violation or breach of the Terms and Conditions may cause Diamond Sky Casino immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the Terms and Conditions or other applicable legal requirements, Diamond Sky Casino has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the Terms and Conditions. In addition to any and all other remedies available to Diamond Sky Casino in law or in equity, Diamond Sky Casino may seek specific performance of any term in the Terms and Conditions, including but not limited to by preliminary or permanent injunction. You agree that the state and federal courts located in Maricopa County, Arizona shall have exclusive jurisdiction of any request by Diamond Sky Casino for injunctive relief, and You irrevocably agree to submit to the jurisdiction of such courts for such purpose.
(F) The prevailing party in any suit or arbitration shall be entitled to an award of its reasonable attorneys’ fees and costs, in addition to, and not in limitation of, other available remedies. All forum fees and expenses in any arbitration, including, without limitation, the arbitrators’ fees, shall be advanced equally by the parties; provided, however, that the failure of a party to timely pay its portion of any arbitration fees shall entitle the other party to a default award (if the non-paying party is the respondent) or dismissal with prejudice (if the non-paying party is the claimant).
(G) One Year Time Limit. You agree to commence any arbitration proceeding (or court action if applicable) with respect to this Agreement within one year after the claim arises. You agree that a proceeding commenced after this date is barred.
- Force Majeure. Acts of God, terrorism, riots, war, floods, fire strikes and shortages are considered to be outside of the Company’s control and the Company shall not be liable for any performance issues or delays resulting from such occurrences.
- Customer Disputes. We hereby inform You that we may record all electronic transactions in the interests of staff and clients.
- Miscellaneous. Subject to any rules posted herein from time to time the Terms and Conditions contained herein represents the complete, final and exclusive agreement between You and Diamond Sky Casino and supersedes and merges all prior agreements, representations and understandings between You and Diamond Sky Casino. 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 deemed 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 Virtual Casino, You agree not to use any content provided through the Virtual Casino 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 the Virtual Casino shall be construed as granting by implication, estoppel, or otherwise, a license or right of use of any trademark displayed in the Virtual Casino.
Virtual Credit based transactions are only valid if accepted by the applicable server. Until acceptance of the transaction by our server all information displayed relating to a Game constitutes an invitation to play only. You agree that our records shall be the final authority in determining the validity and terms of any transactions and the circumstances in which they were made. We reserve the right, at our sole discretion, to refuse or limit any transaction. Where a transaction is invalid, refused or its value limited, any Virtual Credit based sum deducted from Your Account with respect to that Game may be credited to Your account.
You may not sublicense, trade, sell, or attempt to sell Virtual Credits for real money, or exchange Virtual Credits for value of any kind outside of a Game, without Diamond Sky Casino’ written permission, which may be withheld in Spin Vegas Slot’s discretion. Any such transfer or attempted transfer is prohibited and void, and will subject Your Account to termination. You acknowledge and agree: (a) that Diamond Sky Casino may change the price of Virtual Credits at any time, without notice, for any reason or for no reason; (b) that the amount of virtual points necessary to obtain certain Virtual Credits may fluctuate; and (c) that Diamond Sky Casino has no liability to You for any changes in the price of such Virtual Credits and/or the amount of virtual points necessary to obtain Virtual Credits or Rewards. Diamond Sky Casino reserves the right, without prior notification, to limit the quantity of the Virtual Credits You can purchase and/or to refuse to allow You to purchase such Virtual Credits.
- General Release. Your participation in the Games, Rewards, Sweepstakes, and other programs or services offered by Diamond Sky Casino, Design Works Studios, LLC, and/or any of our Rewards Partners are done solely and exclusively at Your own risk. You hereby release Diamond Sky Casino and Design Works Studios, LLC (and its affiliates, officers, directors, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with: (a) any technical errors associated with the Virtual Casino, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Virtual Casino; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Virtual Casino; (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from the Virtual Casino (including any travel or activity related thereto); or (g) force majeure or acts beyond the reasonable control of Sponsors, including but not limited to acts of terrorism, earthquakes, acts of God, war, weather, labor shortages or disputes, embargo, riot, acts or omissions of vendors or suppliers, governmental act, or other acts beyond the reasonable control of Sponsors. You further agree that in any cause of action, the Released Parties liability will be limited to the amount of money that You paid to Diamond Sky Casino and in no event shall You be entitled to receive attorneys’ fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Virtual Casino. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” If You are a resident of any other jurisdiction that requires a similar waiver for the foregoing release to be enforceable, You hereby waive any applicable statutes of that jurisdiction.
- Payments for Virtual Credit. Please ensure all of Your personal details relevant to Your account on the Virtual Casino are correct. If any of Your personal details are either not correct or are missing, we will not be able to authorize and process Your payments in return for Virtual Credits.
- Withdrawals. Virtual Credits may not be withdrawn from Your account under any circumstances. You acknowledge that the Virtual Credits held within Your account whether purchased for real money or not have no monetary value and are neither money nor real currency. Virtual Credits are imaginary money used for Game play on the Virtual Casino.
- Fees Derived from Virtual Credit Payments. We will charge You 100.0% of the real money sums paid by You in return for Virtual Credits required to play and to continue playing the Games available on the Virtual Casino. This fee shall be taken and earned in full effective the moment Your real money online payment in return for any amount of Virtual Credit is successfully processed.
- Dormant Accounts. Your account will be deemed a “Dormant Account” in the event You fail to use Your account for a single continuous period of 12 months or more. Use of Your account includes: (A) playing one or more of the Games for Virtual Credit; or (B) purchasing Virtual Credits. After Your account has been deemed a Dormant Account, Your account shall be deemed abandoned and closed. In the event that You return to the Virtual Casino in order to carry out any one of the previously stated activities and Your account has been previously deemed either a Dormant Account or an abandoned Account, please contact Customer Service for a review of Your account.
- Player Experience. Your player experience, if any, 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 Virtual Casino page.
Diamond Sky Casino
Attn: Customer Service
7150 E. Camelback Road, Suite 500
Scottsdale, Arizona 85251