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Terms of Use


Welcome. Welcome to the Web site of Wildwood Casino (“Wildwood”). As is true for many other Web sites, this Web site has rules that apply to your use of this site and to any services available through this site. Those rules, referred to as “terms of use,” are set forth in this Terms of Use Agreement. You must evidence your acceptance of these terms of use by clicking on the “I accept” button at the bottom of the page. If you do not accept the terms of use, indicate by clicking the “I do not accept” button at the bottom of the page; you will then be returned to the home page. By accepting the terms of use, you are agreeing to comply with and be bound by the following terms of use. Please review them carefully.

Hours of Operation. This site is normally available 24 hours a day, seven days a week. Due to system maintenance requirements, availability of the site may be impacted on Wildwood’s periodic maintenance schedule. If the hours of availability change, Wildwood will notify its members.

Cookies. The Web site’s service application uses session and persistent cookies to authenticate and facilitate user logins. These cookies collect the user’s name, email, and phone number which allow access to our online databases without requiring the re-entry of any login data. Furthermore, these cookies have a life span of 30 days. If you do not wish for this file to be stored on your hard drive you may disable the use of cookies from your browser. This feature is usually found in the Security or Preference settings of your browser.

Breach of Computer Security. This site has security measures in place to protect the loss, misuse and alteration of the information/data under our control. Unauthorized use of this Web site or conduct amounting to a breach of computer security as provided by Colorado Revised Statues may result in civil or criminal proceedings. By accepting the terms of this agreement, the user agrees to indemnify Wildwood for any loss caused by conduct of the user that amounts to a breach of computer security.

Right to Change the Site. Wildwood may discontinue, edit, delete or change any aspect of the site, including, but not limited to: (i) restricting availability times, (ii) restricting compatibility with certain computer software or hardware, (iii) restricting amounts of use permitted, and (iv) restricting, suspending or terminating any user’s right to use the site, at Wildwood’s sole discretion and without prior notice or liability.

Entire Agreement. You agree that this Terms of Use Agreement (“Agreement”) constitutes the entire agreement between you and Wildwood with respect to your use of the site, and supersedes all previous and contemporaneous agreements, representations, warranties and understandings, written or oral, between Wildwood and you with respect to the site.

Trademarks. The name Wildwood Casino and the logo and other names for Wildwood products and services are trademarks/service marks of Wildwood. Other product and company names mentioned on the site may be trademarks/service marks of their respective owners.

Copyrights and Public Information. The content organization, graphics, design, computer code, compilation, and other materials on or related to the site are protected under applicable copyright, trademark and other proprietary and intellectual property rights of their respective owners. The data that is published on or collected via our Web site is public information. There is no restriction placed on the use of such data by Wildwood, although certain information and names contained in the data may be owned by third parties and protected under applicable copyright, trademark and other proprietary and intellectual property rights of those third parties. You do not acquire ownership rights to any content, document or other materials viewed through the site or obtained from the site.

Limited Right to Use. Except as may otherwise be allowed by law, the viewing, printing or downloading of any content, graphic, form, or document from the site grants you only a limited, nonexclusive license for use solely by you for your own personal use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (not for resale or redistribution). You must keep intact all copyright and other proprietary notices. Wildwood may revoke this license at any time.

Prohibited Behavior. You are prohibited from using the site in any way to do any of the following: a) restrict or inhibit any other user from using and enjoying the site; b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; c) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, robots, worms or trojan horses; d) upload, post, e-mail, or otherwise transmit, or post links to any content that facilitates hacking; e) access another person’s or entity’s, account information or briefcase files without the permission of that person or entity; f) post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right without first obtaining permission from the owner or right holder; g) upload, post or otherwise transmit any information, software or other material that contains a virus, worm, time bomb, trap door, or any other harmful component that is designed to interrupt, destroy, impair or limit the functionality, or interfere in the performance of the products and services of Wildwood; h) post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking; i) post, transmit, or in any way exploit any information, software, or other material for advertising or commercial purposes; j) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; k) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity including, but not limited to a Wildwood officer or employee; l) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any proprietary software deployed in connection with Wildwood products and services; m) use the site to collect personally identifying information about users of the site in violation of Wildwood’s Privacy Policy; or n) perform any activities that Wildwood determines (in its sole discretion) may be harmful to Wildwood, the site, or other users of the site.

No Unlawful Purposes. You agree that you will not use the site or any information or services related thereto for any unlawful purpose. Wildwood, at its sole and absolute discretion, shall determine whether any use violates this provision.

Monitoring. You understand that Wildwood has no obligation to monitor the site. However, Wildwood reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Wildwood’s sole and absolute discretion are objectionable or in violation of this Agreement. You acknowledge that Wildwood reserves the right to, and may from time to time, monitor any and all information transmitted or received through the site, for operational and other purposes, subject to Wildwood’s Privacy Policy. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with Wildwood’s Privacy Policy. Use of the site constitutes consent to such monitoring.

Submissions. Wildwood is pleased to hear from users and welcomes your comments regarding Wildwood’s programs and services. If you submit any original creative ideas, suggestions, notes, concepts, or materials to Wildwood (“Submissions”), they shall be deemed, and shall remain, the property of Wildwood, and shall otherwise be subject to the provisions of Sections 8 or 9 above. None of the Submissions shall be subject to any obligation of confidence on the part of Wildwood, and Wildwood shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Wildwood shall exclusively own all now known or hereafter existing worldwide rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Third Party Sites. Wildwood has provided links and pointers to Internet sites maintained by third parties (“Third Party Sites”) and may from time to time provide third party items or materials on this site. Any mention on this site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Wildwood. Wildwood assumes no responsibility for those products or services. Your dealings with any third parties mentioned on or found through this site are solely between you and such third party, and are subject to any terms, conditions, warranties, or representations associated with such dealings. You agree that use of Third Party Sites is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY Wildwood, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS Wildwood LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER SITE LINKED TO THE SITE.

Indemnification. You agree to defend, indemnify and hold harmless Wildwood, its affiliates and their respective, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or related to (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent, or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the site; (c) any violation by you of this Agreement; and (d) any claims brought by other persons or entities arising from or related to your use of the site, including information obtained through the site.

Minors. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use the site, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the site; and (c) the consequences of any use of the site by such Minor.

Infringement Policy. Wildwood respects the intellectual property of others, and asks you to do the same. Wildwood reserves the right, but not the obligation, to terminate your use of the site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.

Miscellaneous. This Agreement shall be treated as though it were executed and performed in Colorado Springs, El Paso County, Colorado and shall be governed by and construed in accordance with the laws of the State of Colorado (without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Colorado Springs, El Paso County, Colorado. You expressly submit to the exclusive jurisdiction and venue of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Wildwood’s delay or failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
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All Rights Reserved.
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