WGT Terms & Conditions
1. Terms and Conditions Agreement
PLEASE NOTE, THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. IN ADDITION, PLEASE BE ADVISED THAT WGT DOES NOT PROVIDE WARRANTIES FOR THE SERVICES AND THESE TERMS LIMIT OUR LIABILITY TO YOU. YOU MAY NOT USE THE SERVICES, OR ANY PART THEREOF, IF YOU DO NOT AGREE TO THESE TERMS.
NOTE: YOUR ENTRY IN ANY CONTEST OR SWEEPSTAKES THROUGH THE APPLICATION MAY BE SUBJECT TO SEPARATE RULES THAT ARE AVAILABLE FOR EACH INDIVIDUAL CONTEST OR SWEEPSTAKES. RULES MAY VARY DEPENDING ON THE CONTEST OR SWEEPSTAKES. IF APPLICABLE, THE RULES FOR EACH CONTEST OR SWEEPSTAKES ARE ACCESSIBLE ON BOTH THE CONTEST AND/OR SWEEPSTAKES INFORMATION PAGE AND WITHIN THE SPECIFIC APPLICATION ITSELF.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE SITE AND/OR THE APPLICATION AND BY USING THE SITE AND/OR THE APPLICATION, YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE. IF YOU ACCESS THE SITE OR APPLICATION FROM A SOCIAL NETWORKING SITE ("SOCIAL SITE") YOU SHALL COMPLY WITH THE TERMS OF SERVICE/USE OF SUCH SOCIAL SITE AS WELL AS THESE TERMS. TO USE ANY OF THE APPLICATION THROUGH A SOCIAL SITE, YOU MAY ALSO BE REQUIRED TO HAVE A VALID ACCOUNT ON THE SOCIAL SITE THROUGH WHICH YOU CONNECT TO THE APPLICATION.
2. License Grant; General Use Restrictions
The Application is licensed to you, not sold. WGT grants you a personal, limited, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Application on compatible devices you own or control for your non-commercial, entertainment use, subject to your compliance with these Terms. This license becomes effective on the date you accept this Agreement. This license does not grant you any title or ownership in the Application. WGT or its licensors own and reserve all other rights, including all right, title and interest in the Site, the Application and associated intellectual property rights.
All information, documents, products, software, games, and services provided on the Application, including trademarks, logos, graphics, and images that are not Submissions (as defined below) (the "Materials") are provided to you by WGT or WGT's licensors or partner entities, as applicable. WGT grants you the limited right to display the Materials only on your personal computer, and to copy the Materials displayed on the Application, provided that: (1) both the WGT copyright notice (set forth below) and this permission notice appear in the Materials so displayed or copied, (2) such display or copy is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter, or enhance any of the Materials in any manner.
These limited licenses terminate automatically, without notice to you, if you breach any of these Terms. Upon termination of any of these limited licenses, you agree to immediately destroy any electronic or printed Materials or the Application, as applicable.
WGT provides dynamic environments for virtual sports game play. You acknowledge and agree that that in the course of providing this dynamic environment, WGT will, without providing notice, be making ongoing modifications and improvements to the Application from time to time in the course of the operation and development of the Application. The Application may remotely download and install updates, upgrades, and additional features that WGT deems reasonably necessary, and you hereby consent to any such updates, upgrades, and additional features. Such updates, upgrades and implementation of additional features may affect the performance and interaction of individual components of the games, performance of virtual items, contests, and challenges available through the Application. You agree that WGT has no obligation to support previous version(s) of the Application upon the availability of the update, upgrade and/or implementation of additional features. The license to the Application shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement. WGT does not have any maintenance or support obligations with respect to the Application.
In addition, you agree that WGT retains the sole and unfettered right to change, remove, or modify the available virtual items from time to time (which may among other things make one or more virtual items more or less effective or functional, more or less common, or eliminated entirely). You may not use, distribute, develop, promote, or facilitate use of cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the WGT game experience to the detriment of fair play.
YOU HEREBY AGREE THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM AGAINST WGT OR ANY OF ITS EMPLOYEES WHICH IS RELATED TO OR BASED ON A CLAIM THAT YOU OWN OR ARE DUE VALUE FOR ANY VIRTUAL ITEM, INCLUDING WITHOUT LIMITATION RELATING TO THE MODIFICATION OR DELETION OF ONE OR MORE VIRTUAL ITEMS.
Except as stated herein, you acknowledge that you have no right, title, or interest in or to the Application or the Materials on any legal basis, without the advance written authorization of WGT. You agree that you shall not, under any circumstances, without the express written consent of WGT: (i) exploit the Application or any of its parts for any commercial purpose, including without limitation use at a cyber cafe, computer gaming center or any other location-based site; (ii) host, provide or develop matchmaking services for the Application or intercept, emulate or redirect the communication protocols used by WGT in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Application, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; or (iii) extract content or data from the Site or Application through data mining, robots, scraping or similar data gathering or extraction methods; (iv) copy, photocopy, reproduce or use the Application except as specifically authorized in these Terms; (v) sell, rent, lease, license, distribute, or otherwise transfer the Application; (vi) translate, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on or related to the Application; (vii) remove, circumvent, or modify any proprietary notices or labels, or any security applications; (viii) organize, promote, facilitate, or participate in any event involving wagering on the outcome, or any other aspect of, the Application, regardless of whether such conduct constitutes gambling under the laws of any applicable jurisdiction; (ix) use the Application for any esports or group competition sponsored, promoted or facilitated by any third party; (x) use the Application to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; (xi) use the Application in violation of any applicable law or regulation; or (xii) behave in a manner or engage in any conduct which is detrimental to the enjoyment of the Application by other users or which disrupts operation of the Application, in WGT's sole judgment, including but not limited to any use in violation of our Community Guidelines or these Terms.
3. WGT Credits or Coins
WGT may offer in-game credits or coins (either for purchase or for free, at WGT's discretion) that enable you to participate in on-line games and purchase virtual merchandise and other items through the Site or the Application (the "WGT Credits"). By purchasing or obtaining WGT Credits, WGT is granting you a limited license right to you to utilize certain features of our product and service offering as allowed by WGT. WGT Credits do not have monetary or stored value or any credit balance of real currency or its equivalent and are not redeemable for money at any time. WGT may regulate, modify and/or eliminate WGT Credits at any time at its discretion with no liability to you or to any third party from the exercise of such right. You agree that you will not, under any circumstances gather or transfer WGT Credits or virtual items for sale or use the Application or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Application.
4. In-Game Skill Based Competitions
As part of regular WGT game play, WGT may sponsor and give you the opportunity to participate in Competitions ("Competitions"). You must be over the age of 13 to participate and no purchase or payment is necessary to participate in such Competitions. The odds of obtaining WGT Credits in Competitions depend on the number of eligible participants in and their relative skill in the Competitions.
Competitions where the winner obtains a physical or tangible prize are open to individuals who are 18 years of age or older or the age of majority in the entrant's state or province/territory of residence, whichever is greater. To participate in a Competition where the winner obtains a physical or tangible prize, you must not be a resident of or be physically located at the time of play in: (a) the United States if you are a resident who resides in Arizona, Arkansas, Connecticut, Delaware, Florida, Iowa, Illinois, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee, Vermont, or Washington, or are subject to the laws of one of those states; (b) Brazil, Argentina, the People's Republic of China, South Korea, Japan; (c) any other jurisdiction that WGT excludes in its sole discretion; or (d) any person who is defined as a "Subscriber" per the Steam Subscriber Agreement located at: store.steampowered.com/subscriber_agreement.
To participate in certain Competitions where the winner obtains a physical or tangible prize, you may be required to submit to WGT documentation to verify your eligibility and to verify your age and/or residency and, if the physical or tangible prizes you have obtained in a given year have a value over $600, a completed W-9 tax form.
Employees, officers, and directors of WGT and its affiliated entities, parent, subsidiaries, advertising, promotional agencies, legal advisors, their immediate family members, and persons living in their same household, are not eligible to enter or participate in Competitions. Void where restricted, taxed or prohibited by law. Individuals that obtain WGT Credits in the Competitions will be determined and announced on or about the fifteenth (15th) calendar day following each monthly Competition and between one (1) and three (3) weeks following each weekly Competition. In the event of a tie, the participant that entered the Competition earlier will obtain the WGT Credits.
For the avoidance of doubt, Apple Inc., Google Inc., and Amazon Inc., are not sponsors of, or in any way involved in, any Competitions.
5. In-Game Person to Person Skill Based Challenges
As part of regular WGT game play, WGT may sponsor and give you the opportunity to obtain WGT Credits and/or other virtual items or physical or tangible prizes in certain in-game person to person skill based challenges ("Challenges"). The odds of obtaining WGT Credits in a Challenge depend on your relative skill in the Challenge.
Individuals who are 13 years of age or older may enter Challenges, except that Challenges where the winner obtains a physical or tangible prize are only open to individuals who are 18 years of age or older or the age of majority in the entrant's state or province/territory of residence, whichever is greater. To participate in a Challenge where the winner obtains a physical or tangible prize, you must not be a resident of or be physically located at the time of play in: (a) the United States if you are a resident who resides in Arizona, Arkansas, Connecticut, Delaware, Florida, Iowa, Illinois, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee, Vermont, or Washington, or are subject to the laws of one of those states; (b) Brazil, Argentina, the People's Republic of China, South Korea, Japan; (c) any other jurisdiction that WGT excludes in its sole discretion; or (d) any person who is defined as a "Subscriber" per the Steam Subscriber Agreement located at: store.steampowered.com/subscriber_agreement. Employees, officers, and directors of WGT and its affiliated entities, parent, subsidiaries, advertising, promotional agencies, legal advisors, their immediate family members, and persons living in their same household, are not eligible to enter or participate in Challenges. Void where restricted, taxed or prohibited by law.
To participate in a Challenge, you must first select the type of WGT game you would like to play on the Challenge Page. If you are proposing a Challenge to another user, you must select a user as a challenger that has selected the same type of game and select how many WGT Credits you are willing to submit as your share of the WGT Credits for that Challenge with such user. If you accept a Challenge that another user proposed, you agree to match the same amount of WGT Credits as that submitted by the user that proposes the Challenge you accept. Each player will pay a separate fee to WGT for the Challenge game as a payment made solely for the operation of the services and facilities necessary to participate in the Challenge (the "Participant Fee").
When you participate in a Challenge, the amount of the WGT Credits that you challenged plus the Participant Fee are immediately placed on hold within your Account. At the conclusion of the Challenge, the Participant Fee will be subtracted from each player's Account. The Participant Fees are not refundable. The Challenge participants will then receive the WGT Credits, virtual items and/or physical or tangible prize they obtained according to the rules of the Challenge game and game type selected.
Individuals that obtain WGT Credits, virtual items and/or physical or tangible prize in each Challenge will be determined and posted on the Site and/or Application upon completion of the Challenge. In the event of a tie, WGT shall have the right to require the participants to participate in another game to determine who has the best score in the Challenge.
6. Third Party Content
7. No Framing
You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials on the Site and/or the Application on any other server or Internet-based device without the advance written authorization of WGT or its licensors, respectively.
8. Third Party Advertisements
9. Links To Third Party Sites
10. Password Restricted Areas of the Site and Usernames
You agree to provide true, accurate, current, and complete information about yourself as prompted by a registration form to obtain a password for any Restricted Areas (as defined below). Certain areas of the Site and/or the Application may be password-restricted to authorized users that become members ("Restricted Areas"). If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and Account and agree to notify WGT if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. WGT will never ask you for your password, so do not give it to anyone requesting it. You are responsible for activities that occur under your Account. You agree to immediately notify WGT of any unauthorized use of your Account or any other breach of security in relation to the Site and/or the Application known to you.
Each user will either select a username or allow WGT to automatically select a username at random. Additionally, users may form "teams" and such teams will be required to choose a team name. When you choose a username, team name, or otherwise create a label that can be seen by other players using the games, you must abide by the following guidelines as well as the rules of common decency. If WGT finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the games.
In particular, you may not use any name:
Belonging to another person, including pop culture figures or celebrities, with the intent to impersonate that person, including without limitation a "Game Master" or any other employee or agent of WGT;
That incorporates vulgar language, or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically, or otherwise objectionable;
Subject to the rights of any other person or entity without written authorization from that person or entity;
That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
5 .That is intended to inflame, trash-talk, or provoke a reaction from the community;
Taken from WGT's products;
Related to drugs, sex, alcohol, or any criminal activity;
Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm"), URLs, spam, or anything that is intended to solicit other players for commercial purposes;
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.
- Each user participating on the Site and/or through the Application may have only one player Account. If you wish to create a new player Account, please contact us at email@example.com. If WGT determines that you have more than one Account, all Accounts created subsequent to the first Account may be automatically terminated without notice. Continued violation of these Terms, including the creation of more than one player Account, may result in the termination of all of your player Accounts. Your Account is non-transferable. You may not allow any other person to use your player Account to access WGT, participate in any tournament or game, or to accept any winnings related to your player Account.
12. Posting Etiquette
WGT asks that you respect our on-line community and other individuals. When posting Submissions to or otherwise using the Site, the Application(s) and/or the services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, vulgar, sexually explicit, hateful, or otherwise offensive language or images.
- Flame-bait, engage in flame wars, or otherwise attempt to provoke a reaction.
- Cause disruption by hitting the return key repeatedly or using large images so the screen goes by too fast to read, using all caps to "shout", spamming, or flooding (posting repetitive text).
- Impersonate or represent WGT, our staff, partners, affiliates, or other industry professionals.
- Solicit a member's password or other Account information for any reason.
- Harvest usernames, addresses, or email addresses for any purpose.
- Post any player's real name, location, or any other personally identifiable information.
- Promote or conduct any illegal activity, including hacking or cracking, or violate copyright laws. The laws that apply in the offline world must be observed online as well.
- Upload viruses or corrupted data.
- Make commercial use of the Site or the Application, including distribution of advertising, chain letters, pyramid schemes, and spam.
- Improperly use support staff or make false reports to staff members.
- Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Site and/or the Application.
- Exploit any bug in the Site and/or the Application to gain unfair advantage in the game and communicate the existence of any such bug.
This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require WGT to monitor or remove any Submissions or other information submitted by you or any other user.
You hereby agree to waive any claims against WGT and its affiliates, contractors, agents, and employees for losses, damages, and injuries for which are based on or relate to communications or materials made available to the Site and/or the Application or posted on the Site and/or the Application by persons other than WGT. WGT may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at WGT's discretion, WGT will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site and/or the Application.
13. Term and Termination
WGT reserves the right to terminate your access to your Account, your ability to access and post to the Site and/or the Application or to receive the services with or without cause and with or without notice, or for any action that WGT determines is inappropriate or disruptive to the Site and/or the Application, services or to any other user of the Site and/or the Application and/or services. YOU CAN LOSE YOUR USERNAME AND PROFILE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, OBTAINED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SITE AND/OR THE APPLICATION, AND WGT IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SITE, MATERIALS AND SERVICES ACCESSED THROUGH THE APPLICATION AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO THE SITE, THE APPLICATION, MATERIALS, AND ANY CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SITE, THE APPLICATION OR MATERIALS IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
WGT reserves the right to stop offering and/or supporting the Site or a particular game or part of the service on the Application at any time, at which point your license to use the Site, the Application and services or a part thereof will be automatically terminated. In such event, WGT shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued Site or Application.
Termination of your Account can include disabling your access to the Site and the Application or any part thereof including any content you submitted, or others submitted.
You may cancel any account registered to you at any time by following the instructions on WGT.com.
14. Beta Tests
Should you become a participant in a beta test for new games and/or features, your participation as a beta tester is subject to the following terms and conditions. As a beta participant, you hereby agree that you are not a member of the press or other media entity.
a. Private Beta Tests:
Closed beta tests are confidential. The beta games and any related features and functionality are confidential. If you participate in a closed beta test, you will safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games, including blogging and taking screen shots. You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the beta game, or remove any proprietary notices or labels. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to WGT, and WGT is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until WGT publicly distributes or has otherwise disclosed to the public through no fault of yours, the particular games, and the content that you are testing.
b. All Beta Tests (Private and Public):
As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these Terms, or on the Site and/or the Application, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
When playing some beta games, you may accumulate rankings, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased, and each player will return to beginner status.
By starting a beta game, you agree that: (i) playing beta games is at your own risk and that you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) WGT has no obligation to make these games available, (iv) these Terms apply to your use of the games during the testing phase, and (v) if it is a private beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
Beta Test accounts are non-transferable under any circumstances.
15. Payments and Billing
FEES YOU PAY WGT TO ENTER CONTESTS, PURCHASE IN-GAME EQUIPMENT, OR TO OBTAIN ANY OTHER SERVICE OR GOOD, ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ACKNOWLEDGE THAT WGT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ITEM THAT YOU PURCHASED WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
WGT reserves the right to change our fees or billing methods at any time. You are responsible for reviewing the Terms & Conditions to obtain timely notice of such changes. Your continued use of the Application thirty (30) days after changes are posted means that you accept such changes. If any change is unacceptable to you, you may cancel your account at any time.
You may use a credit card to pay for any fees you incur. When you provide credit card information to WGT, you represent to WGT that you are the authorized user of the credit card that is used to pay. As the Account holder, you are responsible for all charges incurred, unless your account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your credit card information.
If you unlawfully or fraudulently authorize a chargeback to WGT or initiate an excessive amount of chargebacks through your bank, credit card, or any other payment provider, WGT may terminate your Account. In addition, WGT reserves all of its rights and remedies in the event of such chargebacks.
By using all or part of this Site and/or the Application, you consent to receiving electronic communications from WGT and its partners and affiliates. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and/or our services. These electronic communications are part of your relationship with WGT, and you receive them as part of your use of the Site and/or the Application. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
If you pay a donation in the form of an entry fee to participate in a challenge or game that is serving as a benefit for a charitable organization, you acknowledge and agree that WGT is not providing tax advice to you and that you are expected to rely on your own tax advisor as to the deductibility of such entry fee as a charitable contribution.
16. Trademarks and Copyrights
The trademarks, service marks, brands, names, logos, and designs ("Trademarks") of WGT, Topgolf International, Inc., or others used on the Site and/or in the Application are the property of WGT or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Application without the express prior written permission of WGT or the respective owner, and nothing contained on this Site and/or in the Application grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on the Site and/or in the Application, including but not limited to, text elements, site design, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of WORLD GOLF TOUR, INC., Copyright ©, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
17. Copyright Agents
WGT respects the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site, the Restricted Areas or the Application to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and appears on our Site, please provide WGT's copyright agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Site (if applicable) or in the Application where the material that you claim is infringing is located;
- your address, telephone number, and email 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.
WGT's agent for notice of claims of copyright infringement on the Application can be reached as follows:
WGT Copyright Agent
Stinson Leonard Street LLP 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 Attn: Joel Leviton
18. Ownership/Selling of the Account or Virtual Items
WGT does not recognize the transfer of your user accounts ("Accounts"), or any virtual items contained therein. You may not purchase, sell, gift, or trade any Account, or offer to purchase, sell, gift, or trade any Account, WGT Credits or virtual item contained therein, and any such attempt shall be null and void. WGT owns, has licensed, or otherwise has rights to all of the content that appears in the games and on the Site and the Application. You agree that you have no right or title in or to any such content, including the virtual items or WGT Credits appearing or originating in the games, or any other attributes associated with the Account or stored on the Site or in the Application. WGT does not recognize any virtual property transfers executed outside of the games or the purported sale, gift, transfer, or trade in the "real world" of anything related to the games. Accordingly, you may not sell virtual items for "real" money or otherwise exchange items for value outside of the games. If you purchase or otherwise receive any WGT Credits for your Account, you agree that you will not transfer such WGT Credit and that you will not use such WGT Credits to engage in gambling, gaming, or lottery.
You shall not circumvent any of the foregoing prohibitions, such as, by way of example, transfer WGT Credits or virtual items by intentionally throwing a game or losing a game. Without limiting WGT's rights and remedies, WGT may terminate your Account and any other user Accounts involved in any such violation of the foregoing prohibitions.
You agree to defend, indemnify, and hold harmless WGT and its affiliates, representatives, partners, agents, and employees from and against any and all liabilities, claims, costs, and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site and/or the Application or breach of these Terms.
20. Disclaimer of Warranty
You acknowledge and agree that the Application may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by WGT and agree that WGT does not warrant the accuracy or timeliness of the Materials and further agree that WGT has no liability for any errors or omissions in the Materials, whether provided by WGT or its licensors.
WGT assumes no responsibility for: (i) games or tournaments that are interrupted for any reason including, but not limited to, the malfunction of computer equipment or data; (ii) activity on player accounts as a result of lost or stolen Account or password information ; (iii) the failure, interruption, technical malfunction or delay of any email or other communication to be received by WGT, for any reason; (iv) any incorrect or inaccurate information, whether caused by equipment or programming associated with or utilized in WGT or by any technical or human error which may occur in the processing of information you provide on the Site and/or the Application.
WGT also assumes no responsibility, and shall not be liable for, any malicious code, including computer viruses, that may infect your personal computer or related equipment, or any other damage to your personal computer or related equipment, as a result of your access to, use of, or browsing of the Site and/or the Application or your downloading of any materials, data, text, images, video, or audio from the Site and/or the Application.
The conditions in the game (wind, ground conditions, green speeds) may vary during play. WGT assumes no responsibility, and shall not be liable for, any outcome of a game or tournament due to these conditions.
Although WGT intends to make the Site and the Application available 24 hours per day, seven days per week, there can be no assurance that the Site and the Application will be available without interruption. WGT reserves the right to cancel, terminate or suspend the Site and/or the Application in whole or in part at any time.
WGT, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE APPLICATION, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE APPLICATION AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE APPLICATION IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT WHEN RUNNING, THE APPLICATION MAY MONITOR YOUR COMPUTER'S PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME SOFTWARE, AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY "BOT" OR "SPIDER" THAT IN WGT'S SOLE DETERMINATION ENABLES OR FACILITATES CHEATING OF ANY TYPE OR ALLOWS USERS TO MODIFY OR HACK THE GAME SOFTWARE.
22. Limitation of Liability
BY PARTICIPATING IN A CHALLENGE OR ANY GAME OFFERED THROUGH THE SITE AND/OR THE APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT THE ABILITY TO USE AND ACCESS THE SITE AND/OR THE APPLICATION INVOLVES TRANSMISSIONS OVER VARIOUS NETWORKS AND THAT SUCH ABILITY MAY BE IMPACTED BY THE TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. WGT IS NOT RESPONSIBLE FOR INCORRECT OR INACCURATE TRANSMISSION OF INFORMATION, FOR PROBLEMS RELATED TO ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH THE SITE AND/OR THE APPLICATION, A GAME, OR A CHALLENGE, FOR ANY HUMAN ERROR, FOR ANY INTERRUPTION, DELETION, OMISSION, DEFECT, OR LINE FAILURE OF ANY TELEPHONE NETWORK OR ELECTRONIC TRANSMISSION, FOR PROBLEMS RELATING TO COMPUTER EQUIPMENT, SOFTWARE, INABILITY TO ACCESS THE SITE AND/OR THE APPLICATION OR YOUR ONLINE SERVICE, OR FOR ANY OTHER TECHNICAL OR NON-TECHNICAL ERROR OR MALFUNCTION.
NEITHER WGT NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE AND/OR THE APPLICATION, OR ANY EXTERNAL WEB SITES LINKED TO THE SITE AND/OR THE APPLICATION, OR THE MATERIALS ON THE SITE AND/OR THE APPLICATION, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF WGT WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
23. Dispute Resolution/Binding Arbitration/Class Action Waiver
This section shall apply to the maximum extent permitted by applicable law. IN PARTICULAR, IF YOU LIVE IN THE PROVINCE OF QUEBEC (CANADA) OR THE EUROPEAN UNION, THIS SECTION DOES NOT APPLY TO YOU.
If the parties are unable to mutually resolve your concerns and a dispute remains between you and WGT, this section explains how the parties have agreed to resolve it.
A. Must Arbitrate All Claims Except IP, Unauthorized Use, Piracy, or Theft
YOU AND WGT AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF WGT, THE APPLICATION, THE SITE, YOUR ACCOUNT, HARDWARE OR THE CONTENT AND SERVICES. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, AND INCLUDES ALL CLAIMS BROUGHT ON BEHALF OF ANOTHER PARTY.
However, this section does not apply to the following types of claims or disputes, which you or WGT may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy, or theft.
This section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from WGT for you.
YOU UNDERSTAND THAT YOU AND WGT ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
B. Try to Resolve Dispute Informally First
You and WGT agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and WGT do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or WGT may commence an arbitration. Written notice to WGT must be sent via postal mail to 8750 N. Central Expressway, Suite 1200, Dallas, TX 75231; Attention: Legal Department
C. Arbitration Rules and Fees
The U.S. Federal Arbitration Act applies to this section as far as your country's laws permit. The arbitration will be governed by the Consumer Arbitration Rules (or the Commercial Arbitration Rules if the Consumer Arbitration rules are inapplicable) of the American Arbitration Association ("AAA") as modified by this Agreement. Rules are available at www.ADR.org. The arbitrator is bound by the terms of this Agreement. The AAA will administer the arbitration. Outside the U.S., WGT will select a neutral arbitration provider that uses these or similar rules. It may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.
D. Individual Binding Arbitration Only
YOU AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, WHISTLE BLOWER ACTION, OR CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION, EVEN IF AAA's RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY'S INDIVIDUAL CLAIM. You also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
This Agreement does not permit class, collective, or representative arbitration. A court has exclusive authority to rule on any assertion that it does.
E. What Happens if Part of this Section Is Found Illegal or Unenforceable
If any part of this section (Dispute Resolution/Binding Arbitration/Class Action Waiver) is found to be illegal or unenforceable, the rest will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class, collective, or representative arbitration, all of this section will be unenforceable, and the claim or dispute will be resolved in court.
WGT controls and operates the Site and the Application from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use the Site and/or the Application from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by California law and United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with the Site and/or the Application only in the federal and state courts located in San Francisco County, California. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of WGT to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WGT in writing. The Terms comprises the entire agreement between you and WGT and supersede all prior or contemporaneous negotiations, discussions, or agreements, if any, between the parties regarding the subject matter contained herein.