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I. General Terms and Conditions (“GTCs”)

A. Scope

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1. These General Terms and Conditions apply to and govern the use of all contents and services offered by 'the Operator”, that is Mashantucket Pequot Gaming Enterprise d/b/a Foxwoods Resort Casino (“Foxwoods”), an arm of the Mashantucket Pequot Tribal Nation (“MPTN”), operating as ‘online.Foxwoods.com (Online Casino)’ (hereinafter also referred to as “the Foxwoods Online Casino website”) in “Foxwoods Online Casino Apps” or otherwise in electronic form, unless particular or additional conditions apply or are agreed upon in individual cases. The General Terms and Conditions also apply, in particular, to such content and services sent, posted or uploaded by users to the Foxwoods Online Casino website, including e-mails, SMS (text messages), forum contributions, chat messages or images (“User Content”) as well as the acquisition of virtual goods and virtual currency. Foxwoods Online Casino Apps are mobile applications which the user can obtain from third party suppliers. Foxwoods Online Casino Apps allow the user to use games on mobile smartphones and tablet devices.

Foxwoods Online Casino is provided by Foxwoods in partnership with BlueBat Games, a trading name for BlueBat Games, Inc (subsidiary of Greentube Internet Entertainment Solutions GMBH). All content contained on this web site and mobile application is copyright (c) 2016 BlueBat Games, Inc, a company based in Vancouver, Canada with its registered office address at 600-210 West Broadway Vancouver, BC Canada, V5Y 3W2 (“BlueBat Games”).

2. The type and mode of use in particular, by means of a computer, via mobile devices and/or other hard- and/or software do not affect the validity of the General Terms and Conditions.

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3. The operator, i.e., Foxwoods, explicitly reserves the right to change the General Terms and Conditions at any time.

4. The user confirms that he/she fully acknowledges these GTCs in the course of registration by selecting the check box “I accept the Terms and Conditions” and pressing the “Register” button and at the same time, declares his/her explicit agreement with these GTCs by selecting the check box “I accept the Terms and Conditions” and pressing the “Register' button.

B. Place of Contract Formation and Jurisdiction

1. All legal relationships between the operator and the user are governed and construed in accordance with the laws of MPTN and the laws of the State of Connecticut without giving any effect to any principles of conflicts of law that might direct the application of the laws of any other jurisdiction. In the event of a conflict between the laws of MPTN and the laws of the State of Connecticut, the laws of MPTN shall apply.

2. Nothing in the Terms and Conditions or on the web site shall constitute or be construed as a waiver of MPTN’s sovereign immunity whether on behalf of Foxwoods, MPTN or otherwise. Any legal action or proceeding relating to your access to, or use of, the web site or content shall be instituted in the Mashantucket Pequot Tribal Nation Tribal Courts. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

C. Company’s Purpose

1. The operator offers a gaming platform on the website: (hereinafter also referred to in short as “the Website” or “Foxwoods Online Casino”). The gaming platform allows users to participate in the games by means of a free Standard Account. Moreover, the operator offers Foxwoods Online Casino Apps, within which the user can apply for and use a Standard Account. Therefore, the Standard Account can be used on the website and also in the Foxwoods Online Casino Apps. Separate regulations concerning Foxwoods Online Casino Apps can be found in Point L. Detailed information about the services which cover Foxwoods Online Casino Apps can be found in the FAQ section of the Foxwoods Online Casino website.

2. The operator can, at its own discretion, also make access to the gaming platform and games, Foxwoods Online Casino Apps and the contents offered therein, respectively, as well as services, subject to specific conditions (such as a particular account type), which shall be communicated on the website on a case-by-case basis. Furthermore, the access to the gaming platform and games, Foxwoods Online Casino Apps and the contents and/or services offered therein may be temporarily or permanently limited at any time, which shall be communicated on the website on a case-by-case basis.

3. The operator reserves the right to extend, change, complement or limit the range of services at any time.

D. Conditions of Participation

1. The right to participate in the games and use the services provided on the website and in the Foxwoods Online Casino Apps, exists only within the scope actually offered by the operator in each case, considering all conditions and/or limitations introduced by the operator. Such limitations and/or conditions can apply to all users, user groups and also to individual users. The scope of services concerning the games offered within Foxwoods Online Casino Apps does not correspond with the scope of services on the website and the games offered therein.

2. The user is entirely responsible for technical configuration of the user’s terminal. The details of recommended configuration can be found in the Help and FAQ sections of the website. The operator offers the users free e-mail support. There is no guarantee that e-mails will be answered within a particular time period.

3. Any additional benefits beyond the aforesaid offered free of charge do not form part of the performance obligations and may be discontinued by the operator at any time.

E. Registration

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1. Standard Account

1.1 Users may open a so-called “Standard Account” by properly completing the registration process on the Foxwoods Online Casino website or within Foxwoods Online Casino Apps, respectively. The Standard Account can be used within the Foxwoods Online Casino website and in the Foxwoods Online Casino Apps.

1.2 Each individual may only open one standard account. The registration of a Standard Account is free of charge and allows the user to access standard games and the following features:

  • access to the standard games on the website,
  • acquisition of bonus virtual currency ('Coins'),

2. Registration for a Standard Account

2.1 The registration must include the following details which must be stated correctly and completely without providing any misleading information:

a. personal and confidential pseudonym (“display name”) – the user is not entitled to any specific display name. The display name must be unambiguous and distinct. Offensive, immoral, objectionable, National-Socialist names and names which glorify violence, etc. are forbidden. Names that contain or obviously suggest internet links, and account names suggesting certain extended rights of the user (in particular the designation of ‘administrator’ or any similar designation) are also forbidden. The operator reserves the right to prohibit, block and remove any unacceptable display name at any time. The account will be unblocked once the user has changed the display name to a permitted display name.

b. password - the user is not entitled to any specific password.

c. e-mail address - by inputting an e-mail address the user gives his/her consent to receive e-mails from the operator. Such consent can be revoked at any time in the personal settings.

2.2 The contract between the user and the operator on the use of the contents and services offered at “the Foxwoods Online Casino” website and in the Foxwoods Online Casino Apps, is formed upon proper completion of the registration process.

2.3 Should any information provided by the user prove to be false, the operator is entitled to totally or partially bar the offending user (even indefinitely) from using the services and/or contents, and may refuse to issue Coins won by the user, if deemed appropriate.

2.4 The user undertakes to keep his/her personal data up-to-date at any time, and to correct the user data by contacting the Operator via email to support@online.foxwoods.com, in the event of any changes of name, address, e-mail, etc. The user is also responsible for protecting his/her access data against unauthorized third-party access. Any actions carried out via the account of the user or under the name of the user shall be attributed to the user.

F. Property Rights to Contents

1. By registering an account and/or using the services and/or contents provided by Foxwoods Online Casino Website and Foxwoods Online Casino Apps, the user acknowledges that the entire content of the Foxwoods Online Casino Website and Foxwoods Online Casino Apps is the sole and unrestricted property of Foxwoods Online Casino. The user undertakes to use the services and any contents and information contained at any time on the website and Foxwoods Online Casino Apps, exclusively in the framework of the intended personal use, and to refrain from changing, copying, publishing, distributing or otherwise exploiting any of the aforesaid and further undertakes to refrain from interfering with the website and Foxwoods Online Casino Apps, the services and any contents and information contained therein by technical means in any form whatsoever.

2. Any user content (such as photos, questions, suggestions about games and organisational processes, etc.) transferred directly or indirectly to the operator via Foxwoods Online Casino Website and/or Foxwoods Online Casino Apps by the user shall become the sole and unrestricted property of the operator. No entitlement to compensation shall arise. Transfer of user content of any kind, including the technical and tactical sequences of the games themselves, by the user constitutes a transfer of rights to the transferred content.

G. Proper Conduct

1. Improper conduct on Foxwoods Online Casino Website and Foxwoods Online Casino Apps is strictly prohibited, including but not limited to:

  • breaking the rules regarding communication between users (see point H);
  • deliberately submitting false or misleading information;
  • any attempt to influence the result of a game by collusion, tampering with the program or by any other means contrary to the rules;
  • causing malfunctions or failure deliberately in order to influence the course of a game;
  • creating several gaming accounts for one person;
  • breaking any other rules set forth in the General Terms and Conditions.

2. The user shall, in particular:

  • not make any attempt to decompile or reproduce the gaming software used on the Foxwoods Online Casino website and in Foxwoods Online Casino Apps, shall not interfere with it in any other way, and shall not develop any software that interferes with the gaming software used on Foxwoods Online Casino, in the Foxwoods Online Casino Apps and client-server communication;
  • not use any type of software permitting the use of artificial intelligence or allowing opponent profiling or user collusion;
  • not use any software which at the operator’s sole discretion is regarded as a program allowing a user to cheat or giving a user an unfair advantage over another player;
  • use the games and services at the Foxwoods Online Casino website exclusively with an Internet browser;
  • refrain from using any scripts which are not authorised by the operator;
  • not use any software which allows the user to analyse or reproduce the website, Foxwoods Online Casino Apps or individual games, or allows the user to interfere with the website, Foxwoods Online Casino Apps and the games and/or their programming in any other way;
  • not use any program causing an excessive burden on the server.

3. The operator reserves the right to take the necessary steps, if required, to detect and prevent the use of such software by users, including but not limited to identifying and detecting the programs installed on the user’s computer or (mobile) terminal, or profiling a player’s behaviour for reasons of investigation. Should the operator detect, or suspect with good reason the use of such prohibited software, the operator shall be entitled to freeze the relevant player’s account for a period of at least six (6) months, to withhold any funds/goods in that account and/or declare them as revoked and/or to suspend the player fully or partially, temporarily or permanently, from using the operator’s website, Foxwoods Online Casino Apps and any other services and contents of the operator or its associated companies.

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H. Communication and Other Conduct between Players

1. The user assumes liability that any user content generated by him/her does not violate any legal provisions or third party rights. Specifically, the user undertakes to respect the privacy of other users, and to refrain from any offensive, immoral, objectionable, National Socialist, racist, xenophobic, discriminatory, pornographic, or sexually degrading statements or statements that glorify violence and from placing any such contents, as well as from any kind of threats or harassing behaviour.

2. The following is also prohibited:

  • the distribution of advertising;
  • conducting surveys;
  • the distribution of chain letters;
  • the use of the term “administrator”;
  • spying out the personal data of other users without their explicit consent;
  • spreading viruses, worms, etc. and any other activity affecting other computer systems and programs;
  • messages that serve the exclusive purpose of spreading religious, political and ideological convictions;
  • bothering other users by entering senseless combinations of characters, etc.;
  • deliberately blocking games and communication processes in any way.

I. Sanctions for Improper Conduct

The operator reserves the right to instantly terminate the contract of any users who conduct themselves contrary to the rules stated in these General Terms and Conditions. The operator also has the right to terminate any ongoing games, block an account or ban a user with or without prior notice and delete or withhold Coin credits where applicable.

J. Termination

1. Both contracting parties, that is both the user and operator, may terminate the contract with immediate effect at any time and without stating a reason. The user must send an e-mail with his/her name and account name to support@online.foxwoods.com. The deletion of the account will be carried out once security questions have been correctly answered. If the correct answer to the security questions cannot be provided, a copy of a current and official proof of identity must be sent to support@online.foxwoods.com. The details on the ID must match those in the account. In terminating the contract the user loses all claims to his/her account and to any services, contents, virtual goods and virtual currencies which become revoked upon termination.

2. Should an account not be logged into over a period of 6 months, it may be deleted due to lack of activity. Before the deletion is carried out, however, at least two notification e-mails will be sent to the account holder using the e-mail address given in the account data. In terminating the contract the user loses all claims to his/her account and to any services, contents, virtual goods and virtual currencies which become revoked upon termination.

K. 'Bonus Coins' (Bonus Virtual Coins)

1. Users are awarded bonus virtual currency called ‘Coins’ for undertaking certain actions. Coins can only be acquired and used in the various games and Foxwoods Online Casino Apps on the platform.

2. How bonus Coins are awarded is explained in detail in “FAQs” under the Help section of the Foxwoods Online Casino website. The operator reserves the right to make changes to the method(s) bonus Coins are awarded at any time.

4. The user has the opportunity to acquire Coins without charge for his/her activities on the website and in Foxwoods Online Casino Apps. Coins are also available for a fee in the website Coin Store and within Foxwoods Online Casino Apps. For further information on this topic, please see point M – Virtual Currency.

L. Foxwoods Online Casino Apps

1. The operator offers selected games both on and off the website as downloads for the user’s mobile terminals. The technical configuration of the user’s terminals used for that purpose is entirely the responsibility of the user.

2. Foxwoods Online Casino Apps are offered only for smartphones and tablet platforms.

3. By registering the user agrees to make the following details concerning his/her end device available to the operator in an anonymous form for the purpose of error correction and quality improvement of the app: version number of the Foxwoods Online Casino App used, end device model and versioning number of the operating system, free capacity, process cycle of the app, display characteristics, hardware configuration and software environment, system settings, system log-file and, if applicable, information on the inbuilt radio receiver and its configuration.

4. Upon proper completion of the registration process, a Standard Account is automatically created in Foxwoods Online Casino App, enabling access to Foxwoods Online Casino standard games on the website by using the same access data.

6. Foxwoods Online Casino Apps are downloaded on the user’s end device by means of internet connection. The connection tariffs applied may vary depending on the mobile operator or Internet service provider and the user is charged separately by them. It is explicitly stipulated that the connection costs charged by mobile and internet service providers (and possible basic fees) are not included in the scope of the operator’s services whatsoever and users will be charged for them by mobile and internet service providers separately.

7. The range of Foxwoods Online Casino Apps can be seen on the website. The operator reserves the right to change, reduce or expand the range of Foxwoods Online Casino Apps at any time, as well as to change the price for Foxwoods Online Casino Apps at any time, without giving a reason. Furthermore the operator has the right not to offer Foxwoods Online Casino Apps at its own discretion. In exercising that right the operator has no obligations whatsoever towards the user. The user has no claim to compensation if the Foxwoods Online Casino Apps that he/she downloaded are no longer offered or are offered under limited or changed conditions.

8. The offered Foxwoods Online Casino Apps are protected by the copyright and trademark rights of the operator. The user is allowed to save Foxwoods Online Casino Apps on his/her terminal. Any other form of saving, copying, any other processing or distribution of the game by the user is strictly forbidden.

M. Virtual Currency

1. On the website and in Foxwoods Online Casino Apps, the operator allows users to acquire and use virtual currencies. The virtual currencies offered may vary depending on the type of game.

2. The acquisition of virtual currencies grants the user solely the right to use them within the scope of and in accordance with the game; acquiring any further rights to the acquired goods or currencies (e.g. ownership) shall be excluded. The object of purchase is exclusively a licence which is limited in terms of time, content and location to the use of the relevant virtual currencies within the scope of and in accordance with the respective game license. The virtual currencies which can be acquired within the framework of Foxwoods Online Casino Apps are available on the Foxwoods Online Casino Website via Standard Account. The virtual currencies which can be acquired by the User of Standard Account on the Foxwoods Online Casino Website are available within the framework of Foxwoods Online Casino Apps.

3. Irrespective of which terminology is used on the website, in Foxwoods Online Casino Apps or in the games, a user purchasing virtual currencies only acquires a licence in accordance with these General Terms and Conditions which is limited in terms of time, content, and location to the use of these virtual currencies within the scope of and in accordance with the respective game. Any refund, redemption or compensation in real money is excluded. In case of violation of these General Terms and Conditions the operator is entitled to revoke any one or all of the licences granted for the use of virtual goods or currencies. Upon termination of contract for any reason whatsoever, any and all licences granted for the use of virtual currencies shall expire. Any virtual currencies still available to the user upon termination shall be forfeited. The user shall not be entitled to any compensation.

4. The user is forbidden from transferring his/her player account and any virtual currencies held therein to any third party. The player account for use of the services provided on the website or Foxwoods Online Casino Apps, any data on the operator’s servers and any user contents are the sole and unrestricted property of the operator.

5. The virtual currencies on offer can be found on the website and/or within Foxwoods Online Casino Apps. The operator reserves the right to change, reduce and/or increase the offer of virtual currencies, and to adjust the prices of virtual currencies at any time without giving a reason. Furthermore, the operator is entitled, at its discretion, to cease offering virtual currencies or making them available free of charge or for a fee. In exercising that right the operator has no obligations whatsoever towards the user. The user is not entitled to any compensation should the currencies he/she uses be withdrawn or provided upon different conditions, regardless of whether said goods and currencies are offered on a temporary or permanent basis . Moreover, the operator has the right to delete or change the player account and its associated player history and/or virtual currencies at any time and without giving a reason. In that case the user is entitled to terminate the contract with immediate effect. Any further claim by the user is excluded.

6. Payment for virtual currencies can be made as a one-time payment; within Foxwoods Online Casino Apps virtual currencies can be acquired from third party providers. Minors, those under 18 years of age, are prohibited from acquiring virtual currency.

7. To obtain virtual currencies on the Foxwoods Online Casino website, the user must provide the following personal information:

a. First and last name

b. Date of birth

c. Address

8. The primary real world currency used for payments to acquire virtual currencies on the website is the United States Dollar ($). If the user uses a real world currency other than United States Dollar, the exchange rate at the time of the payment is applied when converting into United States Dollars. All figures in any real world currency other than the United States Dollars shall be calculated by applying the current exchange rate.

9. Payment for virtual currencies with real money can be made using different payment methods found on the website or within Foxwoods Online Casino Apps using the payment methods of third party suppliers. The operator reserves the right to change the payment methods available without giving a reason. The operator further reserves the right to set specific prerequisites for the use of certain payment methods. The operator does not warrant the uninterrupted availability of all payment methods.

10. Virtual currencies shall be considered paid for as soon as the account of the operator has been irrevocably credited with the corresponding amount. All account and/or monetary transactions are checked by the operator without assuming any liability. Any suspicious account and/or monetary transactions will be reported to the appropriate authority.

11. The operator reserves the right, at its own discretion, to refuse the allocation of virtual currencies or to set limitations on the number of goods/currencies or on the total amount. In case of suspicion of fraud, violation of laws or of these General Terms and Conditions, the operator has the right to freeze acquisition processes and the related payment transactions until the situation has been clarified. Furthermore, the conditions set forth in Point I shall apply.

12. The operator is entitled to publish all pictures and videos transferred in the game by the user (completely or any parts thereof) and report on them in any possible way mentioning the user’s display name. The foregoing also applies to videos, pictures, etc. created by the user. When transferring or creating videos or pictures the user explicitly agrees to this reporting and irrevocably grants the operator all exclusive rights of use, exploitation, publication, editing and duplication for the above mentioned reporting free of charge, without limitation as to the subject-matter, time and location. Any claim for compensation by the user shall be excluded.

II. LIABILITY

1. Claims for damages against the operator, against its associated companies, against the agents of the operator in connection with the services and contents offered on the Foxwoods Online Casino website and in connection Foxwoods Online Casino Apps and the services and contents offered therein are excluded, unless the relevant damages are caused by the operator or its associated companies or its vicarious agents due to gross negligence or deliberate action. Further, the exclusion of liability covers any liability for claims against interruption of business, loss of data and/or information, breakdown of data processing facilities, loss of profit and consequential and financial damages, to the extent permitted by law.

This limitation of liability does not apply to personal injury.

2. The operator, its associated companies and/or its agents and its business partners shall be liable for Foxwoods Online Casino Apps damages beyond the scope of application of the Product Liability Act in accordance with the relevant statutory provisions.

3. The operator assumes no liability for loss or damage of any kind arising from the improper use of the account by the user. The operator is not to be liable for any damages whatsoever arising from the improper use of the account (i.e. persons other than operator, or associates of the operator) from a third party, as long as the improper use by the third party is not caused by the gross negligence or intent of the operator.

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4. The operator assumes no liability for any loss or damage due to circumstances beyond its control (e.g. acts of God, etc.).

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5. The operator assumes no liability for user content, however reserves the right to delete any content that infringes upon the conditions of use or any legal provisions as soon as any such content becomes known, and to pass any such infringing content on to the appropriate law enforcement authority upon the instructions of the court or authority.

6. The user is obliged to inform the operator immediately in the case of any violation of these terms and conditions. The user is also obliged in the case of the violation of these terms and conditions, to free the operator of any responsibility of resulting damages or claims of third parties, and replace any losses, costs or damages. The duty to mitigate damages by the operator is therefore not reduced.

III. OTHER TERMS

1. The operator reserves the right to extend or change the service offer at any time.

2. The user explicitly accepts that the ranking lists may not reflect the actual capability of players, as almost every offered game involves luck even if only as a secondary factor. The operator further warrants that the generation of random numbers is in no way manipulated by the operator. Further information about the random generator is available via e-mail from our support team.

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3. Revisions of the General Terms and Conditions will be sent to every user by e-mail or provided on the gaming website and within Foxwoods Online Casino Apps. When changes are communicated by email they shall be deemed accepted unless the user objects within two weeks, and the user shall be informed of that said limit in the notification of changes. Any objection leads to automatic termination of the contract. The user is obliged to check the current General Terms and Conditions on a regular basis.

4. No communications and declarations concerning this contractual relationship shall be deemed effective unless made in writing and sent by post, e-mail or given via the website or within Foxwoods Online Casino Apps.

5. The user will promptly notify the operator of any changes to personal data by correcting the user data on the website and within Foxwoods Online Casino Apps. In the event that the user fails to inform the operator of any such changes and as a result does not receive any legally relevant declarations or statements of the operator sent to the mailing address or e-mail address previously communicated, any such declarations or statements shall be deemed received.

6. Upon the registration on Foxwoods Online Casino and in Foxwoods Online Casino Apps, every player acknowledges the exclusive (intellectual) property right of the operator to the General Terms and Conditions.

7. If any of the provisions and conditions of the contract is or becomes legally ineffective, the remaining parts of the contract shall remain in full force and effect, unless adherence to the contract would entail an unacceptable hardship for either party.

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