Terms of Service

OVERVIEW

This website and/or mobile application is operated by Wind Creek Hospitality. Throughout the site, the terms “we”, “us” and “our” refer to Wind Creek Hospitality. Wind Creek Hospitality offers this website and/or mobile application, including all information, tools and services available from this site and/or application to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting our site and/or application and/ or purchasing products or services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site and/or application, including without limitation users who are browsers, customers, members and/ or contributors of content.


Please read these Terms of Service carefully before accessing or using our website and/or mobile application. By accessing or using any part of the site and/or application, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website and/or mobile application or use any Services.


Any new features or tools which are added to the current website and/or mobile application shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website and/or mobile application. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and/or mobile application following the posting of any changes constitutes acceptance of those changes.


SECTION 1 - TERMS


By agreeing to these Terms of Service, you represent that you are at least 21 (twenty-one) years of age.


As used in this Terms of Service, any singular term also refers to its plural and vice versa.


You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Additional terms and conditions may apply to certain Services. Any additional terms and conditions will be available for all applicable Services and those terms and conditions shall become part of the Terms of Service.

You must not transmit any worms or viruses or any code of a destructive nature.


A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 – TOURNAMENTS

From time to time this website and/or mobile application will offer tournaments.

To be eligible to participate in tournaments, Participants must be 21 years of age and not on any Wind Creek Hospitality self-exclusion list. If a self-excluded person is identified, he or she will be handled in accordance with Wind Creek Hospitality’s Policy.


The following are not eligible to participate in the tournaments and/or win any prize herein with the exception of Wind Creek Casino.com employees who may participate for quality assurance purposes only:

  • Employees of PCI Gaming or PCI Gaming subsidiaries.
  • Marketing Department employee’s immediate family members or members of the Marketing Department employee’s immediate households (Immediate family members are mother, father, siblings, spouse or children).
  • PCIGA Directors and above; their immediate family members; and members of their immediate households (Immediate family members are mother, father, siblings, spouse or children).
  • Participating vendors.
  • Neither a Tribal Council member, PCI Gaming board member, Tribal Gaming Commissioner, nor their respective immediate family members and adults living in the household

Any dispute regarding tournament results will be resolved by Wind Creek Hospitality in a manner deemed by them to be the fairest to all concerned and that decision shall be final and binding be all participants. In addition, Wind Creek Hospitality reserves the right to void, change or cancel any tournament at any time.


Tournaments occurring on our mobile applications are not sponsored by Apple or Google Play. Prizes awarded for tournament winners are awarded by Wind Creek Hospitality only and any questions regarding any award should be directed to Wind Creek Hospitality staff members. Wind Creek Hospitality is solely responsible for any prizes earned and awarded. Neither Apple nor Google have any responsibility for prizes.


SECTION 3 – AUCTIONS


From time to time, this website and/or mobile application will offer online auctions.

To be eligible to participate in auctions, Participants must be 21 years of age and not on any Wind Creek Hospitality self-exclusion list. If a self-excluded person is identified, he or she will be handled in accordance with Wind Creek Hospitality’s Policy.


The following are not eligible to participate in auctions and/or win any prize herein; with the exception of Wind Creek Casino.com employees who may participate for quality assurance purposes only

  • Employees of PCI Gaming or PCI Gaming subsidiaries.
  • Marketing Department employee’s immediate family members or members of the Marketing Department employee’s immediate households (Immediate family members are mother, father, siblings, spouse or children).
  • PCIGA Directors and above; their immediate family members; and members of their immediate households (Immediate family members are mother, father, siblings, spouse or children).
  • Participating vendors.
  • Neither a Tribal Council member, PCI Gaming board member, Tribal Gaming Commissioner, nor their respective immediate family members and adults living in the household.

All online auctions use Wscore points as the currency for items up for bid. Each registered member will receive a unique bidder identification number. The final highest bid will be designated at the end of each auction. If a dispute arises between two or more bidders, we reserve the right to reopen bidding. Any dispute regarding auctions results will be resolved by Wind Creek Hospitality in a manner deemed by them to be the fairest to all concerned and that decision shall be final and binding be all participants. In addition, Wind Creek Hospitality reserves the right to void, change or cancel any auctions at any time.


Auctions occurring on our mobile applications are not sponsored by Apple or Google Play. Prizes awarded for tournament winners are the awarded by Wind Creek Hospitality only and any questions regarding any award should be directed to Wind Creek Hospitality staff members. Wind Creek Hospitality is solely responsible for any prizes earned and awarded. Neither Apple nor Google have any responsibility for prizes.


SECTION 4 – Virtual Drawings


From time to time, this website and/or mobile application will offer virtual drawings.

To be eligible to participate in tournaments, Participants must be 21 years of age and not on any Wind Creek Hospitality self-exclusion list. If a self-excluded person is identified, he or she will be handled in accordance with Wind Creek Hospitality’s Policy.


The following are not eligible to participate in virtual drawing and/or win any prize herein, with the exception of Wind Creek Casino.com employees who may participate for quality assurance purposes only:

  • Employees of PCI Gaming or PCI Gaming subsidiaries.
  • Marketing Department employee’s immediate family members or members of the Marketing Department employee’s immediate households (Immediate family members are mother, father, siblings, spouse or children).
  • PCIGA Directors and above; their immediate family members; and members of their immediate households (Immediate family members are mother, father, siblings, spouse or children).
  • Participating vendors.
  • Neither a Tribal Council member, PCI Gaming board member, Tribal Gaming Commissioner, nor their respective immediate family members and adults living in the household.

Any dispute regarding virtual drawing results will be resolved by Wind Creek Hospitality in a manner deemed by them to be the fairest to all concerned and that decision shall be final and binding be all participants. In addition, Wind Creek Hospitality reserves the right to void, change or cancel any virtual drawing at any time.

Auctions occurring on our mobile applications are not sponsored by Apple or Google Play. Prizes awarded for tournament winners are the awarded by Wind Creek Hospitality only and any questions regarding any award should be directed to Wind Creek Hospitality staff members. Wind Creek Hospitality is solely responsible for any prizes earned and awarded. Neither Apple nor Google have any responsibility for prizes.


SECTION 5 - WSCORE AND WSTORE PRICING

WStore and WScore are trademarks of Wind Creek Hospitality. WScore has no monetary value. Wind Creek Hospitality may change the WStore and WScore program rules, benefits, conditions of participation or award or redemption levels, in whole or in part, at any time with or without notice, even though changes may affect the value of WScore already accumulated. Wind Creek Hospitality may also modify or cancel any award, increase or decrease the WScore required for any award, add an unlimited number of blackout dates or limit the number of WStore items available at any or all Wind Creek Hospitality properties. Wind Creek Hospitality has the right to terminate the WStore and the WScore Program at any time with or without notice. All Wind Creek Reward program rules apply to WStore and WScore program participation, offers, WScore accrual, WScore redemption, and other benefits. Offers void where prohibited by law. Other restrictions may apply.


SECTION 6 – CHEATING AND ILLEGAL BEHAVIOR

You agree that you will not create automation software (bots) and/or cheats or assist third parties in any way to create or use cheats and/or bots. You agree that you will not directly or indirectly disable, circumvent, or otherwise interfere with the operation of the software designed to prevent or report the use of cheats and/or bots. You acknowledge and agree that Wind Creek Hospitality and Wind Creek Casino may refuse to allow you to participate in certain online activities, including free online game play, online tournaments and auctions if you use cheats and/or bots. Wind Creek Hospitality and Wind Creek Casino may suspended your account indefinitely or terminate your account for any conduct or activity that we believe is illegal, constitutes a cheat and/or bot, or otherwise negatively affects the enjoyment of Wind Creek Casino by other users. You acknowledge that Wind Creek Hospitality and Wind Creek Casino are not required to provide you with any notice before suspending or terminating your account.

You may not use cheats, automation software (bots), mods, hacks or any other unauthorized third-party software to modify or automate any Wind Creek Casino process.


SECTION 7 - GENERAL CONDITIONS


We reserve the right to refuse service to anyone for any reason at any time.


You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website and/or mobile application through which the Service is provided, without express written permission by us.


The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 8 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


We are not responsible if information made available on this site and/or application is not accurate, complete or current. The material on this site and/or application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site and/or application is at your own risk.


This site and/or application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site and/or application at any time, but we have no obligation to update any information on our site and/or application. You agree that it is your responsibility to monitor changes to our site and/or application.


SECTION 9 - MODIFICATIONS TO THE SERVICE AND PRICES


Prices for our products are subject to change without notice.


We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.


We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 10 - PRODUCTS OR SERVICES (INCLUDING WSCORE AND WSTORE PRICING)


Certain Services may be available exclusively online through the website and/or mobile application. These Services may have limited quantities and are usually not subject to return or exchange.


We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services or Service pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any Services made on this site is void where prohibited.


We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


SECTION 12 - OPTIONAL TOOLS


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.


You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


We may also, in the future, offer new services and/or features through the website and/or mobile application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 13 - THIRD-PARTY LINKS


Certain content, products and services available via our Service may include materials from third-parties.


Third-party links on this site may direct you to third-party website and/or mobile applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or website and/or mobile applications, or for any other materials, products, or services of third-parties.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website and/or mobile applications. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website and/or mobile application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 15 - PERSONAL INFORMATION


Your submission of personal information is governed by our Privacy Policy.


SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our site and/or application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website and/or mobile application is inaccurate at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information in the Service or on any related website and/or mobile application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website and/or mobile application, should be taken to indicate that all information in the Service or on any related website and/or mobile application has been modified or updated.


SECTION 17 - PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site and/or application or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website and/or mobile application, other website and/or mobile applications, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website and/or mobile application, other website and/or mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related website and/or mobile application for violating any of the prohibited uses.


SECTION 18 – HARASSMENT AND CYBERBULLYING

You are prohibited from using the site and/or application or its content to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; this includes cyberbullying which is the use of electronic technology including cell phones, computers and tablets as well as communication tools including social media sites, text messages, chat and websites to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. We reserve the right to terminate your use of the Service or any related website and/or mobile application if it is determined that you are harassing and/or cyberbullying another member of this website and/or mobile application or any of Wind Creek Hospitality’s employees.


SECTION 19 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.


We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.


You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.


You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In no case shall Wind Creek Hospitality, our parent, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Terms of Service, our Privacy Policy or your use of any of the Services, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


SECTION 20 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless Wind Creek Hospitality and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, Privacy Policy or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 21 - SEVERABILITY


In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 22 - TERMINATION


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.


These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site and/or application.


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 23 - ENTIRE AGREEMENT


The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


These Terms of Service and any Privacy Policy or other policies or operating rules posted by us on this site and/or application or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 24 - GOVERNING LAW


These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Alabama


SECTION 25 - CHANGES TO TERMS OF SERVICE


You can review the most current version of the Terms of Service at any time at this page.


We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website and/or mobile application. It is your responsibility to check our website and/or mobile application periodically for changes. Your continued use of or access to our website and/or mobile application or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 26 - CONTACT INFORMATION


Questions about the Terms of Service should be sent to us at info@WindCreekHospitality.com.




PRIVACY POLICY


-----------

SECTION 1 - WHAT INFORMATION DO WE COLLECT?


When you register, purchase or redeem a reward from our website and/or mobile application, we collect the personal information you give us such as your name, address and email address.


When you browse our website and/or mobile application, we also automatically receive your computer’s internet protocol (IP) address, the pages of our website that you visit, the time and date of your visit, the time spent on those pages and other statistics in order to provide us with information that helps us learn about your browser and operating system.


Email, Text Messaging and Push Notification marketing: With your permission, we may send you emails, text messages and push notifications about our website and/or mobile application, new products and other updates.


SECTION 2 – WHAT DO WE DO WITH YOUR INFORMATION


When we collect your information, we use that information to make our products and services better for all users and for marketing purposes. We may also use information about you in the creation of an online profile for you to use on the site and/or application. This is something that you decide – how much or how little do you want in your profile.


We may also use your service history to enhance personal service delivery to you and develop new services. This may be in the form of targeted advertising (if applicable) to personal space creations on the website and/or mobile application.


SECTION 3 - CONSENT


How do you get my consent?


By registering for our website and/or mobile application, you consent to our collecting and using the information provided for marketing purposes and to make our products and services better.


When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you consent to our collecting your personal information and using it for that specific reason only.


If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.


How do I withdraw my consent?


If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at info@WindCreekHospitality.com or mailing us at: Wind Creek Hospitality, 303 Poarch Road, Atmore, AL 36502


SECTION 4 - DISCLOSURE


We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service. We may also disclose your non-sensitive information with companies, organizations or individuals outside of Wind Creek Hospitality. However, we will ask and accept your explicit opt-in consent before sharing such information outside of Wind Creek Hospitality.


SECTION 5 - SECURITY


To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.


If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.


SECTION 6 – COOKIES

When you visit our website and/or mobile application or use our services, we may send out a cookie, or anonymous identifier (such as Google Analytics cookies), from our website and/or mobile application to your web browser. These cookies are used to identify you and your previous user activities.


You may opt out of Google Analytics by visiting currently available opt-outs.


SECTION 7 - AGE OF CONSENT


By using this site, you represent that you are at least 21 (twenty-one) year of age.


SECTION 8 - CHANGES TO THIS PRIVACY POLICY


We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website and/or mobile application. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.


QUESTIONS AND CONTACT INFORMATION


If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at info@WindCreekHospitality.com or by mail at Wind Creek Hospitality, 303 Poarch Road, Atmore, AL 36502.