LEGENDS GAMING, LLC WEBSITE USER AGREEMENT

TERMS AND CONDITIONS

YOUR ACCESS TO WWW.LEGENDSGAMING.COM (THE “WEBSITE”) IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS WEBSITE USER AGREEMENT (THIS “AGREEMENT”). PLEASE READ THIS AGREEMENT CAREFULLY.

In this Agreement, “We,” “us,” and “our” refers to Legends Gaming LLC, its affiliates and subsidiaries (“Legends Gaming”), and “You” and “your” refers to each visitor to this Website.

This Agreement is a legal agreement between you and Legends Gaming. By using this Website, you are agreeing to be bound and abide by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not use this Website. If you have any questions about this Agreement, contact us by sending an email to [email protected].

CHANGES TO THIS AGREEMENT

We may change the terms and conditions of this Agreement at any time, without prior notice.

USE OF THE WEBSITE

You may only use this Website in accordance with the terms of this Agreement and all applicable laws, rules and regulations. Legends Gaming may, in its sole discretion and at any time, discontinue this Website, or any part thereof, with or without notice. You agree that you do not have any rights in this Website and that Legends Gaming will have no liability to you if this Website is discontinued or your ability to access it is terminated.

SITE CONTENT

All information and materials, including, but not limited to, publications, images, drawings, illustrations, designs, icons, photographs, video clips, audio clips, and other materials that appear as part of this Website (collectively, the “Content”) are copyrights, trademarks, trade dress, and/or other intellectual property rights and licenses held by us, one of our affiliates, or by third parties who have licensed their materials to us. The entire Content of this Website is copyrighted as a collective work under U.S. copyright laws and other applicable copyright laws.

The Content, and this Website as a whole, are intended solely for personal, noncommercial use by the users of our Website. For purposes of this Agreement, “personal, noncommercial use” means that you may download, print, and store the Content and downloadable materials displayed on this Website, for your internal business use only. No right, title, or interest in any downloadable materials or software is transferred to you as a result of any such downloading or copying. We reserve complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not, and you will not allow any third party to reproduce, duplicate, copy, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way, in whole or in part, any of the Content, this Website, or any related software without our express prior written consent.

SUBMISSIONS

Should you submit to this Website any information or materials regarding this Website or the Content, including feedback data, questions, comments, suggestions, or the like (collectively, “Comments”), such Comments shall be deemed to be non-confidential and Legends Gaming shall have no obligation of any kind with respect to such information. To learn more about how we use the information you provide to us, please refer to privacy policy for the terms of our online privacy policy. Your submission of any Comments shall constitute an assignment to us of all worldwide rights, title, and interest in all copyrights and intellectual property rights in the Comments. We will be entitled to use, reproduce, disclose, publish, and distribute any Comments you submit, without restriction and without compensating you in any way. Legends Gaming shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.

You agree that no Comments submitted by you to this Website will violate any rights of any third party, including copyright, trademark, privacy, confidentiality, or other personal or proprietary rights. You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Comment you make.

LINKS

Through this Website, you may be able to access links to other websites. Because we have no control over other such sites, you acknowledge and agree that we are not responsible for, and have no liability with respect to, the availability (or unavailability) of such sites, for the treatment of your personally identifiable information by such sites, or for the information, products, content, or other materials on or available from such sites or resources. If you would like information on any other site’s privacy policy, you should contact that party directly.

NO WARRANTY

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE FEATURES PROVIDED AND THE INFORMATION CONTAINED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FURTHERMORE, WE MAKE NO WARRANTY WITH RESPECT TO ANY CONTENT PROVIDED THROUGH OR IN CONJUNCTION WITH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY AS TO THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF ANY INFORMATION OR COMMUNICATION OBTAINED THROUGH USE OF THIS WEBSITE AND SHALL NOT BE LEGALLY RESPONSIBLE FOR: (A) ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY SUCH INFORMATION; (B) ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY INFORMATION RELATED TO THE WEBSITE; (C) LOSSES OR DAMAGE ARISING FROM THE USE OF THE INFORMATION OBTAINED THROUGH USE OF THE WEBSITE; OR (D) ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WEBSITE OR OF YOUR ABILITY TO ACCESS IT.

WE ALSO DISCLAIM ANY WARRANTY THAT (1) THIS WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THIS WEBSITE’S OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND (3) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGE OR LOSS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, THAT YOU MAY INCUR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THIS WEBSITE; (B) ANY OTHER MATTER RELATING TO THIS WEBSITE; (C) YOUR DOWNLOADING ANY INFORMATION, SOFTWARE, OR OTHER MATERIALS THROUGH THIS WEBSITE; OR (D) ANY CLAIM OR CAUSE OF ACTION BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD RESPONSIBLE OR LIABLE FOR DAMAGE OR LOSS ARISING FROM ACCESS OF THE DATA STORED OR COMMUNICATED THROUGH THIS WEBSITE BY THIRD PARTIES THROUGH ILLEGAL OR ILLICIT MEANS, INCLUDING, BUT NOT LIMITED TO, SITUATIONS WHERE SUCH DATA IS ACCESSED THROUGH THE EXPLOITATION OF SECURITY GAPS, WEAKNESSES, OR FLAWS (WHETHER KNOWN OR UNKNOWN TO US AT THE TIME) THAT MAY EXIST IN THE WEBSITE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify, defend and hold Legends Gaming, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from and against any and all claims, demands, losses, and expenses, including penalties, interest, and attorneys’ fees, incurred by us in connection with any claim made by any third party due to or arising out of your Comments, your use of this Website, including any use by your employees, your connection to the website, your violation of the terms of this Agreement, or your violation of any rights of another, including, but not limited to, intellectual property rights.

You agree to defend, indemnify, and hold us harmless from and against any and all claims, demands, losses, and expenses, including penalties, interest, and attorneys’ fees incurred by us in connection with your breach of this Agreement or use of this Website, including, but not limited to, your violation or infringement of copyrights, trademarks, or any other proprietary rights.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Legends Gaming and governs your use of this Website, superseding any prior agreements between you and Legends Gaming on the subject matter (including, but not limited to, any prior versions hereof). You also may be subject to additional terms and conditions that may apply when you use other Legends Gaming services, third-party content, or third-party software. The failure of Legends Gaming to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such rights or provisions. If a court of competent jurisdiction finds any provision of this Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Illinois law and controlling U.S. federal law govern any action related to this Agreement, without regard to the principles of choice of law. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. Legends Gaming controls and operates this Website from its corporate headquarters in Frankfort, Illinois in the United States of America and makes no representation that this Website is appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.