Terms and Conditions

Date of Last Revision: October 6, 2008

Your Agreement


This web site and other web sites or URL's directed to this website (collectively "Sites") are owned and operated by WMS Gaming ("WMS"). By accessing or using this Site you agree to these Terms and Conditions of Use ("Terms"). If you do not agree to the Terms and Conditions of Use and the Privacy Policy, you may not use the Site. The Terms are subject to change without notice. Therefore, please review these terms and conditions regularly upon visiting the Site. Your continued use of the Site after the posting of amended Terms shall constitute your agreement to be bound by any such changes. WMS may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability.

Nothing in these Terms, the Privacy Policy, or any information or materials available on the Site shall be construed as creating a partnership, joint venture, or agency relationship between you and WMS.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

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Your Use of the Site


All information and content available on this Site (collectively "Site Content") is protected by copyright and other intellectual property laws. The Site Content is owned by WMS and/or its licensors. You may view, copy, download, and transmit the Site Content for internal information and non-commercial purposes only, provided that you do not modify or delete any copyright, trademark, or other proprietary notices. You shall not view, copy, download, transmit, reproduce, sell, lease, publish, distribute, modify, display, perform, or otherwise use any portion of the Site Content in any other way or for any other purpose without the prior written consent of WMS. These Terms constitute the terms and conditions pursuant to which WMS provides you a non-exclusive, revocable, non-assignable license ("License") to access the Site and to download Site Content and other materials (collectively, "Materials"). Your use of the Site or Materials may also be governed by a contract between WMS and you or your employer ("Agreement"). In the event of a conflict between these Terms and the Agreement, the Agreement will control.

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Material You Submit


Except for any personally identifiable information we may collect from you in accordance with our Privacy Policy, all remarks, suggestions, ideas, graphics or other information that you communicate to WMS through this Site will become the exclusive property of WMS. WMS and its affiliates shall be free to copy, disclose, distribute, incorporate, and otherwise use the materials you submit for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the materials. You shall have no right to review or approve of any uses that WMS makes of such materials.

You are solely responsible for all content and information that you post on the Site, including photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and all other content that you upload, publish or display (hereinafter, "post"), or otherwise transmit to or share with WMS or other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create yourself, that is original to you, or that you do not have permission to post. You understand and agree that WMS may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the WMS violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to WMS.

When you post User Content to the Site, you authorize and direct WMS to make such copies thereof as WMS deems necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to WMS an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to use, copy, modify, create derivative works, incorporate into other works, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute in any and all forms, formats and media, now in existence or hereinafter created, such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, such User Content, and to grant and authorize sublicenses of the foregoing.

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Copyright Complaints


We respect the intellectual property rights of others and WMS prohibits users from uploading, posting or otherwise transmitting on its Sites any materials that violate another party's intellectual property rights. When WMS receives proper Notification of Alleged Copyright Infringement as set forth in the Digital Millennium Copyright Act, WMS will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our WMS On-Line Copyright Policy (below) for more information on how to report infringement of your copyright.

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Repeat Infringer Policy


In accordance with the Digital Millennium Copyright Act and other applicable law, WMS has adopted a policy of terminating or blocking access to the Site, in appropriate circumstances and at WMS' sole discretion, users who are deemed to be repeat infringers. WMS may also at its sole discretion limit access to the Site and/or terminate or block access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

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WMS On-Line Copyright Policy


WMS respects the intellectual property rights of others and WMS prohibits Users from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When WMS receives proper Notification of Alleged Copyright Infringement as described below, WMS promptly removes or disables access to the allegedly infringing material and blocks or terminates use of the Site by repeat infringers in accordance with the Digital Millennium Copyright Act.

 A. Notification of Alleged Copyright Infringement

If you believe that your own copyrighted work is accessible on the Site in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:

1. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.WMS.com/item123Q4." If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.

2. Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material.

3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

4. Include 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.

5. Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.

6. Include your name, mailing address, telephone number and email address.

You may submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:

      WMS Designated Copyright Agent

      800 S. Northpoint Blvd.

      Waukegan, IL 60085

      Phone: 847/785-3065

      Fax: 847/785-3786

      Email: smacaluso@wms.com

Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our Site is copyright infringing.

Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

B. Counter Notification

If you believe your own copyrighted material has been removed from our Site as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.

3. A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.

4. Your name, address and telephone number.

5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

6. Your physical or electronic signature.

You may submit your Counter Notification to our Designated Agent by fax, mail, or E-Mail as set forth below:

      WMS Designated Copyright Agent

      800 S. Northpoint Blvd.

      Waukegan, IL 60085

      Phone: 847/785-3065

      Fax: 847/785-3786

      Email: smacaluso@wms.com

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false notification or counter notification constitutes perjury.

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User Accounts


Certain areas of the Site ask you to create a user account or otherwise ask you to provide information to participate in certain features or to access certain content. The Site's practices governing your personal information are disclosed in its Privacy Policy. If you provide information to the Site, you agree to provide only accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password and agree you will not sell, transfer or assign your user account. You will maintain the confidentiality of your password and restrict access to your computer so that others may not access any password protected portion of the Site using your name, user name or password.

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Restrictions on Use


You agree not to do any of the following while using the Site:

1. harass, stalk or otherwise abuse another user;

2. transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of WMS or its affiliates), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by WMS in its sole discretion);

3. upload or transmit viruses, or other harmful, disruptive or destructive files or post material that interferes with any third party's use and enjoyment of the Site.

4. transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;

5. impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to WMS, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;

6. violate any applicable local, state, federal or international law, rule or regulation.

Disclaimer

WMS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT. THIS SITE AND THE CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WMS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WMS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT WMS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

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Limitation of Liability


IN NO EVENT SHALL WMS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR ANY DAMAGES WHATSOEVER, EVEN IF WMS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, WHETHER IN LAW OR EQUITY, ARISING OUT OF OR IN CONNECTION WITH: (1) THIS SITE AND ITS CONTENT AND MATERIALS; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY WMS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; OR (3) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL WMS BE LIABLE TO YOU FOR ANY REASON RELATED TO YOUR USE OF THE SITE OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

BY ACCESSING THIS SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

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Indemnification


You agree to indemnify, defend, and hold harmless WMS, and its parent, subsidiaries, affiliates, related companies, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these Terms or any law, rule or regulation, a claim based on your use of the Content or Materials, or any activity related to use of the Site by you or any other person accessing the Site using your personal means of Internet access. You will cooperate as fully and as reasonably required by WMS in defense of any claim. WMS reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not settle any claim without the prior written consent of WMS.

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Third Parties


This Site may provide links to third-party web sites. Third parties and third party web sites may have different privacy policies, terms and conditions and business practices than we do. Your dealings or communications with any party other than WMS are solely between you and that third party. Reference on the Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by WMS.

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Promotions


This Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules and may have eligibility requirements. It is your responsibility to read those rules to determine whether or not your participation will be valid and to determine the sponsor's requirements of you in connection with the applicable promotion.

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Jurisdiction


WMS controls and operates this Site from its offices located in the United States of America. We in no way warrant or imply that the materials on the Site are appropriate for use outside of the United States. If you use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Site in violation of U.S. export laws and regulations. Any claim relating to the Site or your use of it shall be governed by the internal substantive laws of the State of Illinois, without regard to its conflict of laws provisions, and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. You agree that any cause of action filed by you with respect to the Terms or your use of this Site must be filed in the state or federal courts located in Cook County, State of Illinois, within ninety (90) days after the occurrence of the facts giving rise to your cause of action, otherwise the cause will be forever barred.

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Additional Terms


If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of WMS. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

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Contact Us


If you have any questions, comments or concerns about our Site or these Terms, you may contact us at privacy@wmsgaming.com.

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