Woodbine Entertainment Group (“WEG”) operates this website (the “Site”) to provide online access to information about WEG and the products, services and opportunities we provide (the “Service”). By accessing and using this Site, via any method whatsoever, including without limitation mobile devices, tablets, etc., you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site, including contests, promotions or similar features. Such additional terms and conditions are made part of these Terms of Use by this reference and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.” You agree to abide by these Terms of Use, including where applicable representing that you are of sufficient legal age to use or participate in a Service or other feature of the Site. WEG reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth above. 1. Use of Site You may use the Service, the Site, and the information, text, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about WEG products and services. Content includes, without limitation, all user interfaces, visual interfaces, trademarks, logos, artwork and computer code located within the Site, as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Content. No right, title or interest in the Site and/or any Content is transferred to you, whether as a result of downloading such Content or otherwise. WEG, and/or its licensors, contributors or other third parties, reserves complete title and full intellectual property rights in the Site and all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service except as expressly permitted by these Terms of Use. WEG reserves the right to do any of the following, at any time, without notice: (a) modify, suspend or terminate operation of or access to the Site or any portion of the Site for any reason, (b) modify or change the Site or any portion of the Site, and (c) interrupt the operation of the Site or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction or for any other reason. WEG reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or Service to any person or geographic area. Any feature, product or Service made available on the Site is void where prohibited. WEG may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. 2. Copyright The Site, the Service and the Content are protected by Canadian and/or foreign copyright and intellectual property laws, and belong to WEG or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by WEG or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only, provided that you (a) do not remove any proprietary notice language in all copies of any such Content, (b) do not copy or post such Content on any networked computer or broadcast it in any media, (c) make no modifications to such Content, and (d) do not make any representations or warranties relating to such Content. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by WEG. You may not manipulate or alter in any way images or other Content on the Site. 3. Trademarks You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. 4. Links to Third-Party Web Sites Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by WEG of the third party, the third- party web site, or the information contained therein. WEG is not responsible for the availability of any such web sites. WEG is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of WEG affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites. 5. Linking to the Site If you would like to link to the Site, you must contact WEG’s Website Manager. Unless specifically authorized by WEG, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of the Site on any other web site or web page. 6. Disclaimer of Warranties WEG makes no express or implied warranties, representations or endorsements whatsoever with respect to the Site, the Service or the Content. WEG expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, with regard to the Site, the Service, the Content, and any other product or service furnished or to be furnished via the Site. WEG does not warrant that the functions performed by the Site or the Service will be uninterrupted, timely, secure (unless stated) or error-free, or that defects in the Site or the Service will be corrected. WEG does not warrant the accuracy or completeness of the Content, or that any errors in the Content will be correct (or corrected in a particular time frame). The Site, the Service and the Content are provided on an “as is” and “as available” basis. All information provided on the Site is subject to change without notice. WEG cannot ensure that any Content downloaded from the Site will be free of viruses or contamination or destructive features. 7. Limitation of Liability In no event will WEG be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages, arising out of (i) the use or inability to use the Site, the Service or the Content; (ii) any transaction conducted through or facilitated by the Site; any claim attributable to errors, omissions, or other inaccuracies in the Site, the Service and/or the Content; unauthorized access to or alteration of your transmission or data; or (v) any other matter relating to the Site, the Service or the Content, even if WEG has been advised of the possibility of such da This limitation of liability applies to any damages, liability or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of data or other information, whether for breach of contract, tort, negligence or any other cause of action. You assume total responsibility for your use of the Site and any linked sites. If you are dissatisfied with the Site, the Service, the Content or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site. 8. Indemnification You understand and agree that you are personally responsible for your use of and behavior on the Site. You agree to indemnify, defend and hold harmless WEG, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable lawyers’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service or the Content, or any violation by you of this Agreement. 9. Privacy WEG’s Privacy Policy applies to use of the Site, and its terms are incorporated herein by this reference. Please visit www.woodbine.com/privacy-policy. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. 10. User Conduct You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. 11. User Supplied Information WEG does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give WEG the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. 12. Unsolicited Idea Submission Policy WEG or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should WEG’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. However, WEG does welcome feedback regarding many areas of our websites that will help satisfy customers’ needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms of the User Supplied Information section above. To submit Site feedback please click here. 13. Password Security If you register to become a registered user on woodbine.com (and our family of websites), you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. 14. General Provisions Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter No waiver by WEG of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or WEG therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. WEG does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and Any and all disputes relating to this Agreement, WEG’s Privacy Policy, your use of the Site, any other WEG web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the Province of Ontario, without regard to any conflict of laws provisions. Claims of Copyright Infringement. Pursuant to The Department of Justice (Canada) Copyright Act ( S., 1985, c. C-42 ), notifications of claimed copyright infringement should be sent to WEG’s Designated Agent.
