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”).
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS INCLUDING OUR
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.
- 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.
- 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.
- 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:
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.
End user participants may be awarded amounts of imaginary currency (“Virtual Credits”) 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 Credits in order to continue playing or commence playing one or more of the Games on a pay-to-play basis. Virtual Credits cannot be withdrawn by end user participants once awarded to or purchased by the end user participant. Furthermore, Virtual Credits 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 Credits 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.
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.
- 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 Credit 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 Credit 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.
- You are not required to participate in the Virtual Casino or the Games;
- Participation in the Games is at your sole option, discretion and risk;
- you fully understand, agree to, become a party to and shall abide by all rules, regulations, terms and conditions contained herein and as such rules, regulations, terms and conditions may change from time-to-time;
- You have the full, complete and unrestricted legal right to participate in the Games and your participation in the Games is not prohibited in your jurisdiction or by any other local rule, regulation or law;
- You are at least 18 years of age;
- 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;
- 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;
- 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;
- You understand and acknowledge that the terms “Diamond Sky Casino” and “Design Works Gaming” 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;
- Your interest in the Game and the Virtual Casino is personal, and not professional;
- You are playing the Games entirely at your own risk;
- 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;
- 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, promotion (or other agencies), media partners, agents or retailers have the authority to make any such representations or warranties;
- You will not use the Virtual Casino in any manner that could disable, overburden, damage, or impair the site 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;
- 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;
- 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;
- You will not use any device, Virtual Casino or routine that interferes with the proper working of the Virtual Casino.
- You will not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- 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;
- 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;
- You acknowledge that we, without liability or responsibility, may in our absolute and sole discretion: (A) decline to accept the registration of any person, including you, to the Virtual Casino; (B) restrict, discontinue, suspend or terminate access to the Virtual Casino or play on the Virtual Casino for any reason whatsoever; (C) 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; (D) terminate your Account and your access to any Games; and (E) 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 promotional credit awards and terminate any account and confiscate any Virtual Credit winnings derived from tournament 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.
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.
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.
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) Procedures. If you and we do not reach an agreed upon solution to any dispute arising under this Agreement or your use of the Services 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 Services 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 of Service may cause Diamond Sky Casino immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the Terms of Service 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 of Service. 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 of Service, 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.
- 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;
While you may request to close your account, as a general rule, any closed account can be reopened by applying through the Virtual Casino to our customer services team.
Nobody under the age of 18 years may play Games or access the Virtual Casino. We reserve the right to require proof of age, identity and address and may request that you download, complete and return a copy of your passport or other form of valid photo ID. We also reserve the right to make inquiries with third parties in order to verify your identity, age and place of residence.
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.
To participate in any promotion (“Promotion”) you must agree to abide by these Terms and Conditions governing usage of the Games and the Virtual Casino. Specific terms and conditions relating to the Promotion will be set out under the promotions section of the Virtual Casino. 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.
Each Promotion is available only once per customer. The identity of a customer 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 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.
We reserve the right to ask you to provide sufficient documentation to satisfy us in our absolute discretion as to your identity prior to us awarding any Virtual Credits consequent to any promotion.