TERMS AND CONDITIONS
INTRODUCTION
The “Terms and Conditions” set out below were updated and are effective as of 00:00 Pacific Daylight Time (PDT) on 13/10/2015.
Please read these Terms and Conditions carefully before using this website. By using this website, you agree to accept and be bound by these Terms and Conditions as between you and Yaamava Resort and Casino at San Manuel, a casino owned and operated by the San Manuel Entertainment Authority, an unincorporated instrumentality of the San Manuel Band of Mission Indians, a federally recognized sovereign tribe (“Yaamava”). If you do not agree to these Terms and Conditions, do not use this website.
This website is provided by Yaamava in partnership with GameAccount Network, a trading name for GameAccount Network PLC. All content contained on this website is copyright (c) 2018 GameAccount Network PLC, a company based in London, United Kingdom with its registered office address at 125 Kensington High Street, London W8 5SF, United Kingdom (“GameAccount”).
Save where otherwise stated, Yaamava Resort & Casino at San Manuel shall be referred to as “Yaamava”, “us”, “we” or “our” and you are referred to as “you” or “your”.
This website, the games available on it (the “Game” or “Games”) and the underlying software and hardware platform is wholly hosted in a secure data center in Nevada.
COMPLIANCE STATEMENT
This website and the Games offered herein, are made available to eligible end users on a free-to-play and pay-to-play basis only.
You may be awarded amounts of notional currency or virtual goods (together referred to in these Terms and Conditions as “Coins”) which can be used in order to access and play the Games. You may elect to pay real money to acquire additional amounts of Coins in order to continue playing or commence playing one or more of the Games on a pay-to-play basis. Coins awarded to or purchased by you cannot be withdrawn. Furthermore, Coins cannot be translated into money or money’s worth.
You cannot win money or money’s worth from your use of the Games in any manner whatsoever and accordingly this website is not enabled for Internet gaming nor does this website offer real money Internet gaming in any form or format whatsoever.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Coins on the website, you hereby accept that you have no right or title in or to any such Coins and that we have the absolute right to manage, regulate, remove, control, modify and/or eliminate such Coins as we see fit and neither Yaamava nor GameAccount shall have any liability to you and anyone for the exercise of such rights.
ELIGIBILITY TO PLAY
This website and participation in the activities on this website is restricted in certain circumstances. Participation in the activities and Games is open only to residents of those jurisdictions where such participation is legal and not prohibited by law, including by way of age. Any Games that are made available to play online are additionally only open to individuals of legal age of majority only, in the jurisdiction in which you reside. You cannot play under any circumstances if you are not at least twenty one (21) years of age; minors may not play. Additionally, residents in countries outside of the United States, regardless of their age, may not play.
In order to avoid minors playing on this website, we reserve the right to carry out verification checks to verify the information provided by you. We may undertake a search with a third party for the purpose of verifying that you are 21 years or over. Where these checks are unable to verify that you are 21 years of age or over, we reserve the right to ask you for proof of age, satisfactory to Yaamava in its sole discretion. If we are unable to confirm that you are aged 21 or over within seventy two (72) hours (or such other period as may from time to time be specified by Yaamava) of your account being opened then we are required to suspend your account until satisfactory proof of your age is provided.
With respect to players who reside outside the United States, you may not seek to register and/or open an account within this website and in the event you circumvent the technical blocking systems employed by Yaamava, or its designees, to prevent access by residents of countries outside the United States your account will be subject to immediate closure and you will forfeit any and all Coins contained therein.
Yaamava and its designees reserve the right to carry out local research and to check with local authorities if you fail to produce evidence of your identity within 30 days of a request by Yaamava and in the event you fail to produce evidence of your identity we will treat your account as a “Dormant Account” in accordance with section 21 below.
GAMES
The Games found on play.yaamava.com located under the ‘Online Casino’ navigation are a mixture of:
• Person-to-person or multi-player games of skill and chance combined; and
• Single-player games of chance,
and certain Game rules may have been modified slightly due to the nature of the website and the Internet. You accept and recognize that the Games are provided for entertainment purposes only and do not afford opportunities to win prizes, money or other form of real currency.
SESSION COMPLETION
After a one player Game begins, it will continue until:
• you win;
• you lose;
• you resign; or
• your connection is terminated for any reason or the game window is closed.
In the event of a multi-stage single-player game where there are still active bets of Coins on the table, the Game state may be stored and resumed at a later date.
After person-to-person Game begins, it will continue until:
• you win;
• you lose;
• you resign; or
• your connection is terminated for any reason in which case you will be deemed to have lost the Game if you cannot reconnect to the Game while it is still in progress (please see the terms of our disconnection policy as set out below). If you lose your connection during a game of Pro Blackjack, in which you were in the middle of playing out one or more hands of blackjack, your session will persist and you will be able to login to the website, re-launch the Pro Blackjack Game and continue your hand or hands of blackjack. If you do not reconnect to continue play of this session of Pro Blackjack within thirty (30) days your Coins will be deducted or forfeited to Yaamava.
In the event that:
• a disconnection occurs; or
• you close the Game-lobby window (which closes all Game Tables); or
• you close the Game-Table window,
your Game will be paused and your opponent notified of your disconnection. If you log back in and re-enter the Game lobby within two (2) minutes you will be given the opportunity to rejoin your Game table (the “Disconnect Protection”). If you do not reconnect within the two minute period your opponent will be deemed the winner and your Coins or Coins-liability will be deducted or forfeited.
Our software will detect whether there has been a genuine disconnection. If you try to claim Disconnect Protection by simply getting 'timed out', you will be deemed to have resigned from the Game. Disconnect Protection is not to be used for any purpose other than a genuine disconnection. Any intentional disconnections from the virtual Game lobby or virtual Game table may result in forfeiture or deductions of Coins winnings, or expulsion from the site.
In the unlikely event a real Game in progress is cancelled due to technical issues, both players will be automatically refunded their Coins buy-ins, regardless of the players’ standing when the Game was stopped . We reserve the right to render final decisions on all matters concerning Game terminations or stoppages or other Game determination issues, at our sole discretion. Refunds may be communicated via electronic mail or via the Site.
AVAILABILITY OF GAMES
We reserve the right, in our sole and absolute discretion and without liability, to cancel or suspend a Game should a virus, bug, worm, communication or server failure occur or for any other reason we deem necessary.
PASSWORD RESPONSIBILITY
It is your responsibility to safeguard your access details from any unauthorised use and we recommend that you change your password on a regular basis. You also agree that you will not lend or transfer your login details to any third party. You shall fulfil all commitments made on your account in the course of using the website and be responsible for all communication from your account with us.
We shall not be required to maintain usernames or passwords and if you misplace, forget, lose or are otherwise unable to enter the website play.yaamava.com (Online Casino), we will not be responsible and will not be held liable for any claims regarding your account.
MODIFICATION OF TERMS AND CONDITIONS
We reserve the right to modify and/or amend any of these Terms and Conditions from time to time as we deem fit. The Terms and Conditions contained herein may be modified and/or amended without notice to you. Any such modifications and amendments will take effect upon posting in the "Terms and Conditions" section of this website. You should check the website from time to time to review these Terms and Conditions because they are binding on you.
REPRESENTATIONS & WARRANTIES BY PLAYERS
By doing any of the following things:
• entering the website;
• opening and using an account on the website; and
• playing Games on the website, you hereby represent, warrant and certify all of the following:
• you are not required to participate in the Games;
• participation in the Games, if elected by you, is at your sole option, discretion and risk;
• you fully understand, agree to, become a party to and shall abide by all rules, regulations, terms and conditions contained herein and as such rules, regulations, terms and conditions may change from time to time;
• you have the full, complete and unrestricted legal right to participate in the Games and your participation in the Games is not prohibited in your jurisdiction or by any other local rule, regulation or law;
• you are at least 21 years of age and an "adult" (as that term is legally defined within the jurisdiction in which you are playing from) or the age necessary to participate in the Games, if the jurisdiction within which you playing from requires you to be over a certain age;
• you only have one account, username and password with Yaamava Resort & Casino at San Manuel for all of the websites run by us and understand that your account may be closed if you are deemed to be operating more than one account or username;
• you shall not allow any other person or third party including, without limitation, any minor, to participate in the Games; use or reuse your account; access and/or use any materials or information from the web site.
• you understand that you obtain no rights to any trade names, terms, graphics, text, concepts or methodologies of Yaamava Resort & Casino at San Manuel or GameAccount, by using the website and the material contained therein;
• your interest in the Game and the website is personal, and not professional;
• your entering of the website is solely for your own personal entertainment and any other entrance, access, use or reuse of this website by you is strictly prohibited;
• you play the Games entirely at your own risk.
• you shall periodically review at a rate not less than once monthly these Terms and Conditions posted within the "Terms and Conditions" section of the website;
• you shall not participate in the Games; open, use or reuse an account; nor enter the website, if you do not fully understand, agree to, become a party to, and shall abide by, without exception, all rules, regulations, Terms and Conditions contained herein, and as may change or be amended from time to time;
• you do not find the Game or the website to be offensive, objectionable, unfair or indecent;
• you understand that you will receive mailings and/or cellular text messages and/or emails informing you of news and information relating to http://play.yaamava.com (Online Casino), the Games and/or the land-based casino property known as Yaamava and located in California from time to time. You can unsubscribe from future mailings at any time in accordance with the Yaamava Privacy Policy;
• we make no representations or warranties, implicit or explicit, as to the legal right for you to participate in the Games nor shall any of our employees, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion (or other agencies), media partners, agents or retailers have the authority to make any such representations or warranties;
• you acknowledge that the chat room facility is provided solely to enhance your or your opponent's enjoyment of a Game. You will not use the chat room facility to post any obscene, racist, sexist, defamatory, inflammatory or otherwise objectionable wording in accord with our Code of Online Conduct set out below. If you do so you will hold Yaamava and Game Account harmless from any loss, damage, cost or expense of whatsoever nature or howsoever arising therefrom including but not limited to loss of business, profit, extraordinary or punitive damages, any fines or penalties. We may terminate your Account and your access to any Games;
• you acknowledge that we, without liability or responsibility, may in our absolute and sole discretion:
i) decline to accept the registration of any person, including you, to this website;
ii) restrict, discontinue, suspend or terminate access to the website or play on the website for any reason whatsoever;
iii) may cancel or unwind all Coins promotional awards and confiscate any Coins winnings derived from tournament entries or wagers associated with any account the access to which has been restricted, discontinued, suspended or terminated. You acknowledge such Coins winnings as forfeited; and
iv) actively scan Games on our website to ensure that no players are using any type of 'bot' or additional software in order to give themselves an unfair strategic advantage while playing a Game. While we cannot prevent players from initially using such aids, we do reserve the right to retrospectively cancel or unwind all Coins promotional credit awards and terminate any account and confiscate any Coins winnings derived from tournament entries or wagers where we have detected, on review of customer's gameplay, that such aids have been used. Our decision, without liability or responsibility, is final on all accounts terminated.
COLLUSION, CHEATING AND FRAUD
If you are playing any head-to-head or multiplayer Game in competition against or seated with other players of the same Games you cannot see or identify those players who you are playing against or with (other than by username or alias published in the software environment) and they may be:
• colluding with other third party players; or
• using unfair external factors or influences (commonly known as cheating); or
• undertaking fraudulent activities to your disadvantage and their advantage.
Such practices are not allowed and we will take all reasonable steps to prevent them.
If you suspect any player is cheating or colluding or undertaking a fraudulent activity it should be reported to us immediately by email to [email protected] identifying the player or players’ usernames or aliases involved and containing a brief description of their suspect activities.
We reserve the right to terminate your account, withhold or confiscate in full or part (at the unfettered discretion of the customer services staff) the Coins balance of your account and in doing so recover from your account the amount of any Coins if:
• you are found to be or reasonably suspected to be participating in any form of collusion or fraudulent practice;
• we become aware that you have undertaken Coins gaming with any other online provider of Coins gaming and are suspected (as a result of such play) of fraud, collusion or unlawful or improper activity;
• we become aware that you have begun proceedings to "charge back" a bank card or have denied any of the Coins purchasing transactions made on your account;
• you become bankrupt or have equivalent proceedings occurring anywhere in the world;
• you violate or promote the violation of any applicable laws or regulations; or
• you or person(s) using your account have engaged in any activity on the website for which you or such persons were not eligible or which otherwise violates these terms and conditions.
If we become aware, or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity then we reserve the right to retain the amount of that transaction and any other transaction made by you. We shall be under no obligation to provide you with any reasons for so doing.
Where we suspect that you are participating in any form of unlawful activity, collusion or fraudulent practice we reserve the right to report such activity or suspicions to the police or relevant authorities.
You may not play any Game if you or a member of your household, are or have ever been, an employee of Yaamava, and/or GameAccount or any of their subsidiaries or affiliated companies. For the purposes of this clause an “employee” includes third party contractors such as licensors, software suppliers, developers or partners and all those persons in any way affiliated with them.
DISCLAIMER OF LIABILITIES
Under no circumstances, including but not limited to, negligence, shall Yaamava or GameAccount, nor their employees, suppliers or affiliates, be liable for any loss of chance or opportunity, loss of income, loss of use of money, loss or corruption of data, damages (including loss of profit), special, consequential or otherwise, that result from the use of, or the inability to use, the materials in this website, even if our representative (authorized or otherwise) has advised you of the possibility of such.
The materials in this website are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, course of dealings, course of performance, usage or trade. Applicable law may not allow for the exclusion of implied warranties and, to that extent only, the above exclusion may not apply to you.
We are not under any obligation to provide the website, or any Game thereon, to anyone, or the opportunity for any person to participate or continue to participate in any Game or tournament and we expressly decline liability for the same.
We do not warrant that the functions contained in the content of this website will be uninterrupted or error-free, that defects will be corrected, or that this website (or the server that makes the website content available) is free of viruses or other harmful components.
We are not responsible for:
i) technical, hardware, software, telephone failures of any kind;
ii) lost or unavailable network connections;
iii) incomplete, garbled, or delayed computer transmissions; and/or
iv) any technical or human error which may occur in the processing of submissions which may limit your ability to participate in the website,
whether caused by us, by you or by any of the equipment or programming associated with or utilized in the provision of the Games and the website.
We do not warrant or make any representations regarding the use or the result of the use of the materials in this website in terms of correctness, accuracy, reliability or otherwise.
We shall not be liable for computer malfunctions, nor attempts by you to participate in the Game by methods, means or ways not intended by us.
We are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected or postage due on mail.
We may collect information about your computer including, where available, your IP address, operating system and browser type. This is statistical data and does not identify any individual.
JURISDICTION AND OPERATION
These Terms and Conditions and the agreements made herein shall be governed and construed in accordance with the laws of the State of California without giving any effect to any principles of conflicts of law that might direct the application of the laws of any other jurisdiction. Any legal action or proceeding relating to your access to, or use of, the website or content shall be instituted in a state or federal court in San Francisco County, California. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
This website is operated from a server, or servers, owned by GameAccount, and neither Yaamava nor GameAccount makes any representation that the materials or content in this website are:
• appropriate; or
• available in any location.
If you choose to access this website you do so on your own initiative and are responsible for compliance with local laws, if and to the extent applicable.
RESPONSIBLE CREDIT GAMING
We want you to enjoy online free-to-play and/or Coins-based pay-to-play gaming in a responsible fashion and request that you follow these simple guidelines:
i) Please try to establish limits for the Coins-based payments you are willing to make over any period of time, before you start playing;
ii) Free-to-play and Coins-based gaming on this website is not recommended if you are recovering from a dependency or are under the influence of alcohol or other substances;
iii) Coins-based gaming on this website is not recommended if it might interfere with your daily responsibilities; and
iv) ) Self-exclusion: While you may request to close your account, any closed account can be re-opened by applying to the customer services team at [email protected]. You may wish to permanently close your account by electing to “self-exclude”. In order for you to “self-exclude” please contact our customer services team requesting specific “self-exclusion” documentation.
v) Over 21s Only: It is not allowed for anyone under the age of 21 years to play our Games. We reserve the right to request proof of age, identity and address and may request that you download, complete and return a form by fax to a nominated number together with a copy of your passport or other form of valid photo ID. We also reserve the right to make inquiries with third parties in order to verify your identity, age and place of residence.
CUSTOMER DISPUTES
We hereby inform you that we shall record all electronic transactions in the interests of staff and clients.
MISCELLANEOUS
Subject to any rules posted herein from time to time (such as Tournament Rules) the Terms and Conditions contained herein represents the complete, final and exclusive agreement between you and Yaamava and supersedes and merges all prior agreements, representations and understandings between you and San Manuel.
If any provision of these Terms and Conditions shall be determined to be unlawful, void or for any reason unenforceable, then the unlawful, void and/or unenforceable provision(s) shall be deemed severable from the other provisions contained herein and shall not affect the validity and enforceability of any of the remaining provisions.
Other than the limited, permitted use to participate in the Games on the website, you agree not to use any content provided through the website for any public or commercial purpose without our express written permission. You agree not to download, rent, lease, loan, distribute, create derivate works, copy, re-use, modify, adapt, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or discover the source code of all or any portion of the Games, create improvements, or seek to obtain intellectual property protection on the content of any intellectual property rights in the Games. Nothing contained in this website shall be construed as granting by implication, estoppel, or otherwise, a license or right of use of any trademark displayed in the website.
Coins-based transactions are only valid if accepted by our server. Until acceptance of the transaction by our server all information displayed relating to a Game constitutes an invitation to play only. You agree that our records shall be the final authority in determining the validity and terms of any transactions and the circumstances in which they were made. We reserve the right, at our sole discretion, to refuse or limit any transaction. Where a transaction is invalid, refused or its value limited, any Coins-based sum deducted from your account with respect to that Game may be credited to your account.
CODE OF ONLINE CONDUCT
When you chat to other persons online you are required to:
• use polite and courteous behavior; and
• to extend to strangers from different US States and cultures those widely recognized levels of social etiquette employed during telephone communications or meetings in person
• While the great majority of our online players understand and adhere to these recognized levels of courtesy and politeness in all chat room discussions and email messages ("Communications") a small minority engage in unacceptable behavior during such Communications ("Abuse").
We accept and recognize your right to freedom of expression during online communications but you shall recognize your primary responsibility towards other players not to cause offense through the use of inappropriate or inflammatory words, comments or phraseology during online Communications either prior to, during, or after, any online Game session.
We require that you refrain from Abuse, whether intentionally caused or not. Abuse may be specifically constituted by any of the following:
• using foul language or expletives in the course of Communications;
• insulting fellow players (whether in-Game or not);
• repeated or one-off Communications during a Game session intentionally timed to distract or otherwise interfere with the course of the Gameplay; and/or
• employing sexual language or words suggesting inappropriate behavior.
In addition, we strongly recommend to our players that they withhold their email addresses from other players at all times in order to avoid the risk of onward distribution or publication of these to unauthorized companies or persons. We will not release email addresses to unauthorized third parties unless required to do so by operation of law or regulation and we request that our players extend that privilege to each other.
Compliance with our Code of Online Conduct is a mandatory requirement of all our players who have accepted our Terms & Conditions for using and accessing the website and playing the Games. We monitor, store and review all chat room and in-Game Communications on a regular basis and will investigate any complaints submitted by our players. Failing to comply may result in the suspension and / or termination of your user account. Suspended accounts may be re-activated at our discretion
PAYMENTS FOR Coins
Please ensure all of your personal details relevant to your account on the website (under the section My Account/My Details) are correct. If any of your personal details are either not correct or are missing, we will not be able to authorize and process your payments in return for Coins.
Credit Cards
We accept payments for Coins by MasterCard and Visa. All credit card transactions are completed on a secure encrypted link between our head office and the clearing bank centre. This payment method is free.
ACH Bank Transfers
It is also possible to send us an online bank transfer from your bank account. Please click on 'Buy Coins' and choose 'Bank Transfer' to find all the bank details needed to arrange this payment method.
We reserve the right to conduct a security review at any time to validate:
• your identity;
• age;
• the registration data provided by you;
• to verify that your use of the Games available at this website was in compliance with these Terms and Conditions and of applicable law; and
• that your financial transactions conducted via this website were in compliance with these Terms and Conditions and of applicable law.
You authorize us (and our agents) to make any inquiries of you and for us to use and disclose to any third party details that we consider necessary to validate the information you provided to us, or should have provided to us, in accordance with these Terms and Conditions, including but not limited to:
• ordering a credit report; and
• verifying the information provided by you against databases provided by third parties.
To enable us to fully conduct these inquiries you agree to provide such information or documentation as we, in our sole unfettered discretion, may request.
PROMOTIONAL OFFERS
You may be awarded Coins to use on the website by opening an account online and thereby automatically accepting a promotional offer.
We reserve the right to remove Coins from your account if we, at our sole discretion, deem you have attempted to abuse the Coins.
You may be awarded rewards points credited to your Yaamava reward card and redeemable in the Yaamava property, consequent only to undertaking purchases of Coins via the website (and not, in any way, consequent to your activity playing the Games or any outcomes associated with playing the Games).
As a participant in any promotion (“Promotion”) you must agree to abide by these Terms and Conditions governing usage of the Games and the website.
Specific terms and conditions relating to the Promotion will be set out on the website under the promotions section of this website.
To the extent that the terms and conditions of the Promotion conflict with these Terms and Conditions the terms and conditions of the Promotion will prevail.
We reserve the right to vary the terms of, or terminate, the Promotion and/or to withdraw any other offers described in these Terms and Conditions at any time and without notice and shall not be held liable for doing so.
Each Promotion is available only once per customer. The identity of a customer will be determined on the basis of all, or any, combination of the following: name, mailing address, e-mail address, IP address, credit/charge card number, computer, and any other forms of identification which may be required. If you are found to have multiple accounts it will result in all your accounts being closed and any Coins being forfeited.
We reserve the right to vary the terms of, or terminate, the Promotion and/or to withdraw any other offers described in these Terms and Conditions at any time and without notice and shall not be held liable for doing so.
Coins will expire after two months of inactivity i.e. no Games played during that time.
We reserve the right to ask you to provide sufficient documentation to satisfy us in our absolute discretion as to your identity prior to us awarding any Coins consequent to any promotion.
WITHDRAWALS
Coins may not be withdrawn from your account in any circumstances. You acknowledge that the Coins held within your account consequent to purchases of Coins in return for real money have no monetary value and are neither money nor real currency.
PUBLICITY
In the event you accumulate a material amount of Coins in your account (and materiality shall be determined at the sole discretion of Yaamava or GameAccount) during the course of playing the Games available at this website, you authorize us to promote your activities playing the Games and associated Coins accumulation through diverse marketing and promotion undertaken in a manner entirely at our discretion and including but not limited to:
• news articles posted online and visible to other players of the Games;
• leaderboards published on the website;
• email communications to our other customers;
• press releases intended for publication to the public; and
• advertising of your activities.
At all times we will ensure that your identity is kept confidential unless specifically waived by you.
FEES DERIVED FROM CREDIT PAYMENTS
We will charge you one hundred percent (100.0%) of the real money sums paid by you in return for Coins required to continue playing the Games available on this website. This fee shall be taken in full effective the moment your real money online payment in return for any amount of Coins is successfully processed. We charge this fee to cover our costs of development, hosting and maintenance and share any profits with commercial partners.
Dormant Accounts
Your account will be deemed a “Dormant Account” in the event you fail to use your account for a single continuous period of 90 days or more. Use of your account may be constituted by:
• playing one or more of the Games for Credit; or
• purchasing Coins.
All Dormant Accounts with Coins remaining shall be subject to an inactivity charge of 100% of all Coins contained in your account one day following the first month in which your account is deemed a Dormant Account. After your account has been deemed a Dormant Account and has subsequently been dormant for an additional calendar month, your account shall be deemed an “Abandoned Account” and closed at a time solely determined by Yaamava and/or GameAccount.
In the event that you return to the website in order to carry out any one of the previously stated activities and your account has been previously deemed either a Dormant Account or an Abandoned Account, please contact Customer Services for a review of your account.
PLAYER RATINGS
Your per-Game player rating is operated and defined at our absolute discretion and is subject to change from time to time without notice to you. Information on player ratings is clearly displayed on each Game specific website page.
We reserve the right to vary the terms of, or terminate, the Referral Promotion and/or to withdraw any offers described in these terms at any time and without notice and shall not be held liable for doing so.
TOURNAMENT RULES
In addition to Games, this website may from time to time offer Tournaments in which a prize other than Coins may be awarded to the winner. In such event, in addition to the Terms and Conditions, the following specific rules ("Tournament Rules") shall govern entry into any of the free-to-enter poker tournaments available on this website (the “Tournament(s)”).
The eligibility requirements for entry into any Tournament are subject to change at any time based upon changes in applicable law or our policies. In order to participate and claim any prize offered on this website through Tournament play:
(a) You must not be a resident of any "Excluded State." Excluded States at present are any of the following States: Florida, Illinois, Iowa, Mississippi, Rhode Island, South Carolina and Vermont (the “Excluded States”). You will qualify as a resident of one of the Excluded States if you are registered as a resident in that Excluded State for tax, voting, or welfare purposes or for any other reason that we may deem to be sufficient evidence that you are a resident of one of the Excluded States.
(b) You must not be physically located in any of the Excluded States whilst participating in the Tournament regardless of whether or not you are a resident of the Excluded State.
(c) You meet all of the other eligibility requirements set out in these Terms and Conditions including but not limited to the minimum age requirement of twenty-one (21) years of age.
By entering the Tournament, you hereby warrant that you meet the eligibility requirements referred to above. You also acknowledge that you are subject to all laws applicable to the area in which you reside and/or from which you access the Tournament and you are solely responsible for obeying those laws. You agree that neither Yaamava nor GameAccount can be held liable if laws applicable to you restrict or prohibit either your participation in the Tournament or your ability to be awarded any prizes available in the Tournaments. We make no representations or warranties, implicit or explicit, as to your legal right to participate in the Tournament.
We reserve the right to monitor the location from which you access the Tournament and to block access from any jurisdiction in which participation or the ability to be awarded prizes is illegal or restricted, although your ability to access the Tournament shall not be deemed to represent our acceptance or acknowledgement of your eligibility to participate in the Tournament.
If we suspect you of undertaking any of the following actions, then you will automatically be disqualified from the Tournament and may have your account suspended for further investigation or closed:
(a) soft-playing; or
(b) chip-dumping; or
(c) team playing, collusion or fraudulent practices; or
(d) using unfair external factors or information in a manner which we deem inappropriate; or
(e) any other breach of these Terms and Conditions.
We may elect to award prizes to winners of Tournaments or to leaders of leaderboards and the award of any such prizes is entirely at our discretion. We expressly reserve the right to exclude any participant before, during or after the Tournaments, regardless of the outcome of the Tournament or the leaderboard status.
Prospective winners will be contacted by our Customer Support team and will have thirty (30) days to confirm their identity and accept prizes. We may, at any time, ask that you provide an affidavit (and supporting documentation) as to your eligibility to enter into the Tournament and reserve the right to withhold any prizes if we do not receive an affidavit and all such documentation to our entire satisfaction. Failure to comply with this will result in the prizes being forfeited.
In the case of any dispute, we will review any claims in accordance with our disputes procedure and our decision shall, in all cases, be final.
All applicable local, state, and federal taxes are the sole responsibility of the winner(s).
We reserve the right to change the Tournament Rules at any time without prior notice, and may issue additional terms and conditions at our sole discretion.
COMPLAINTS AND DISPUTES
If you wish to make a complaint, you must do so by contacting our Customer Support team. [email protected]. Any complaints must be registered with Customer Support within 6 (six) months of the occurrence of the event to which the complaint relates. We will not be able to deal with any complaint in respect of an event which pre-dates this time period.
PRIVACY POLICY
Last Updated: August 6, 2021
This Privacy Policy ("Policy") describes the data practices of Yaamava Resort and Casino at San Manuel, ("Yaamava,” “we” “us” and/or “our”), a casino owned and operated by the San Manuel Entertainment Authority, an unincorporated instrumentality of the San Manuel Band of Mission Indians, a federally recognized sovereign tribe. This Privacy Policy explains the types of personal information we collect, how we may use and share the information, and the privacy choices that you have with respect to our handling of personal information about you. Data collected on tribal Trust lands are covered by applicable Tribal law, including the San Manuel Privacy Act.
Whenever we use the words "we," “our,” "us" or "Yaamava," we are referring to Yaamava Resort & Casino at San Manuel. Whenever we use the words "our websites," or “Services,” we are referring to www.yaamava.com, play.yaamava.com, Yaamava Resort & Casino at San Manuel.
Type of Information We Collect
The types of personal information we may collect include:
- Name
- Residential street address or postal address
- Email address
- Social security number
- Date of birth
- Driver's license number
- Geolocation
- Government issued identification number
- Phone number
- Financial information such as credit card number, debit card number, bank account or other financial institution account number
- Club Serrano card number
- Information we must collect to comply with applicable law.
- Details about devices used to access our websites or mobile applications such as IP address, browser information, device information, cookies, mobile advertising IDs, HTML5 localStorage and similar technologies. This is discussed further below.
- Video surveillance footage, including images and audio via security cameras located in public areas and threat detection systems. Such surveillance may incorporate facial recognition technologies and magnetic sensor technology.
How We Collect Information
We may collect personal information from various sources, including:
- When you voluntarily provide it to us
- When you sign up and create an account
- When you register and enroll for a Club Serrano card
- When you sign up to receive emails, special promotions, offers, event information, the Yaamava Newsletter, or other communications (e.g., social media sites)
- When you play games on our websites or mobile apps
- From third parties for our business purposes
- When you make purchases
- When you communicate with us
- When you submit a request for a Win/Loss Form
- When you submit a request for an IRS Form W-2G or Form 1099
- When you consent to receive text messages, we collect your mobile telephone number, in order to send you the text messages; you will also have the option to stop receiving text messages
- When you contact us offline or submit information to us offline
- When you apply for a job with us
- When you use our Kiosks
- When you provide it through our websites
- When you provide it through our mobile apps
- Directly from you, at your direction or with your consent
- In connection with your use of the Services (e.g., via our websites and devices you connect to the Services)
- From our service providers, partners, and third parties, such as those discussed in the “How We Use Your Information” and “How We Share Your Information” sections below
- From other platforms that you may use to engage with us
- Automatically, from devices that you use to connect to our website and app
- In public areas, through our use of safety and security technologies that we may use when you visit our locations
From time to time, we may use or augment the personal information we have about you with information obtained from other sources, such as public databases, social media platforms and other third parties, including to perform obligations required under applicable law. We may also use such third party information to confirm contact information or to better understand your interests by associating demographic information with the information you have provided.
What Happens If You Do Not Provide Your Personal Information To Us?
If you do not provide personal information that we request or require in connection with our Services or our business functions and activities, we may not be able to provide our Services to you, or be able to respond to an enquiry or a complaint or be able to assist you in other ways. For example, we also may not be able to provide you with information about products and services that you may want.
How We Use Your Information
We may use the information we collect to operate our Services. We also collect, hold, use and disclose the information to:
- Communicate with you about our Services
- Conduct or administer surveys and other market research for our business purposes
- Enable our targeted advertising to you through the use of cookies and similar technologies, as discussed below in our “Cookies and Similar Technologies” section
- Respond to requests, questions and comments
- Provide you with our newsletters, articles, announcements, invitations and other information about Services
- Based on your consent to receive e-mails, messages, notifications or phone calls, we will send you communications about our Services, including providing you personalized advertisements that identify products, services, games, or events that we think may be of interest to you based on your purchasing and gaming habits when you visit our websites
- Enable you to connect with third parties or use third party sharing functionality such as third party social media widgets/tools/buttons
- To validate your ability to access or use our Services (e.g., validate that that you are over the age of 21)
- Comply with legal requirements, judicial process, and our policies (e,g., to verify users’ identity in connection with access or correction requests)
- To protect the safety and security of our guests, personnel, locations, and the general public
We may also aggregate or deidentify any personal information that we collect in connection with our Services, such that the information is no longer personally identifiable or attributable to you. We may use such aggregated or deidentified information for our own legitimate business purposes without restriction.
How We Share Your Information
We may share the information we collect:
- Within our company, our branded subsidiaries, joint ventures, and other companies in the United States under our common control (collectively, "Affiliates")
- With service providers that perform services for us or on our behalf, including, but not limited to, for the purposes of operating our website and apps, assisting us to perform business functions and operations, and for fulfilling requests by you. For example, service providers include web hosting providers, app hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, and professional advisors such as accountants, solicitors, business advisors and consultants
- With third parties for our marketing purposes
- With your consent and at your direction
- When you voluntarily provide content for the purpose of it being shared with other users
We may also disclose personal information in order to assist with or otherwise enable our compliance with a legal or regulatory obligation, protect and defend our rights or property, and protect the safety of our users or the public.
We reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our business or assets. If we engage in such a sale or transfer, we will make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Policy. After such a sale or transfer, you may contact the recipient with any inquiries concerning the recipient’s privacy practices.
“Do-Not-Sell” Status
We do not sell your personal information in exchange for monetary consideration.
Marketing
You may unsubscribe from receiving marketing or other commercial emails from us by following the instructions included in the email (e.g., clicking the unsubscribe link). However, even if you opt out of receiving such communications, we retain the right to send you non-marketing communications (such as information about changes to our Privacy Policy or Terms of Use).
Cookies and Similar Technologies
We, our service providers, and our business partners may also collect certain information about the use of our websites and apps by automated means, such as cookies, web beacons, HTML5 localStorage, and other technologies. We may also collect information about online activities over time and across third party websites.
The information that may be collected by automated means includes:
- URLs that refer users to our website
- Search terms used to reach our website
- Details about the devices that are used to access our website (such as IP address, browser type, operating system information, geolocation, and mobile device information)
- Details about users’ interaction with our website (such as the date, time, frequency, and length of visits, and specific pages accessed during the visits)
Web browsers may offer users of our website the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our website may not function correctly. To support and enhance our Services, we may serve advertisements through our Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called “ad networks.” Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. We are not responsible for the privacy practices of these ad networks and other parties. Advertisements served through the Services may be targeted to users who fit a certain general profile category, which may be inferred from information you provide to us, based on your Services usage patterns, or based on your online activities. We do not provide personal information to any ad networks for use other than in connection with our Services.
You can make decisions about your privacy and the ads you receive. You can control whether companies serve you online behavioral advertising by visiting the Digital Advertising Alliance website and using its opt-out: http://www.aboutads.info/choices/. The DAA opt-out requires that cookies not be blocked in your browser. To learn more about ad networks and to adjust your preferences you may also visit the Network Advertising Initiative: https://www.networkadvertising.org/understanding-online-advertising.
Because there is not yet a consensus on how companies should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time.
Please note that not all tracking will stop even if you delete cookies.
Links to Other Websites and Third Party Content
We may provide links to other websites, services, and applications that are not operated or controlled by us (the “Third Party Services”). This Privacy Policy does not apply to the Third Party Services. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content, privacy policies, or practices of those Third Party Services. We encourage you to review and understand the privacy practices of any Third Party Services before providing any information to or through them. Your interactions with these features are governed by the Privacy Policy of the Third Party Service that provides the feature.
Collection, Storage, and Use in the United States
Our website and mobile app services are operated from within the United States, and by submitting your Personal Information to us, either through our websites, mobile apps, or by other means, you consent to the transfer, collection, usage, storage, and processing of your Personal Information in the United States as outlined in this Policy.
Please note that your Personal Information may be used by us in the country where it was collected, as well as in the United States, where laws regarding the use of Personal Information may be less strict than the laws in your country.
How We Protect Information
We maintain administrative, technical and physical safeguards designed to protect personal information we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Content Submitted by You
Some features of the Services allow you to post content on our website, app or social media pages, such as photos. Content that you provide may be shared publicly or with other users or third parties.
Data Retention
We retain personal data for as long as is necessary for the processing purpose(s) for which the data was collected, and any other permissible, related purpose. When we no longer need the personal information we collect, we either anonymize the information or securely destroy the information.
Persons Under Ages 21
You must be twenty-one (21) years or older to access our websites and mobile apps. If you are under 21, you are not permitted to access our websites or mobile apps for any reason. We do not knowingly collect or allow the collection of Personal Information from persons under 21.
If you believe we have inadvertently collected information about a person under 21, please contact us, and we will attempt to delete the information: Attn: Guest Services 777 San Manuel Boulevard, Highland, CA 92346 or via email: Click here.
Changes to Our Privacy Policy
We may update our Privacy Policy periodically. If we do make changes, we will post those changes on this page and indicate at the top of this page the date this Privacy Policy was last revised. Any changes will be effective only after the effective date of the change.
Your Privacy Rights under Tribal Law
If you opt to exercise your privacy rights, we are required to verify your identity in order to prevent unauthorized access of your data. This may require us to ask you certain questions to confirm your identity or require you to provide state-issued identification. Requests to exercise these rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law. Where required by applicable law, we will notify you if we reject your request and notify you of the reasons we are unable to honor your request.
Right to Know and Access Information: You may access information we maintain about you using the methods provided below. If we grant your request, we will provide you with a copy of the personal information we maintain about you in the ordinary course of business. This may include what personal information we collect, use, or disclose about you. We may not fulfill some or all of your request for access as permitted by applicable law.
Deletion of Information: You may request that we delete your personal information. Depending on the scope of your request, we may refrain from granting your request, as permitted by applicable law. For example, we may be legally required to retain your information in our business records. You may submit a deletion request using the methods provided below.
Opt-out of “Sale” and Certain Sharing Practices: You have a right to opt-out of certain data sharing practices with third parties who do not act as our service providers. This is limited to information we “sell” to these third parties. “Sell” in this case does not mean providing data in exchange for money—we don’t do that. “Sell” instead means the disclosure of data, including technical device data that doesn’t identify you directly, when a third party might use that data for its own purposes, such as for personalized advertising. In order for you or your authorized agent to exercise this right, please visit our “Do Not Sell My Personal Information” page.
No Opt-In for Minors: Minors are not permitted to use our Services.
Non-Discrimination: We will not discriminate against you, in terms of price or Services that we offer, if you submit one of the requests listed above.
Authorized Agent:
You may use an authorized agent on your behalf to exercise a privacy right discussed above. If you are an authorized agent acting on behalf of a consumer to communicate with us or to exercise a privacy right discussed above, you must be able to demonstrate that you have the requisite authorization to act on behalf of the resident and have sufficient access to their laptop, desktop, or mobile device to exercise these rights digitally. If you are an authorized agent trying to exercise rights on behalf of Yaamava Resort & Casino at San Manuel user, please contact us at the contact information below with supporting verification information, which includes, at a minimum, a valid Power of Attorney in the state in which you reside, proof that you have access to the consumer’s interface, and proof of your own identify.
To Exercise Rights (other than Opt Out of Sale).
To exercise the rights described above, please go here or contact us using the information below. Should you have any questions or concerns regarding your privacy rights or this Privacy Policy, you may contact us using the contact information below.
Yaamava Resort & Casino at San Manuel, 777 San Manuel Boulevard, Highland, CA. 92346
Toll Free Number 800.564.6245
California Shine the Light:
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer data which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like information identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and the contact information for such affiliates and/or third parties, please submit a written request to us using the contact details below.
Contact Us
If you have any questions, requests or complaints regarding this Privacy Policy or about how we process your personal information, please contact us using the contact details below.
Mailing Address:
777 San Manuel Boulevard
Highland, CA 92346
Phone:
800.564.6245
Email: Click here
CCPA PRIVACY RIGHTS (DO NOT SELL MY PERSONAL INFORMATION)
Under the CCPA, among other rights, California consumers have the right to:
- Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
- Request that a business deletes any personal data about the consumer that a business has collected.
- Request that a business that sells a consumer's personal data, not sell the consumer's personal data.
- If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
GDPR DATA PROTECTION RIGHTS
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
- The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
- The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
- The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
- The right to restrict processing – You have the right to request that we restrict the processing of your personal data under certain conditions.
- The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
- The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
- If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
- For games that GAN makes available on the Facebook platform, where Facebook requests GAN to delete any information, data, or other content obtained from Facebook, GAN will do so.
- You can exercise your rights, including your right to have personal
- GAN may ask you to verify your identity before GAN responds to such requests.
- Please note that under the CCPA, GAN is not required to delete information that is necessary to perform certain actions as outlined in the CCPA (e.g. to complete a transaction for which the information was collected or to provide the goods or services requested by you).