Terms of Use

The Riverstar Casino Mobile Application
TERMS OF USE
Last Updated December 10, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE RIVERSTAR CASINO 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 RIVERSTAR CASINO MOBILE APPLICATION.

The Riverstar Casino Mobile Application (the ”App”), its features, and links to other affiliates, applications, and websites are fully owned and operated by the Chickasaw Nation, a federally recognized, sovereign, and self-governing American Indian Nation (“Nation”) by and through the Chickasaw Nation Department of Commerce (“CNDC”), an executive agency of Nation. The App is supported and maintained by Dexiga, LLC, a Wyoming Limited Liability Company (“Dexiga”). When these Terms of Use reference “we”, “our”, or “us”, they are referring to the Nation and Dexiga.

The following terms and conditions (“Terms of Use”) form a binding agreement between the user (“you”) and us. These Terms of Use govern your use of the App and the services offered through the App.

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, all applicable laws and regulations (including the laws of the Nation) and you represent and warrant that (1) you have read, understand and agree to be bound by these Terms of Use,(2) the information you submit is truthful and accurate, (3) you are of legal age to form a binding contract with us, (3) you have the authority to enter into these Terms of Use, and (4) your use of the App does not violate any applicable laws or regulations. If you do not wish to be bound by these Terms of Use, you may not access or use the App.

These Terms are subject to occasional revision without notice. The Nation has the right at any time to change or discontinue any of the services, or any aspect or feature of the services. Continued use of the App and its services will indicate your acknowledgment 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.

In order to use the features of the App, you may be required to register and create an account. When registering for your account, you may be required to provide certain information about yourself as prompted. We have final discretion in granting accounts and reserve the right to reject users without explanation. Please read the Privacy Policy for more information on how we collect and use your information.

Use License. We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, and royalty-free license to download, install, and use the App and its Materials for your own personal, non-commercial transitory use only. “Materials” includes, without limitation, any information, content, texts, video, animation, photos, images, animation, test, software, graphics, music and sound, links to external resources, and other contents of the App to which you obtained access by using the App.

Prohibited Activities. This license may be terminated in our sole discretion, for any reason or no reason, with or without notice. You agree that in connection with your use of the App you will not:

• Modify or copy the Materials, or any portion of the Materials;
• Use the Materials for any commercial purpose or for any public display (commercial or non-commercial);
• Attempt to decompile or reverse engineer any software contained in the App;
• Remove any copyright or other proprietary notations from the Materials;
• Transfer Materials to another person or “mirror” the Materials on any other server;
• Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form); or
• Use any meta tags or any other “hidden text” utilizing our names or trademarks.

Restrictions on Use. You shall use the App for lawful purposes only. You shall not post or transmit through the App any material that 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 our express prior written approval, you shall not post or transmit through the App any material that 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 our discretion restricts or inhibits any other user from using or enjoying the App will not be permitted.

Right to Terminate or Discontinue Access and Use License. Your license to use the App shall automatically terminate if you violate any of the above Prohibited Activities or Restrictions. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use, of the App to you for any reason or for no reason at all, as permitted by applicable law. Upon terminating your access to or viewing of the Materials or upon termination of this license, you must destroy any downloaded Materials in your possession, whether in electronic or printed format. The App, its features, and links to other websites, affiliates, or applications are owned and operated by us. We have the right to change or discontinue the App or any aspect or feature of the App at any time.

Changed Terms. We may occasionally modify or supplement these Terms of Use. Revised Terms of Use will be effective upon posting on the App. Please regularly review the Terms of Use in the event they have changed. Your continued use of the App following the posting of changes to the Terms of Use means that you accept the changes and that you will use the App in accordance with the revised Terms of Use.

Intellectual Property Rights. All of the Materials and the trademarks, service marks, and logos (“Marks”), contained in the App are owned by or licensed to us and are subject to United States and international copyright and other intellectual property laws. We retain all copyright, trademark, and other intellectual property rights to the Materials and Marks contained in the App. All software used on the App is our property or the property of our service provider or its suppliers and is protected by the United States and international copyright and other intellectual property laws. We reserve all rights in and to the Materials and Marks. The App is provided for your information and personal use only. You may not modify any of the Materials or Marks in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded Materials or Marks will be permitted without the express written permission of the Nation.

Privacy Policy. In connection with your use of the App, please review the Privacy Policy to understand how we use the information we collect from you when you register an account or otherwise access, visit, or use the App. The Privacy Policy is part of and governed by these Terms of Use, and by agreeing to the Terms of Use, you also agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

Equipment. Unless you have contracted with us 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.

Rewards Program. You are not required to become a Rewards card member in order to visit and browse the App, or to make reservations through the App at the hotel or entertainment facilities that are owned, operated, or managed by the Nation. However, you will be not able to access all of the information, offers, and promotions provided in connection with the App Rewards Program unless you become a member.

Disclaimer of Warranty. YOU EXPRESSLY AGREE THAT THE 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 WARRANTS THAT THE APP OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE 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” AND “AS AVAILABLE” 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. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE APP OR ITS SERVICES. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE APP, INCLUDING, WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE ANY MATERIALS TO BE ACCURATE, USEFUL, OR NON-HARMFUL.

WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITE LINKED TO THE APP. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURANCIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE APP.

YOU AGREE THAT YOUR USE OF THE APP WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, MANAGERS, MEMBERS, PARTNERS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF.

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 OR 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 WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH WE HAVE NO CONTROL.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL OUR 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 LIABILITY) EXCEED THETEN DOLLARS, IF ANY, FOR ACCESSING THE APP AND ITS SERVICES. THIS DOES NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR AN INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE APP, ITS SERVICES, ANY MATERIALS, OR OTHER CONTENT THEREIN.

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.

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.

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 not 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 your use of the App.

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

Nation’s Marks. The corporate trade names, trademarks, service marks, logos, or other proprietary symbols and artwork appearing on the App, shall be and remain 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.

Independent Contractor.  Nothing in these Terms of Use shall be construed to create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship of any kind between us and you.

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 in 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.

Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of the applicable right or provision.

Severability. These Terms of Use operate to the fullest extent permissible by applicable law. If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of a provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

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

Questions. Any questions about the Terms of Use can be directed to: Info@TheRiverstarCasino.com.

The Riverstar Casino

11801 E 2160 Road

Terral, Oklahoma 73569-0054

855-748-3778