My WinStar Resort Mobile Application
Last Updated: April 5, 2023
The App, its features and links to other affiliates, applications, and websites is owned and operated by the Nation on behalf of the WinStar World Casino & Resort (“WinStar”). The Nation has the right at any time to change or discontinue any of the services, or any aspect or feature of the services. The App is supported and maintained by Dexiga.
Restrictions on Use. You shall use the App for lawful purposes only. You shall not post or transmit though the App any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable law. Without Nation’s express prior written approval, you shall not post or transmit through the App any material which contains advertising or any solicitation with respect to products or services. You shall not use the App to advertise or perform any commercial solicitation. Any conduct by you that in Nation’s discretion restricts or inhibits any other user from using or enjoying the App will not be permitted.
Intellectual Property Rights. The App may contain content specifically provided by us, our affiliates or our users, and such content may include protected copyrighted material, trademarks, and other proprietary information, including, without limitation, animation, test, software, images, video, graphics, music and sound, and the contents of the App are proprietary. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of the Nation.
Equipment. Unless you have contracted with the Nation to the contrary, you shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the App and all charges related thereto.
Disclaimer of Warranty. YOU EXPRESSLY AREE THAT USE OF THE APP IS AT YOUR SOLE RISK. NEITHER NATION NOR DEXIGA, THEIR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE APP OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APP SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE APP OR ITS SERVICES.
THE APP AND ITS SERVICES ARE BEING PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITONAL, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE APP OR ITS SERVICES.
Limitation of Liability. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OF DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE APP OR ITS SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. THIS DOES NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT THE NATION AND DEXIGA ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH THEY HAVE NO CONTROL.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE NATION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIAIBLITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. THIS DOES NOT AFFECT ANY APPLICABLE STATUTORY RIGHS THAT MAY NOT BE DISCLAIMED.
Viruses. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment, telephone, or other property on account of your access to, use of, or browsing the App or its services or your downloading of any materials, data, text, images, video, or audio from the App or its services.
Nation’s Marks. The corporate trade names, trademarks, service marks, logos or other proprietary symbols and artwork appearing on the App, shall be and remains the sole and exclusive property of Nation and its licensees, and you have no right, title or interest in the same.
Other Trademarks. All other trademarks appearing on the App are the property of their respective owners.
Export Control. Software and other materials from the App may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the App may be downloaded or exported (1) into, or to a national or resident of, any country which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. We do not authorize the downloading or exportation of any software or technical data from the App to any jurisdiction prohibited by the United States Export Laws.
Changed Terms. Nation has the right at any time to change or modify the terms and conditions applicable to the use of the App, or any part thereof, or to impose new conditions, including, without limitation, adding fees or charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means, including, without limitation, posting on the App, or by electronic or conventional mail, or by any other means. Any use of the App by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
Links. The App may incorporate links to third-party web sites. We do not in any way endorse, nor are they responsible for, the content on those third-party websites.