Terms of Use

My WinStar Resort Mobile Application
APPLICATION TERMS OF USE
Last Updated: April 5, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WINSTAR RESORT MOBILE APPLICATION. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WINSTAR RESORT MOBILE APPLICATION.

The following terms and conditions (“Terms of Use”) form a binding agreement between you, the user, and the Chickasaw Nation, a federally recognized sovereign and self-governing American Indian Nation (“Nation”) and Dexiga, LLC, a Wyoming Limited Liability Company (“Dexiga”), and govern your use of the WinStar Resort mobile application (the “App”) and the services offered through the App. Hereinafter, Nation and Dexiga together will be referred to as “us” or “we”.

Please read these Terms of Use carefully. By creating an account, accessing the App, using its services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms of Use and you represent and warrant that (1) you have read, understand and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into these Terms. If you do not wish to be bound by these Terms of Use, you may not access or use the services.

These Terms are subject to occasional revision without notice. Continued use of the App and its services will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Please regularly check the App to view the then current Terms of Use.

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.

Privacy Policy. By using any of the services, you are agreeing to the terms of the Privacy Policy which is accessible from the Application.

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.

Sovereign Immunity. Nothing contained in these Terms of Use shall be construed to waive the Nation’s sovereign rights and immunities as shared with Nation’s officers, employees, and agents. By these Terms of Use, the Nation hereby expressly retains, without limitation, its sovereign immunity from unconsented suit.

Indemnification. You agree to indemnify and hold harmless Nation and Dexiga, their officers, employees, and agents, including any of their entities, from and against any claims, suits, actions, judgments, costs, demands, loss, damage, or any other expense whatsoever, including attorney fees and costs, arising out of, or relating to or in connection with (1) your use of the App or its services; (2) the content of any materials or information you submit, (3) any violation of any applicable law or regulation by you, and (4) these Terms of Use.

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.

Governing Law and Venue. These Terms of Use shall be governed by and construed in accordance with the laws, guidelines, resolutions, and ordinances of the Nation. State law shall neither be applicable nor shall disputes be subject to any authority outside the Nation. By accessing the App, you affirmatively consent to the exclusive jurisdiction of the Nation’s courts for all purposes relevant to this Agreement.

Complete Agreement. These Terms of Use constitute the entire agreement of the parties with respect to Terms of Use for this App and supersede all previous written or oral agreements between you and us with respect to use of the App.