TERMS OF USE

Conditions of Terms of Use

These Terms of Use (“Terms”) govern your access to and use of this website or mobile application, as applicable (including all of its content, the “Site”), which is made available by and operated on behalf of Saskatchewan Indian Gaming Authority (together with its affiliates, “SIGA,” “we,” “us,” or “our”), and any promotions offered by SIGA. Please review these Terms carefully, as they form a binding contract between you and SIGA.

Collection of Information.

Your privacy is important to us. We provide a privacy policy that explains our information practices and how we may collect, use, and share your personal information, as well as other types of collected information (the “Privacy Policy”) which is incorporated into and made a part of these Terms.

Acceptance of Terms of Use.

By accessing, browsing, or otherwise using the Site (including, where the applicable Site is a mobile app, by downloading), or by signing up for or using any SIGA promotions, you agree on behalf of yourself and any individual, organization or corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies, and all other juridical entities recognized by Applicable Law (“Person”) that you represent (together, “you”) that you have read and understand these Terms and our Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, DO NOT USE THE SITE.

Legal Gaming Age Policy.

Persons under the age of 19 are not permitted to gamble at our properties and/or online or through any web or mobile application, or loiter on any of our casino properties. Any offers we make or any contests we conduct, unless otherwise noted, are not open to persons younger than the legal gaming age in the applicable jurisdiction. Persons younger than this legal age are not allowed to use our websites, accept offers, or win contests, and we do not knowingly collect information from such persons for gaming-related offers. We reserve the right to verify age at any time for any reason and may decline to provide products, services or access rights to any person who does not have valid age identification.

Interpretation

Unless the context otherwise requires, words importing the singular include the plural and vice versa. A provision relating to the discretion or authorization of SIGA is in such SIGA’s sole, absolute and unfettered discretion, with no requirement to act reasonably or provide reasons. Where the word “include”, “includes”, “including”, or other variation on “include” is used, such word is deemed to be followed by the words “without limitation”.

Site Changes and Availability

SIGA may in its discretion, without any prior notice and without liability, a) modify, suspend or discontinue any portion of the Site, and b) remove or change any content or functionality from the Site. SIGA furthermore reserves the right to take any action related to the Site that is required to comply with applicable statutes, regulations, judicial precedents, orders in council, and directives of governmental or regulatory authorities (“Applicable Law”).

Termination

SIGA may at any time, with or without notice, without liability, and for any reason deny you access to the Site and terminate or suspend your licence to use the Site. If SIGA terminates or suspends your licence to use the Site, the Terms will nevertheless continue to apply in respect of your use of the Site prior to such termination or suspension.

Ownership and Intellectual Property

SIGA grants to you a revocable, personal, limited, non-sublicensable, non-transferable, and non-exclusive license to access and use the Site, as permitted under the Terms, subject to and conditional on your continued compliance with all Terms. All rights, title and interest, including all intellectual property rights, in the Site, including content and SIGA trademarks therein, are and shall remain the property of SIGA. Without limiting the generality of the foregoing, nothing contained in these Terms or on the Site should be construed as granting, by implication, estoppel, or otherwise, any licence or permission or other right to use any content or SIGA trademark. Unauthorized use of any Site content or SIGA trademark is strictly prohibited. Nothing in these Terms should be construed as granting any right to use the Site for a commercial or other non-personal purpose.

Unacceptable Use You will not:

• use the Site in a manner other than as expressly permitted by these Terms;
• use the Site to violate any Applicable Law or any Person’s legal rights;
• interfere with the functioning of the Site in any way;
• use the Site to transmit any virus, Trojan horse, worm, or other software, script or code the effect or intent of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data;
• decrypt, decompile, disassemble or reverse engineer the Site or any software or systems used to provide it;
• access or use any part of the Site that is (expressly or implicitly) not intended for use by you;
• engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site (including, without limitation, using spiders, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
• collect or harvest any information from the Site in a bulk or systematic way;
• create derivative or competitive works from the Site;
• link to the Site by way of framing technology or deep links, or otherwise incorporate any portion of the Site into any product or service;
• copy, modify, adapt, reproduce, repurpose, republish, transmit, or distribute any part of the Site;
• rent, lease, assign or transfer any part of the Site, or otherwise permit third parties to access and use the Site;
• remove, alter, or obscure any proprietary notices on the Site;
• probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site;
• collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to the Site;
• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site; or
• forge headers, impersonate a Person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or Submission you send to SIGA on or through the Site.

Feedback and Submissions

Any ideas, suggestions, or feedback that you provide to SIGA relating to the Site or SIGA’s business will be exclusively owned by SIGA. You agree that: (a) all information you provide on or through a Site (each, a “Submission”) will be true, accurate and complete; (b) you will not impersonate any Person or misrepresent any affiliation; (c) SIGA is entitled to rely on each Submission; (d) you will only include the personal information of another individual in a Submission if you have the express permission of that individual or if you are otherwise entitled to do so at law; and (e) you have obtained at your own expense all necessary consents, rights and permissions required to grant to SIGA the license to Submissions described below. By making a Submission, you thereby grant to SIGA an irrevocable, unlimited, sub-licensable, transferable, royalty-free, worldwide, perpetual license to use, copy, distribute, modify, make derivative works from, and disclose the information and any other content in the Submission, for any purpose whatsoever including commercial purposes, and you hereby waive all related moral rights or warrant that such rights have been waived by any third-party holder. However, any personal information that is included in a Submission will only be used and disclosed in accordance with SIGA’s Privacy Policy. SIGA may (in its discretion) screen, edit, refuse to post, refuse to reply to, and remove any Submissions, in whole or in part, from the Site.

No Liability for Third-Party Sites and Applications

Your use of any third-party business, content, website, or application (even if referred to or linked on the Site) is at your own risk, and SIGA expressly disclaims all liability in connection with any of them. Any dealings you have with third parties are between you and the third party and may be subject to additional terms provided by the third party.  As an example of this, accessing PlayNow.com and mobile PlayNow.com, you will be subject to the PlayNow Terms of Use.

Account and Password

You may need to register for an account to use certain features of the Site. SIGA may reject, or require that you change, any username, password, or other information that you provide to SIGA for that purpose. When you register for access to restricted areas of the Site, you agree to submit accurate and complete information and to update such information as required from time to time. You, and not SIGA, are responsible for any use or misuse of your authentication details. In particular, it is your sole responsibility to: (a) maintain the confidentiality of your authentication details; (b) use a strong password and frequently revise your password (if applicable); and (c) promptly notify SIGA immediately if you become aware of, or suspect, any unauthorized use of your account or any breach of security.

Supplemental Terms for Mobile Applications

This section applies where the Site you are using is a mobile application. You are responsible for any telecommunications and data charges and rates incurred as a result of using the Site.

From time to time, the Site may send you messages via push notifications, including transactional or promotional communications and system messages. You may opt out of push notifications if and to the extent permitted by the Site settings or your device settings.

You will promptly download and install, or cause your device to automatically download and install, any and all available Site updates issued by us. You consent to receive updates or upgrades to the mobile app automatically without providing further consent each time. The mobile app (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in the mobile app description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Policy. We are not responsible if an update or upgrade affects how the mobile application works if this is caused by your own device not supporting the update or upgrade. You can withdraw consent at any time by uninstalling the mobile application. Any failure to use the latest version of the Site may result in the Site not operating properly.

These Terms do not modify any agreement between you and the applicable mobile application marketplace, for example, Google Play and Apple’s App Store (each, an “App Marketplace”). You understand that these Terms are entered into between you and SIGA and not between you and any App Marketplace. You further understand that solely SIGA, and not any App Marketplace, is responsible for the Site, including its content, and for addressing any claims (yours or a third party’s) relating to the Site or your use of the Site. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Site. The applicable App Marketplace(s) and their respective affiliates are third-party beneficiaries of these Terms. Accordingly, the applicable App Marketplace has the right to enforce these Terms against you.

Disclaimer of Warranties

Although SIGA makes reasonable efforts to ensure that information presented on the Site is accurate, the Site, including all content on the Site and any services made available through the Site, are provided “AS IS” and “AS AVAILABLE”, and may include errors, omissions, or other inaccuracies. Your use of the Site is at your own risk. SIGA disclaims all warranties, representations, covenants, and conditions in connection with the Site, including any warranties, representations, covenants, or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, or non-infringement. SIGA makes no representations or warranties about any third-party websites or related content directly or indirectly accessed through links in the Site. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site.

Limitation of Liability

In addition to any other limitation of SIGA’s liability, in no event will SIGA (or SIGA’s directors, officers, employees, service providers, subsidiaries and agents (the “SIGA Parties”)) be liable to you for any indirect, incidental, special, consequential, punitive, exemplary or aggravated damages, or for any loss of revenue, goodwill or reputation whatsoever, based on any legal theory (including tort or negligence), and even if advised of the possibility of those damages. Your exclusive remedy with respect to any dispute and your use of the Site is to discontinue your use of the Site.

Indemnity

You will indemnify and hold SIGA and the SIGA Parties harmless from all claims, damages, losses, liabilities, costs and expenses (collectively “Losses”) arising from your: (a) use of the Site; (b) breach of any of the Terms; or (c) untrue, inaccurate, or incomplete Submissions. For the purpose of enforcing this indemnity, you acknowledge and agree that SIGA may act as agent and trustee for the SIGA Parties.

Governing Law & Jurisdiction

The Terms will be governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without reference to any conflict of law rules that might apply the laws of any other jurisdiction. You and SIGA each attorn to the exclusive jurisdiction of the courts of the Province of Saskatchewan and all courts competent to hear appeals therefrom to settle any dispute or claim that arises out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims).  Notwithstanding the foregoing, (a) you agree that SIGA shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of the Terms, and (b) you agree that SIGA shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of Saskatchewan, and you hereby waive any defence you might then have to the granting of such an order.

Injunction

You acknowledge that any breach, threatened or actual, of the Terms will cause irreparable harm to SIGA, such harm would not be quantifiable in monetary damages, and SIGA would not have an adequate remedy at law. You agree that SIGA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of the Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that SIGA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to SIGA to enforce any provision of the Terms.

Severability

If any provision of these Terms of Use is determined by a court with jurisdiction to be unlawful, void or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

English Language

It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigé en anglais.

Notices

Each notice under the Terms must be in writing and must be delivered to the other party.  Each party’s addresses for delivery of notices are as follows, unless otherwise notified by that party:

Notice from you to SIGA:

Attention: SIGA

103 Aspen Place Saskatoon, SK S7N 1K4

Email: sigawebsite@siga.sk.ca

Notice from SIGA to you:

Any address or email address you provided to SIGA, or that is publicly available (through the internet or otherwise).