WEBSITE TERMS & CONDITIONS OF USE

WEBSITE TERMS & CONDITIONS OF USE

Published Date: October 3, 2018.
Effective Date: October 2, 2018.
 

These Terms and Conditions of Use apply to the websites of the Seminole Tribe of Florida doing business as Seminole Gaming, or its affiliates (collectively, “Seminole Gaming”), which include but are not limited to:

(collectively, the “Sites”).

We encourage you to read the Terms and Conditions of Use (the “Agreement”) carefully as it controls your use and access to the Sites, now and in the future.

YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT.  seminole gaming expressly reserves the right to modify this Agreement at any time, without prior notice, by posting an updated version of the Agreement on the Sites. Therefore, you should review the Agreement whenever you use the Sites. Your continued use of these Sites constitutes your consent to the current Agreement posted at the time of your visit.

DO NOT USE SEMINOLE GAMING SITES IF YOU DO NOT AGREE TO THIS AGREEMENT.

1. RIGHT TO CHANGE THIS SITE.

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Sites or any service, content, feature, or product offered through the Sites, with or without notice and/or offer opportunities to some or all users of the Sites, for any reason. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any service, content, feature or product offered through the Sites.

2. NO UNLAWFUL OR PROHIBITED USE.

You may not use the Sites for any unlawful purpose or in violation of any provision of applicable federal, state, and local laws or this Agreement. You may not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Sites, and you may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you are prohibited from using any robot, spider, other automatic device, or manual process to monitor or copy our Sites or the Content contained herein, without the prior written consent from an authorized Seminole Gaming representative.

Transmission, distribution or storage of material or conduct in violation of any applicable local, state, provincial, federal or foreign law or regulation is prohibited. This includes, without limitation, any material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity, or infringes any third party’s intellectual property rights.

If we are notified of allegedly defamatory, damaging, illegal, or offensive content provided by a user, we may investigate the allegation and determine, at our sole discretion, whether to remove or request the removal of such content from the Sites.  Seminole Gaming may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Sites; or (iii) to protect the rights or property of Seminole Gaming, its users or third party service providers.

In the event of any unlawful or offensive use of Content of the Sites, we reserve the right to modify or remove any and all Content, functionality, and links contained on the Sites. If we determine, in our sole and absolute discretion, that you have violated any provision of this Agreement or any applicable law, we may, at any time, terminate, restrict, or modify all or part of your access, times of availability, and required equipment and software for use of the Sites, and take any action in response to such violation.

3. ERRORS, INACCURACIES, AND OMISSIONS.

Occasionally, the Sites may contain inaccuracies or typographical errors regarding product and service descriptions, availability, dates and pricing. We reserve the right to correct or update any errors or omissions and to periodically change any information at our sole and absolute discretion without any prior notice to you.

4. ONLINE ACCESS.

In order to access certain portions of the Sites, you may be required to log in to your account with Seminole Gaming. In doing so, you agree to provide and maintain true, accurate, and complete information about yourself. If you are under 21 years of age, you may not use the Sites, provided, however, that persons 18 years of age and older may use the Sites to enter contests to win a seat at poker tournaments.

The Sites may provide you with the ability to use passwords, usernames, or other codes or devices to gain access to restricted portions of the Sites (“access codes”). We reserve the right to prohibit the use of such access codes on your behalf by third parties if we determine, in our sole and absolute discretion, that such use interferes with our Sites’ operation or results in commercial benefits for other entities to our detriment.

You are solely responsible for all use of the Sites under your account information and for maintaining the confidentiality of your account information. You agree not to hold Seminole Gaming liable for any damages of any kind resulting from your disclosure of your account information to any third party, including, but not limited to, entities that aggregate account information or website content, or persons who are or claim to be acting as your agent, proxy or advisor. If you inform Seminole Gaming or Seminole Gaming has reason to believe that the security of your account may be or has been compromised, we have the right to suspend or terminate your use of the Sites or require that your account information be changed.

You agree to: (i) promptly notify Seminole Gaming of any actual or suspected unauthorized use of the Sites, and (ii) ensure that you exit from your account at the end of each session.

5. AGE POLICY.

 Pursuant to law, persons under the age of 21 are not permitted to gamble at our property or loiter in casino areas. Notwithstanding the foregoing, persons who have obtained age of 18 may participate in class 2 poker and class 2 bingo games at our properties. Seminole Gaming will not grant credit to anyone under the age of 21. Persons younger than 21 years of age are not allowed to accept offers or win contests related to gambling, (except that persons 18 years of age and older may enter contests for poker tournaments), and we do not knowingly collect information from such persons.

The Sites are not intended for use by or directed to any person under the age of 18, including children under the age of 13 (“children”). Any use of the Sites by children or persons under the age of 18 should only be under the direct supervision of that minor’s parent or legal guardian.  We do not knowingly collect information from children or persons under the age of 18 through the Site.  If we obtain actual knowledge that we have inadvertently collected personal information relating to a child or person under the age of 18, we will delete that information from our records.  If you believe we might have any information from or about a child or person under the age of 18, please contact us at dataprotection@shrss.com.

6. CONTENT OF SITES.

Unless otherwise noted, the Sites and all content on the Sites, including all information, data, video, audio, graphics, logos, button icons, software and other materials contained on or that make up the Sites, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Content”), are owned, controlled or licensed by Seminole Gaming

You may access the Content for your personal use only. You may not copy, upload, download, post, transmit, distribute, publish, display, perform, modify, or otherwise create derivative works from any of the Content contained on the Sites, except you may print copies of our Sites for your personal use. Nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license, title or right to the Content of the Sites. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Sites.

Unless otherwise specified, the Site and the Content are intended to promote our products and services available in the United States.  The Site is controlled and operated by the Seminole Tribe of Florida doing business as Seminole Gaming from its offices located at 5701 Stirling Road, Davie, FL 33314.

7. CONTRIBUTED CONTENT.

Except for Personally Identifiable Information that we obtain from you pursuant to our Privacy Policy (https://www.seminolwildcard.com/privacy), any information you provide, including without limitation, any feedback, comments, suggestions and/or ideas you may submit to us (collectively, “Contributed Content”), is hereby deemed NONCONFIDENTIAL and NONPROPRIETARY, shall become the property of Seminole Gaming, and may be used by us for any purpose without restriction or obligation. Seminole Gaming is and shall be under no obligation:

  1. (1) to maintain any Contributed Content in confidence;
  2. (2) to pay compensation for any Contributed Content; or
  3. (3) to respond to any Contributed Content.

Seminole Gaming has the right but not the obligation to monitor and edit or remove any Contributed Content.  You agree that any Contributed Content you submit to us (1) is accurate; (2) does not violate any law or infringe any third party’s intellectual property rights, including copyright or trademark rights; and (3) contains no matter that is obscene, harassing, vulgar, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity of a third party.  You further agree that your Contributed Content will not contain any computer virus or other malware that could in any way affect the operation of Seminole Gaming or third parties as to the origin of any Contributed Content.  You are solely responsible for any Contributed Content you make and its accuracy.  Seminole Gaming takes no responsibility and assumes no liability for any Contributed Content posted by you or any third party.

8. PROHIBITED MATERIAL.

You may not post or transmit through the Sites: advertising or commercial solicitations; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Sites or the Content; or posts that express or imply that any statements you make are endorsed by Seminole Gaming. Additionally, you may not harvest or collect information about Site visitors without their express consent.

9. MONITORING.

Seminole Gaming or its representatives have the right, but not the obligation, to monitor the Content of the Sites to determine compliance with this Agreement. We retain our right to and with our sole discretion, edit, refuse to post or remove any material that we find to be in violation of these conditions or that is otherwise objectionable or offensive. This same discretion applies to our right of disclosure of any material submitted to the Sites and circumstances surrounding its submission to any third party in order to operate the Sites properly and to protect our sponsors, our visitors, and ourselves and to comply with our legal obligations and government requests.

10. COPYRIGHT COMPLAINTS.

Seminole Gaming respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide the Seminole Tribe of Florida’s copyright agent the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description where the material that you claim is infringing is located on the Sites;
  • Your address, telephone number, and e-mail 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;
  • 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.

Seminole Gaming’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

Seminole Tribe of Florida D/B/A Seminole Gaming
6300 Stirling Road, Suite 425
Hollywood, Florida 33024
Attn.: Legal Department

11. LINKS TO THIRD PARTY SITES.

The Sites may contain links to other websites. All links to other websites from the Sites are provided for convenience only. We are not responsible for, and do not endorse, the content, products, or services that may be contained on the linked websites. We have no obligation or liability with respect to any access by you of any linked websites, or for your use of any information, products, or services on the linked websites.

You should be aware that, when you enter a linked website, you are subject to the privacy policies and terms and conditions of use which apply to that website. You should review those policies carefully after you execute the link.

12. CONTESTS.

From time to time we may offer and/or co-sponsor contests or promotions on the Site. Each of these activities shall be governed by specific rules accessible from the pages of the Site offering the promotion or when you submit your entry.

13. PRIVACY POLICY.

Seminole Gaming’s use of data collected via the Sites is governed by our Privacy Policy. A link to the Privacy Policy can be found at (https://www.seminolwildcard.com/privacy) or in the footer of any Seminole Gaming sites. Our Privacy Policy is incorporated by reference into this Agreement.

14. RESERVATION AND CANCELLATION POLICY.

To book a room through the Sites, you will be required to enter a valid credit card number to guarantee your reservation, as well as provide personal information including your name, address, and other contact information. Your credit card number will be verified using a checking sequence; we authorize payment(s) at this time that is consistent with payment process for each site. Select packages may require full prepayment. The Reservations page on each Site is secure, and for security purposes, you must be using a browser that supports the SSL standard. If you are not using an SSL browser, you can still access rate and availability information, and process your reservation request via our toll free numbers listed on each site.

Seminole Gaming takes reasonable steps to ensure that the Reservations page on each Site is secure. For more information about our current security methods, please see the Security section within the Privacy Policy (https://www.seminolwildcard.com/privacy).

Cancellations are pursuant to the specific Site's cancellation terms. Failure to make any cancellations pursuant to this provision will result in loss of deposit.

15. INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless Seminole Gaming, its affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of this Agreement by you and/or your activities in connection with the Site or any services related to the Sites.  We may participate in the defense of any claim.  You shall not settle any claim that affects Seminole Gaming without our prior written approval.

16. LIMITATION ON LIABILITY; LEGAL DISCLAIMER.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SEMINOLE GAMING IS MAKING THE SITES AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.  USE OF THE SITES, AND ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE SITES, IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SEMINOLE GAMING, ITS AFFILIATES, AND AGENTS WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER IN CONNECTION WITH OR RESULTING FROM ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT ON THESE SITES OR FOR ANY DISRUPTIONS THESE SITES MAY CAUSE, OR FOR ANY RELIANCE ON OR USE OF SUCH CONTENT BY YOU.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT SEMINOLE GAMING IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SITES. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SEMINOLE GAMING SHALL CREATE ANY WARRANTY ON BEHALF OF SEMINOLE GAMING IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

TO THE EXTENT APPLICABLE, NOTHING SET FORTH IN THIS SECTION AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SEMINOLE GAMING OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS OR AGENTS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITES, WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Nothing in the Agreement removes or limits SEMINOLE GAMING’S liability for fraud, fraudulent misrepresentation, death or personal injury caused by its gross negligence, and, if required by applicable law, negligence.  IN ADDITION, SEMINOLE GAMING COMPLIES WITH THE EU/US PRIVACY SHIELD. PLEASE SEE THE PRIVACY POLICY FOR DETAILS (https://www.seminolwildcard.com/privacy).

17. SEVERABILITY.

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

18. GOVERNING LAW AND JURISDICTION.

This Agreement shall be governed by and construed in accordance with the applicable laws of the United States and the State of Florida, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida. By using this website, you consent to the jurisdiction of the state courts of Broward County, Florida and the United States District Courts for the Southern District of Florida for any action or proceeding arising under or relating to this Agreement, the Sites, or the use of, or reliance on, the Sites.

19. CLASS ACTION WAIVER.

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND SEMINOLE GAMING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and the Seminole Tribe of Florida agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

20. CONTACT US.

If you have any questions or concerns about the Sites, the Agreement, or the Privacy Policy, please contact us at dataprotection@shrss.com.