Terms and Conditions

Your Agreement

This web site, www.wmsgaming.com (the “Web Site”) is owned and operated by WMS Gaming Inc. (“WMS”). By accessing or using this Web 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 Web Site.

The Terms are subject to change without notice. Therefore, please review these terms and conditions regularly upon visiting the Web Site. Your continued use of the Web 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 Web Site without notice or liability.

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

Your Use of the Web Site

All information and content available on this Web Site (collectively “Content”) is protected by copyright and other intellectual property laws. The Content is owned by WMS and/or its licensors. You may view, copy, download, and transmit the Content for internal information 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 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 Web Site and to download Content and other materials (collectively, “Materials”). Your use of the Web 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.

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 Web 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.

User Accounts

Certain areas of the Web 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 Web Site's practices governing your personal information are disclosed in its Privacy Policy. If you provide information to the Web 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 Web Site using your name, user name or password.

Restrictions on Use

You agree not to do any of the following while using the Web 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 Web 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 Web Site or to WMS, including forging any TCP/IP packet header or any part of the header information in any transmission to the Web 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 WEB SITE'S CONTENT. THIS WEB SITE AND THE CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEB 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 WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB 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 WEB 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.

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 WEB 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 WEB SITE; OR (3) ANY ERRORS OR OMISSIONS IN THE WEB SITEÕS 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 WEB 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 WEB 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.”

Securities of WMS Industries

We are not providing investment advice through this Web Site, and the material on the Web Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of WMS Industries Inc. If you decide to use any material available on the Web Site in assessing whether to buy or sell securities of WMS Industries Inc., please be aware that the material on the Web Site reflects past performance and historical information only, and that such performance and information is not necessarily an indication of future performance.

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 Web Site by you or any other person accessing the Web Site using your personal means of Internet access. You will cooperate as fully and 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.

Third Parties

This Web 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 Web 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.

Promotions

This Web 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.

Jurisdiction

WMS controls and operates this Web Site from its offices located in the United States of America. We in no way warrant or imply that the materials on the Web Site are appropriate for use outside of the United States. If you use the Web 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 Web Site in violation of U.S. export laws and regulations. Any claim relating to the Web 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 Web 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.

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.

Contact Us

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