Version 1.0
Last Updated: March 11, 2026
2. INTRODUCTION
These Terms of Service (“Agreement”) is an agreement between you (“you” or “user”) and Tvshka Digital, LLC (with respect to BetChoctaw) and Tvshka Holdings LLC (collectively, “BetChoctaw”). This Agreement governs our operation and offering of, and your access to and use of, Tvshka Digital’s online iGaming platform, whether accessed via computer or mobile device at betchoctaw.com or via a mobile application or any other technology (collectively, the “Services”). BetChoctaw is an online betting and gaming platform offering casino-style games.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES, AS IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.
BY CHECKING OR CLICKING THE “I ACCEPT THESE TERMS” BOX OR BUTTON, OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT CHECK OR CLICK THE “I ACCEPT THESE TERMS” BOX OR BUTTON, AND YOU MUST NOT USE THE SERVICES.
If you violate the terms of this agreement, BetChoctaw reserves the right to deny you access to the Services, together with any and all other legal remedies available at law or in equity, including actions taken in reliance or information you provided under penalty of perjury.
BetChoctaw may, in our sole discretion, modify this Agreement with notice at any time. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By selecting the ‘Accept’ button on your screen after this Agreement has been modified, you are agreeing to such modifications. You may obtain a copy of these terms and our privacy policy at any time by emailing Player Support at [email protected].
2. ELIGIBILITY & LEGAL USE
2.1. MINIMUM AGE REQUIREMENT
By using the Services, you represent and warrant that you are at least eighteen (18) years of age (the “Legal Age”) and that all information you provide in connection with your registration and use of the Services is true, complete, and accurate. You consent to the verification of your age, identity, and physical location at any time.
2.2. JURISDITIONAL RESTRICATIONS
BetChoctaw is authorized to offer casino-style games within the Choctaw Nation of Oklahoma Reservation where online betting and gaming services are lawfully permitted.
There are federal prohibitions and restrictions regarding interactive gaming, specifically, any limitations upon interactive gaming set forth in 18 U.S.C.A §§ 1084 et seq. (The Wire Act) and the Unlawful Internet Gambling Enforcement Act of 2006 (31 U.S.C.A §§ 5161-5367). We and/or our third-party service providers utilize tracking technologies to verify and record your physical location while you are accessing the Services (“Geolocation Technologies”), subject to our Privacy Policy.
2.3. LEGAL COMPLAINCE BY PLAYER
You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account credentials and that you are strictly prohibited from permitting any other person to access your account or engage in the Services on your behalf.
You further represent and warrant that you do not hold, and are not subject to, any license, permit, registration, employment restriction, contractual obligation, or other authorization that would prohibit or restrict your participation in the Services, and that you are not otherwise prohibited by law or subject to any conflict of interest in engaging in the Services through the website or application.
Additionally, employees of Tvshka Digital, LLC (with respect to BetChoctaw), together with their respective household members, third-party service providers, and affiliated entities (collectively, “BetChoctaw”), are strictly prohibited from participating in casino-style games, including any promotions offered through the Services.
2.4. VERIFICATION RIGHTS
BetChoctaw reserves the right, at any time and in its sole discretion, to verify your identity, age, physical location, and eligibility to use the Services. Such verification may include, without limitation, the collection and verification of personal information, submission of government-issued identification, geolocation checks, and validation through third-party verification service providers.
3. ACCOUNT REGISTRATION
3.1. ACCOUNT CREATION
When registering for an account, you may be required to provide certain personal information, including your legal name, email address, physical address, date of birth, and, where permitted by applicable law, your Social Security number or Individual Taxpayer Identification Number (ITIN), as well as any additional information necessary to verify your identity, age, location, and eligibility to participate in the Services.
3.2. ACCURACY OF INFORMATION
You represent and warrant that all information provided by you in connection with the creation, maintenance, and use of your account, including personal, identification, and eligibility information, is true, complete, and accurate at all times. You agree to promptly update your account information to ensure continued accuracy.
BetChoctaw reserves the right, in its sole discretion, to verify the accuracy of any information you provide and to suspend, restrict, or close your account, with or without notice, if any information is determined to be false, misleading, incomplete, outdated, or if multiple accounts are identified.
In the event of account suspension, restriction, or termination resulting from inaccurate or misleading information, BetChoctaw may, to the fullest extent permitted by applicable law, cancel or forfeit any associated rewards, points, bonuses, or promotional benefits, and BetChoctaw shall not be responsible for any unredeemed points or benefits lost as a result of such action.
3.3. ONE ACCOUNT PER PLAYER
Use of the Services requires the submission of a complete and verified account registration. Accounts are issued for individual use only and, further, each individual may only maintain one (1) account with only one corresponding (1) username for the Services.
3.4. ACCOUNT SECURITY & CREDENTIALS
You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account. You may not permit any other person to access or use your account.
You agree to promptly notify BetChoctaw of any suspected unauthorized access or compromise of your account. BetChoctaw may suspend or restrict your account if it believes your credentials have been compromised.
To the fullest extent permitted by applicable law, BetChoctaw is not responsible for losses resulting from your failure to safeguard your account credentials.
3.5. ACCOUNT RESPONSBILITY
You are solely responsible for all activity conducted through your account and for ensuring that your use of the Services complies with this Agreement. You may not allow any other person to access or use your account.
4. IDENTITY VERIFCATION (KYC)
4.1. VERIFICATION REQUIREMENTS
To comply with applicable laws and regulations, BetChoctaw may require verification of your identity, age, location, and eligibility to use the Services at any time. Verification may include submission of government-issued identification, personal information, geolocation data, and validation through third-party verification providers.
You consent to this verification process and acknowledge that failure to complete verification, or providing false, incomplete, or misleading information, may result in suspension or termination of your account, restriction of access to the Services, withholding of withdrawals (including winnings), or forfeiture of promotional benefits, to the fullest extent permitted by law.
4.2. ONGOING VERIFICATION
BetChoctaw may conduct ongoing or periodic verification of your identity, age, location, and eligibility. All information provided for verification purposes is submitted under penalty of perjury to the fullest extent permitted by applicable law. Withdrawals may be delayed until verification is successfully completed.
4.3 FAILURE TO VERIFY
If you fail to complete required verification or provide false, inaccurate, or misleading information, BetChoctaw may suspend or restrict your account, withhold or delay withdrawals (including winnings), forfeit promotional benefits, or terminate your account.
4.4 ACCOUNT SUSPENSION PENDING VERIFICATION
BetChoctaw may suspend or restrict your account at any time while verification remains pending or under review. During this time, access to the Services and withdrawals may be limited until verification is successfully completed.
5. RESPONSIBLE GAMING
BetChoctaw proudly offers our players a fun entertainment experience. We encourage all players to enjoy the exciting online gaming platform offering casino-style games while staying within their limits. The Services are intended for entertainment purposes only and may include tools to help you manage your play, such as deposit limits, wagering limits, timeouts, and self-exclusion options. You acknowledge that you are responsible for your gaming activity and are encouraged to seek assistance if gambling is no longer a form of entertainment.
5.1 COMMITMENT TO RESPONSIBLE GAMING
BetChoctaw recognizes that problem gambling is a serious issue affecting millions of adults each year, and we are committed to promoting and supporting responsible gaming behavior on our digital platform through ongoing education and awareness among players.
5.2 PLAYER TOOLS (LIMITS, TIMEOUTS, SELF-EXCLUSION)
BetChoctaw provides responsible gaming tools that allow you to manage your play, including the ability to set deposit limits, wagering limits, loss limits, and session time limits (each as made available through the Services). Such limits may be applied on a [daily / weekly / monthly] basis and may be subject to [cool-off periods / regulatory approval] before modification or removal.
You may also request to be placed on Choctaw Casinos & Resorts self-exclusion list by contacting 580-924-8112 or by visiting Choctaw Casino & Resorts in person and completing the paperwork required Self-Exclusion Form to be placed on Choctaw Casinos & Resorts self-exclusion list during which you will not be permitted to access or use the Services.
You acknowledge that certain limits, timeouts, and self-exclusion selections will not be reversible during the selected period and that wagering, deposits, and withdrawals may be restricted while such controls are in effect.
5.3 PROBLEM GAMBLING RESOURCES
If you think you have a gambling problem, please call 1-800-522-4700 or visit www.ncpgambling.org. BetChoctaw is regulated by the Choctaw Nation Gaming Commission.
5.4 OPERATOR INTERVENTION
BetChoctaw reserves the right to monitor player activity and, where appropriate, take reasonable operational measures to promote responsible gaming and compliance with applicable laws and regulations. Such measures may include contacting you, imposing limits, restricting or suspending account activity, or requiring additional verification.
6. PAYMENTS, DEPOSITS & WITHDRAWLS
6.1. ACCEPTED PAYMENT METHODS
BetChoctaw accepts certain payment methods for deposits and withdrawals, as made available through Services. Accepted payment methods may include, without limitation, debit cards, ACH, online wallet providers, and any other payment methods approved by BetChoctaw.
Payment method availability may vary based on player eligibility, verification status, and regulatory requirements. BetChoctaw reserves the right to add, remove, or restrict payment methods at any time. Additional terms, processing times, limits, and fees applicable to specific payment methods may apply and will be disclosed through the Services.
6.2. DEPOSIT LIMITS
BetChoctaw may impose limits on the amount you may deposit into your account. Deposit limits may be established on a daily, weekly, and monthly basis and may vary based on jurisdiction, payment method, verification status, or regulatory requirements.
You will be permitted to set or modify your own deposit limits through the Services, subject to cool-off periods, verification requirements, and applicable regulatory restrictions. BetChoctaw reserves the right to enforce mandatory deposit limits or adjust applicable limits as required by law or regulations.
6.3 PAYMENT PROCESSING
All deposits and withdrawals are subject to processing by BetChoctaw and its third-party payment service providers. Processing times may vary based on payment method, verification status, regulatory requirements, and risk or fraud review. BetChoctaw does not guarantee processing within any specific timeframe and reserves the right to delay, suspend, or decline transactions as permitted by applicable law.
6.4 CURRENCY HANDLING
All transactions through the Services shall be conducted in U.S. Dollars (USD). If a transaction involves a currency conversion, the applicable exchange rate and any related fees shall be determined by the payment provider / card issuer / financial institution, and BetChoctaw shall not be responsible for any differences resulting from currency conversion.
6.5 CHARGEBACKS, REVERSALS, UNCOLLECTIBLE DEPOSITS
If any deposit is a chargeback, reversed, or otherwise deemed uncollectible for any reason, BetChoctaw reserves the right to invalidate, forfeit, and/or deduct from your account balance any winnings, wagers, bonuses, or promotional benefits generated from play funded by such deposit, from the time the deposit was made until it is reversed or determined to be uncollectible. The amount of the failed or reversed deposit may also be deducted from your account balance.
If your account balance is insufficient to satisfy amounts owed as a result of a chargeback, reversal, or uncollectible deposit, you acknowledge and agree that you remain responsible for such amounts. BetChoctaw may take reasonable steps permitted by applicable law to recover amounts owed.
BetChoctaw reserves the right to suspend, restrict, or close any account associated with a chargeback, reversed, or uncollectible deposit. Nothing in this section limits BetChoctaw rights or remedies available under applicable law.
6.6 WITHDRAWLS & PAYMENTS
BetChoctaw will make reasonable efforts to review and authorize withdrawal requests within forty-eight (48) hours of receipt. Payments will be made generally as soon as reasonably possible, which may require three (3) to five (5) business days’ internal processing time unless being withheld pursuant to a dispute or any reporting obligations that we may have to the Regulator or any relevant law enforcement.
If, at the time of a withdrawal request, you have any deposits that are pending receipt of confirmation of funds depending on the deposit method used, we reserve the right in our sole discretion to delay any withdrawal payment until such deposited funds have been confirmed by your financial institution or verified through third-party services.
BetChoctaw may temporarily withhold deposits or withdrawals to verify source of funds, comply with regulatory reporting obligations, or investigate potential fraud or suspicious activity.
6.7 ACCOUNT STATEMENTS
You may request an account statement detailing deposits, withdrawals, wagering activity, and balances by contacting BetChoctaw Customer Support at [email protected] or through available in-app support tools.
7 BONUSES & PROMOTIONS
7.1 GENERAL
BetChoctaw may offer bonuses, bonus funds, bonus bets, promotions, competitions, sweepstakes, loyalty programs, contests, raffles, surveys, or other promotional offers (collectively, “Promotions”) from time to time. Promotions may be offered to you directly, made available through the Services, or automatically applied based on eligibility.
All Promotions are governed by these Terms, the Standard Promotional Terms and Conditions, and any Specific Promotional Terms and Conditions applicable to a particular Promotion (collectively, “Promotional Terms”). In the event of a conflict, the Specific Promotional Terms shall control.
7.2 ACCEPTANCE AND COMPLAINCE
By participating in any Promotion, you agree to comply with all applicable Promotional Terms. BetChoctaw’s decisions regarding Promotions, including eligibility, fulfillment, and outcomes, are final and binding to the fullest extent permitted by applicable law.
Failure to comply with these Terms or any applicable Promotional Terms will render the Promotion, bonus, entry, or prize void.
7.3 NON-TRANSFERABILITY
Bonuses, Promotions, entries, prizes, and promotional credits are non-transferable and may not be shared, sold, or assigned between accounts.
7.4 ACCOUNT CLOSURE
Closure, suspension, or termination of your account for any reason may render any active or pending Promotions, bonuses, entries, or prizes void.
7.5 DISCRESTION AND MODIFICATION
The offer availability and eligibility of promotions are at the sole discretion of BetChoctaw. BetChoctaw may withhold, modify, suspend, restrict, or cancel any promotions at any time, with or without notice to the fullest extent permitted by applicable law. Viewing or accessing Promotions does not guarantee eligibility.
7.6 ADDITIONAL OR TARGETED PROMOTIONS
BetChoctaw may, in its sole discretion, provide targeted or additional Promotions, bonuses, or complimentary credits to specific players. The issuance of any such Promotion does not create an obligation to offer similar Promotions to other players.
7.7 EXPIRATION AND LIMITS
Unless otherwise stated in the applicable Promotional Terms, Promotions shall expire and are generally limited to one (1) per account. Promotions may be subject to additional limitations, including time restrictions, wagering requirements, or eligibility criteria.
7.8 SWEEPSTAKES
Sweepstakes and similar Promotions are void where prohibited by applicable law.
7.9 PUBLICITY
BetChoctaw will not use your name, likeness, or identifying information for promotional or publicity purposes without your consent, except as permitted by applicable law.
7.10 ABUSE AND PROHIBITED CONDUCT
If BetChoctaw reasonably determines that a player has abused, attempted to abuse, or acted in bad faith with respect to any Promotion, BetChoctaw may, in its sole discretion, deny, withhold, revoke, or recover any Promotion, bonus, prize, or winnings; restrict or suspend access to the Services; or close the player’s account.
Examples of abusive conduct include, without limitation:
- Opening or using multiple accounts
- Closing and reopening accounts to obtain Promotions
- Irregular or minimal-risk wagering intended to exploit a Promotion
- Any activity that circumvents or undermines the intent of a Promotion
7.11 REGULATORY COMPLIANCE
Promotions are offered subject to applicable tribal, state, and federal laws and regulations. BetChoctaw reserves the right to take any action necessary to comply with regulatory requirements.
8. USER CONTENT
8.1
Where applicable through the public-facing features of the Services (e.g., on a message board, profile page, through refer-a-friend/share win features, via chat functionality, via email or other correspondence to us, by creation of a screen name, etc.), you may be able to post your own content or information (“User Content”). You understand that all User Content, whether publicly posted on a forum, posted as part of your public profile or elsewhere, or transmitted to us for posting, is your sole responsibility. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, etc.), do not use such information as part of your screen name or profile page, post it or submit it for posting to public-facing portions of the Services. To the fullest extent permitted by law, BetChoctaw will not be liable for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Services.
8.2
By posting any User Content through the Services, you hereby grant BetChoctaw a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit, and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. You represent and warrant that you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth herein, and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Services.
8.3
You acknowledge and agree that BetChoctaw may, without further notice to you, preserve User Content and may also, disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of BetChoctaw, its users, or the public.
9. GAMES & BETTING RULES
9.1 PLACEMENT & ACCEPTANCE
All wagers must be placed through the Services. Wagers are valid only once accepted and confirmed by BetChoctaw.
9.2 GAMES RULES
You are responsible for understanding the rules applicable to each wager or game. All game rules are incorporated by reference.
9.3 VOIDED OR UNRESOLVED WAGERS
BetChoctaw may void wagers that cannot be settled due to errors, interruptions, or incomplete events. Voided wagers will result in the return of the stake.
9.4 PROHIBITED PLAY
Use of bots, scripts, automation, AI-assisted play, or manipulation of gameplay is strictly prohibited.
10. FAIR PLAY & PROHIBITED CONDUCT
You may not engage in cheating, collusion, fraud, multiple account use, exploitation of errors, or abusive behavior. BetChoctaw may investigate suspected violations and take enforcement action, including but not limited to, voiding wagers, withholding winnings, suspending accounts, or reporting activity to authorities.
11. PRIVACY & DATA PROTECTION
Personal information is collected and processed in accordance with the Privacy Policy, including for verification, payments, compliance, and responsible gaming.
12. COMMUNICATIONS
You consent to receive transactional communications. Promotional communications are subject to opt-in preferences and may be opted out of at any time, except where required for service or legal compliance. Once you opt out of promotional communications, you will not be required to opt out again unless you subsequently opt back in.
13. ACCOUNT SUSPENSION & TERMINATION
13.1 INDEMNIFICATION
You agree to indemnify and hold harmless BetChoctaw from claims arising from your breach of these Terms, misuse of the Services, or violation of law.
14. THIRD-PARTY SERVICES
BetChoctaw may rely on third-party providers for payments, verification, geolocation, and gaming content and is not responsible for third-party delays or failures.
15. COMPLAINTS & DISPUTE RESOLUTION
Complaints should be submitted to Customer Support at [email protected]. BetChoctaw will review complaints in good faith and escalate where required.
16. GOVERNING LAW & JURISDITICTION
These Terms are governed by the laws of the Choctaw Nation of Oklahoma, applicable federal law, applicable state law, and applicable gaming regulations.
17. CHANGES TO TERMS
BetChoctaw may update these Terms at any time. Continued use constitutes acceptance of updated Terms.
18. SEVERABILITY
If any provision is unenforceable, the remaining provisions will remain in effect.
19. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and BetChoctaw regarding the Services.
20. INTELLECTUAL PROPERTY
All the trademarks, service marks, trade names, copyrights, graphics, audio, songs, logos and other intellectual property used on or appearing through the Services belongs to us or our licensors. You acknowledge that by using the Services, including through the downloading of any software, you obtain no rights (and shall not claim any rights) in any content of the Services, any downloaded software, or any part thereof, other than the license to use the same as provided for in these terms. Under no circumstances may you use any content of the Services without our prior written consent. You further agree to not use the Services in any unlawful manner, for any unlawful purpose, or in any way that is inconsistent with this Section or these terms.
We grant you a personal, non-exclusive, non-transferable, and non-assignable limited right to use the Services, including any software that you download (such as our mobile application) rather than access through a web browser, for their intended purposes, conditioned upon your continuing strict compliance with all of these terms. Except for the rights expressly granted hereunder, no rights, licenses, or permissions are granted or may arise in relation to the Services, whether expressly, by implication, estoppel, or otherwise. All rights, including all intellectual property rights, that are not expressly granted under this Section are hereby reserved by us.
You represent, warrant, and covenant that you will not: (i) reverse engineer, disassemble, decompile, circumvent, translate, modify, obscure, or develop derivative works based on the Services or any of its subprograms, components, or modules; (ii) merge any part of the Services into another program; (iii) make any attempt to discover the source code of the Services; (iv) place the Services onto a server so that it is accessible via a public network such as the Internet; (v) sublicense, rent, lease, or lend any portion of the Services or its associated documentation to any third party; and/or (vi) remove or fail to reproduce any and all BetChoctaw copyright or other notices that are included in the Services in the same form as they appear therein.
Your right to use the Services remains effective until termination of your account or upon notice by us for any reason. Upon termination of your right to use, you must cease all use of the Services and delete all copies of the associated software in your possession.
21. COPYRIGHT POLICY
We respect the intellectual property rights of others and require that Service users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to BetChoctaw Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- A physical signature of the person authorized to act on behalf of the owner of the copyright.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Services.
- Your address, telephone number and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent:
ATTN: Commerce Legal Department
Tvshka Digital, LLC
1802 Chukka Hina Drive
Durant, Oklahoma 74701
DISCLAIMER; LIABILITY LIMITATIONS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, BETCHOCTAW AND ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND OTHER REPRESENTATIVES, AND THE BETCHOCTAW’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “THE BETCHOCTAW AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE BETCHOCTAW AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY MARKETING OF THE SERVICES; (III) FOR ANY DEFECTIVE FEATURE, FUNCTION, OR COMPONENT OF THE SERVICES; (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (VII) FOR ANY OUTAGE, CYBERSECURITY INCIDENT OR DATA SECURITY INCIDENT; OR (VIII) FOR ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, DAMAGE TO OR LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES US OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TVSHKA DIGITAL, LLC d/b/a BetChoctaw AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF TVSHKA DIGITAL, LLC d/b/a BetChoctaw AND ITS AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF ANY DEPOSITS AND WINNINGS RESULTING FROM WAGERS ON YOUR ACCOUNT (TO THE EXTENT YOU OTHERWISE REMAIN ENTITLED TO SUCH DEPOSITS AND WINNINGS UNDER THESE TERMS) REMAINING IN YOUR ACCOUNT AT THE TIME OF YOUR CAUSE OF ACTION OR CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU DO NOT HAVE ANY SUCH DEPOSITS OR WINNINGS IN YOUR ACCOUNT AT THE TIME OF SUCH CAUSE OF ACTION OR CLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TVSHKA DIGITAL, LLC d/b/a BetChoctaw IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
MALFUNCTIONS, OUTAGES, CYBERSECURITY INCIDENTS AND DATA SECURITY INCIDENTS VOID ALL PAYS AND PLAYS. IN THE EVENT OF ANY ERRORS, MALFUNCTIONS, VIRUSES OR BUGS, COMMUNICATIONS FAILURE, OR SYSTEMS FAILURE RELATING TO THE SERVICES, AND RESULTING IN LOSS, CORRUPTION, OR MISCALUCATION OF DATA OR WINNINGS OR PROMOTIONS AMOUNTS, TO THE FULLEST EXTENT PERMITTED BY LAW , TVSHKA DIGITAL, LLC d/b/a BetChoctaw AND ITS AFFILIATED PARTIES SHALL NOT IN ANY WAY BE LIABLE TO YOU, AND TVSHKA DIGITAL, LLC d/b/a BetChoctaw SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS IN RELATION THERETO, AND MAY TAKE ANY OTHER ACTION DEEMED NECESSARY BY LLC d/b/a BetChoctaw IN ITS SOLE DISCRETION TO CORRECT SUCH ERRORS. TVSHKA DIGITAL, LLC d/b/a BetChoctaw IS NOT REQUIRED TO PROVIDE ANY BACK-UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES. IF ANY SUCH ERROR OR MISCALCULATION RESULTS IN OVERPAYMENT TO YOU OF WINNINGS RESULTING FROM WAGERS ON YOUR ACCOUNT, YOU SHALL NOT BE ENTITLED TO RECEIVE OR RETAIN SUCH WINNINGS, SHALL IMMEDIATELY INFORM US OF THE ERROR, AND SHALL REPAY ANY SUCH WINNINGS TO US (OR TVSHKA DIGITAL, LLC d/b/a BetChoctaw MAY, IN ITS SOLE DISCRETION, DEDUCT AN AMOUNT EQUAL TO SUCH WINNINGS FROM YOUR ACCOUNT, SET OFF SUCH AMOUNT AGAINST ANY OTHER WINNINGS OWED TO YOU, OR TAKE ANY OTHER ACTION NECESSARY TO COLLECT SUCH WINNINGS AS PERMITTED BY THE ACT, REGULATIONS, AND OTHER APPLICABLE LAWS).
TO THE FULLEST EXTENT PERMITTED BY LAW, TVSHKA DIGITAL, LLC d/b/a BetChoctaw AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, TELECOMMUNICATIONS PROVIDER, OR OTHER THIRD-PARTY YOU HAVE ENGAGED TO GAIN ACCESS TO THE SERVICES.
23. INDEMNITY
To the fullest extent permitted by law, you shall fully indemnify, defend, and hold TVSHKA DIGITAL, LLC d/b/a BetChoctaw and its Affiliated Parties harmless from and against all claims, demands, liabilities, damages, losses, costs, and expenses that may arise as a result of:
- Any breach of this Agreement by you.
- Any violation by you of any law or the rights of any third party.
- Any use of the Services by you or by any other person accessing the Services using your account or any of your personal information, whether or not with your knowledge, consent, or permission; or
- Your obligations with respect to overpayment of winnings
24. PLAYER SUPPORT SERVICES
The Player Support Services Team (“Player Support”) is available any time, as set forth below for questions or assistance. Telephone conversations, chats, and emails may be recorded and/or monitored for quality assurances and training purposes.
EMAIL: [email protected]
BY MAIL TO:
Attn: Player Support
TVSHKA DIGITAL, LLC d/b/a BetChoctaw
1802 Chukka Hina Drive
Durant, Oklahoma 74701
25. COMPLAINTS
Any complaints involving the use of Services, requires the submission of an initial complaint to Player Support, describing with reasonable specificity those facts in support of your claim, along with any requests for relief or other information necessary to allow for evaluation of said complaint. BetChoctaw will endeavor to respond to each and every complaint within five (5) business days.
If you are not satisfied with the way that your complaint was handled by Player Support, our management may intervene to resolve any outstanding grievance. You agree to follow and exhaust any grievance / dispute resolution policy we may put in place from time to time.
26. APPLICABLE LAW; JURISDICTION; VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, tribal, state, and federal laws as they are applied to agreements entered into and to be performed entirely within such locale, without regard to conflict of law principles. You expressly consent to the jurisdiction of the state and federal courts in Oklahoma to resolve any disputes arising out of the Services. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of BetChoctaw and its Affiliates, as defined therein, and each of these entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
27. DISPUTE RESOLUTION AND CLASS ACTION WAIVER
IMPORTANT: THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. PLEASE REVIEW IT CAREFULLY.
Dispute Resolution Notice. You and TVSHKA DIGITAL, LLC d/b/a BetChoctaw agree that if there is any dispute or claim arising from or related to the Services (except for the Exempt Claims, as defined below), this Agreement, and/or the Privacy Policy, the aggrieved party will provide written notice of the dispute (“Notice”) to the other party and attempt to resolve the dispute or claim directly through consultation and good faith negotiations for a period of not less than thirty (30) days from the date the Notice is sent. Notice should be sent to:
EMAIL: [email protected]
BY MAIL TO:
ATTN: Commerce Legal Department
Tvshka Digital, LLC d/b/a BetChoctaw
1802 Chukka Hina Drive
Durant, Oklahoma 74701
This Notice must include a description of facts in support of your claim, along with any requests for relief or other information necessary to allow for evaluation of said complaint.
CLASS ACTION WAIVER: You and TVSHKA DIGITAL, LLC d/b/a BetChoctaw agree that any non-binding dispute resolution or litigation shall be conducted by the parties in their individual capacities only and not as a class action or other representative action. YOU AND TVSHKA DIGITAL, LLC d/b/a BetChoctaw AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. If for any reason a claim proceeds in court rather than in any non-binding dispute resolution, TVSHKA DIGITAL, LLC d/b/a BetChoctaw, and user each waive any right to a jury trial.
EXEMPT CLAIMS: You and BetChoctaw agree that the following claims are not required to be submitted to non-binding mediation subject to the following conditions:
(1) The parties agree that either party may bring suit in a court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights. The parties further agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy in accordance with Applicable Law.
Claims and Disputes Must be Filed Within One (1) Year. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, service, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
28. MISCELLANEOUS
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
This Agreement, including the Privacy Policy, game rules, and Promotion rules incorporated herein, constitute the entire and only Agreement between BetChoctaw and each user of the Services with respect to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous Agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement.
The failure of BetChoctaw, to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term or limit BetChoctaw’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
29. HOW TO CONTACT US
If you have any comments or questions regarding this Agreement or the Services, or wish to report any violation of this Agreement, please contact us at the following:
Email us: [email protected]
BY MAIL TO:
TVSHKA DIGITAL, LLC d/b/a BetChoctaw
Attn: Player Support
1802 Chukka Hina Drive
Durant, Oklahoma 74701