Terms of Use for
Standard Rate Programs
Last
Updated: March 2010
Hello, and welcome to
the Wildwood Mobile Service ("the Service"), owned and operated by
Wildwood Casino at Cripple Creek. ("Company"). Wildwood reserves the right
to change the Terms of Use. The most current version will be accessible through
www.pocketstop.com/terms/clients/wildwood.asp.
By texting in and
receiving a promotion through, using or signing up for the Service, including
receiving promotions through our partners, you are agreeing to sign up for the
Service, these Terms of Use and to receiving promotions from our partners on
your mobile phone, email, or other means. In addition to signing up and
agreeing via your cell phone, you may also sign up and agree to these terms
through our website or through one of our applications. By default, up to 6
text messages will be sent to you per month.
Fees
Wildwood does not charge
you to participate in this Service. However, standard messaging charges may
apply from your wireless carrier. Data charges may also apply if you click on links
/ URLs embedded in text messages. Please
consult your wireless carrier for applicable text messaging fees and data plan
rates. Under no circumstances will Wildwood be responsible for fees that your wireless
carrier or other third parties may charge you for use of the Service.
Privacy
Wildwood respects and
protects your privacy. Please see our Privacy Policy for more information http://www.playwildwood.com.
Limitations
on Use
You must be at least 21
years old to register for and use the Service.
Supported
Carriers
The following list of
carriers is supported by Company’s Service: AT&T, Verizon, T-Mobile, Sprint,
Nextel,
Support
Issues, Canceling or Unsubscribing
To opt out
from our text message service, send a text message with the word “STOP”,
“END”, “QUIT”, “CANCEL” or “UNSUBSCRIBE” to 678678 from your
mobile phone and we will unsubscribe you from our text message service. You will
not receive any additional text messages until you re-register on our website or
via your mobile phone. Alternatively, you can send an email to support@pocketstop.com
with your mobile phone number as the subject line. For help or other support
issues, you can also text “HELP” to 678678, send an email to support@pocketstop.com
or call the following toll-free number: 877-226-1043.
Ownership;
Trademarks; Modifications to Offers
You agree
that Wildwood or its partners will own all legal right, title and interest in and to the
Services and any offers made through the Services, including any intellectual
property rights. You agree that you shall not alter or modify any offers made
through the Service, and shall not remove, obscure or alter any proprietary
rights notices (including copyright or trademark notices) which max be affixed
to the Services or offers made through the Services. Except as may be expressly
authorized by a partner, you agree that you will not use any trademark, service
mark, trade name, or logo ("Trademarks") of any entity in a way that
is likely to or intended to cause confusion with respect to ownership of a
Trademark, or that is likely to or intended to be detrimental to the goodwill
in such Trademarks.
Third
Party Offers
The
Service provides offers from third party partners. These offers can be redeemed
through the participating partner. Wildwood is not responsible for the content and
redemption policies of these offers. Please contact the appropriate partner if
you have any questions concerning the offer, its presentation, or its
redemption terms.
Termination
Wildwood reserves the right, at
our sole discretion, to terminate your subscription at any time without notice
without future obligation.
Disclaimer
of Warranties
Wildwood makes no warranties, express or implied regarding the Service. The Service
is provided "as is" and on an "as available" basis, and
Wildwood DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Factors beyond the control of Wildwood including without limitation, the speed of the mobile carrier networks and the
Internet, may affect the performance of the service. Wildwood is not
responsible for any acts that are beyond the control of Wildwood including without limitation the acts of third parties.
Limitation
of Liability
Under no
circumstances will Wildwood its officers, directors, employees, or agents be
liable to you for any damages whatsoever with respect to your use of the
Service, including without limitation any direct, indirect, incidental,
consequential, exemplary or special damages even if advised of the possibility
of the same. To the extent that in a particular circumstance any disclaimer or
limitation on damages or liability set forth herein is prohibited by applicable
law, then, instead of the provisions hereof in such particular circumstance, the
Company will be entitled to the maximum disclaimers and/or limitations on
damages and liability available at law or in equity by such applicable law in
such particular circumstance, and notwithstanding the foregoing, in no event
will Wildwood be liable for any damages or liability arising under these terms of use
or your use of the service that exceed US $500.
Indemnity
You agree
to indemnify and hold Wildwood harmless from any claim or demand, and any damages,
costs, or expenses arising in connection with such claim or demand, including
reasonable attorneys' fees and costs, made by any other party due to or arising
out of your breach of this Agreement or the documents it incorporates by
reference, or your violation of any law or the right of another party.
Governing
Law; Venue
This agreement and its
validity, construction and performance will be governed in all respects by the
laws, and in the
State of Colorado, without regard to its choice of law
provisions. You irrevocably agree to accept the exclusive personal jurisdiction
and waive any objections to the venue of such courts.