Terms & Conditions

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS"), THE PRIVACY POLICY, COMMUNITY GUIDELINES, AND ANY APPLICABLE CONTEST RULES, GOVERN YOUR USE OF THE MOBILE DEVICE SOFTWARE APPLICATION AND RELATED SERVICES (THE "APPLICATION SERVICE") PROVIDED BY WORLD GOLF TOUR, INC. DBA WGT SPORTS ("WGT") AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE APPLICATION SERVICE. YOUR USE OF THE APPLICATION SERVICE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. WGT RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME AND WE SHALL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON OR WITHIN THE APPLICATION SERVICE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE APPLICATION SERVICE SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

NOTE: YOUR ENTRY IN ANY CONTEST THROUGH THE APPLICATION SERVICE IS SUBJECT TO THE RULES THAT ARE AVAILABLE FOR EACH INDIVIDUAL CONTEST. RULES MAY VARY DEPENDING ON THE CONTEST. THE RULES FOR EACH CONTEST ARE ACCESSIBLE ON BOTH THE CONTEST INFORMATION PAGE AND WITHIN THE GAME ITSELF.

YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE APPLICATION SERVICE, AND BY USING THE APPLICATION SERVICE YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE. IN ADDITION TO COMPLYING WITH THESE TERMS, YOU ARE RESPONSIBLE FOR COMPLYING WITH THE TERMS OF SERVICE RELATING TO THE APPLICABLE MOBILE DEVICE THAT YOU OWN OR CONTROL AND USE TO ACCESS THE APPLICATION SERVICE (THE "LICENSED DEVICE") AND THE TERMS OF SERVICE OF ANY SOCIAL NETWORKING SITE OR OTHER SITE YOU USE TO CONNECT TO THE SERVICE ("SOCIAL SITE"). TO USE THE APPLICATION SERVICE, YOU MAY ALSO BE REQUIRED TO HAVE A VALID ACCOUNT BOTH WITH YOUR LICENSED DEVICE PROVIDER AND, IF YOU ACCESS THE APPLICATION SERVICE THROUGH A SOCIAL SITE, WITH THE APPLICABLE SOCIAL SITE.

General Use Restrictions

All information, documents, products, software, games and services provided through the Application Service, including trademarks, logos, graphics and images (the "Materials") are licensed, not sold to you by WGT or WGT's licensors or partner entities solely for use on your Licensed Device, as applicable. WGT grants you the limited right to display the Materials only on such Licensed Device, provided that such display is solely for your personal or internal informational use. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. A subcategory of the Materials is software ("Game Software") and in addition to the license grant set forth above in this section, WGT grants you the limited right to access the Game Software solely for your noncommercial use in connection with your use of the Application Service. The foregoing limited license terminates automatically, without notice to you, if you breach any of these Terms. The Application Service provides a dynamic interactive environment for virtual sports game play. You acknowledge and agree that in the course of providing this dynamic environment, WGT will, without providing notice, be making ongoing modifications and improvements to the Game Software from time to time in the course of the operation and development of the Application Service. Such changes may affect the performance and interaction of individual components of the games, performance of virtual items, contests and challenges available through the Application Service. 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 common 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 Materials on any legal basis, without the advance written authorization of WGT. You agree that you shall not, under any circumstances:

  1. rent, lease, lend, sell, redistribute or sublicense the Application Service;
  2. copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application Service, any updates or any part thereof;
  3. exploit the Application Service or any of its parts, including without limitation the Game Software, for any commercial purpose, including without limitation use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of WGT;
  4. host, provide or develop matchmaking services for the Application Service 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 Service, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over a network, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; or
  5. extract content or data from the Application Service through data mining, robots, scraping or similar data gathering or extraction methods.

WGT Credits and In-App Purchases

Within the Application Service, WGT may offer the ability to obtain in-game currency, gold or coins (either for purchase or for free, at WGT's discretion) that enable you to participate in games within the Application Service and purchase virtual merchandise and other items through the Application Service (the "WGT Credits"). By purchasing WGT Credits, WGT is granting you a limited license right to utilize certain features of the Application as allowed by WGT. WGT Credits do not have monetary value 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.

In-Game Skill Based Competitions

As part of regular WGT game play, WGT may sponsor and give you the opportunity to earn WGT Credits in certain in-game skill-based daily, monthly and/or weekly competitions ("Competitions"). No purchase or payment is necessary to participate in such Competitions. The odds of earning WGT Credits in Competitions depend on the number of eligible participants in and their relative skill in the Competitions. Competitions 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. 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 earn 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 earn the WGT Credits.

Third Party Content

Third parties may provide certain information and content to WGT ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. WGT DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Third Party Advertisements

You understand that the Application Service and WGT games may feature advertisements from WGT or third parties. WGT's disclosure of information for third party advertising is addressed in WGT's Privacy Policy.

Links To Third Party Sites

The Application Service may provide links to other Web sites or resources over which WGT does not have control ("External Web sites"). Such links do not constitute an endorsement by WGT of those External Web sites. You acknowledge that WGT is providing these links to you only as a convenience, and further agree that WGT is not responsible for the content of such External Web sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

Password Restricted Areas and Usernames

The Application Service may require you to establish an account with WGT ("User Account"). In such cases, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. In addition, certain areas of the Application Service 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 User 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 User Account. You agree to immediately notify WGT of any unauthorized use of your User Account or any other breach of security in relation to the Application Service known to you. When you choose a username or otherwise create a label that can be seen by other players using the Application Service, 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 Application Service.

In particular, you may not use any name:

  1. 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;
  2. That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
  3. Subject to the rights of any other person or entity without written authorization from that person or entity;
  4. 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;
  6. Taken from WGT's products;
  7. Related to drugs, sex, alcohol, or any criminal activity;
  8. 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 at WGT may have only one User Account. If you wish to create a new User Account, please contact us at members@wgt.com. If WGT determines that you have more than one User Account, all Accounts created subsequent to the first User Account may be automatically terminated without notice. Continued violation of the Terms, including the creation of more than one User Account, may result in the termination of all of your User Accounts. Your User Account is non transferable. You may not allow any other person to use your User Account to access the Application Service, participate in any game, or to accept any winnings related to your User Account.

Posting Etiquette

WGT asks that you respect our community of users and other individuals. When using the Application Service and/or the services, you agree not to:

This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require WGT to monitor or remove any 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 which are based on or relate to communications or materials made available through the Application Service or posted on the Application Service 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 Application Service.

Term and Termination

WGT reserves the right to terminate your access to your User Account, your ability to access and post within the Application Service 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 Application Service, services or to any other user of the Application Service and/or services.

YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE APPLICATION SERVICE, 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 APPLICATION SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND APPLICATIONS AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE APPLICATION SERVICE 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 Application Service or a particular game or part of the service within the Application Service at any time, at which point your license to use the Application Service, 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 Application Services.

Termination of your User Account can include disabling your access to the Application Service and services 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.

Payments and Billing

FEES YOU PAY WGT TO ENTER CONTESTS, PURCHASE IN-APP ITEMS, OR TO OBTAIN ANY OTHER SERVICE OR GOODS, 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 ITEMS 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 to obtain timely notice of such changes. Your continued use of the Application Service 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.

Fees you incur will be charged to you by way of the account you hold with your Licensed Device provider and you are responsible for all charges so incurred.

By creating a User Account within the Application Service, you consent to receiving electronic communications from WGT and its partners and affiliates. These electronic communications are part of your relationship with WGT and you receive them as part of your use of the Application Service and/or our services. 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 contributions.

Trademarks and Copyrights

The trademarks, service marks, brands, names, logos and designs ("Trademarks") of WGT or others used within the Application Service are the property of WGT or their respective owners. You may not alter any Trademark. You may not use any Trademark displayed in the Application Service without the express prior written permission of WGT or the respective owner, and nothing contained in the Application Service grants by implication, waiver, estoppel or otherwise, any right to use such Trademarks. All of the Materials appearing in the Application Service, 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.

Ownership/Selling of the Account or Virtual Items

WGT does not recognize the transfer of your User Accounts or any virtual items contained therein. You may not purchase, sell, gift or trade any User Account, or offer to purchase, sell, gift or trade any User Account 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 Application Service. 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 Application Service, or any other attributes associated with the User Account or stored in the Application Service. WGT does not recognize any virtual property transfers executed outside of the Application Service or the purported sale, gift or trade in the "real world" of anything related to the Application Service. 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 User Account, you agree that you will not transfer such WGT Credits and that you will not use such WGT Credits to engage in gambling, gaming, lottery, or betting of any kind.

Indemnification

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 Application Service or breach of these Terms.

Disclaimer of Warranty

You acknowledge and agree that the Application Service 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) Application Services that are interrupted for any reason including, but not limited to, the malfunction of your Licensed Device or data; (ii) activity on player accounts as a result of lost or stolen User Account or password information; (iii) the failure, interruption, technical malfunction or delay of any 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 the Application Service or by any technical or human error which may occur in the processing of information you provide in the Application Service.

WGT also assumes no responsibility, and shall not be liable for, any malicious code, including viruses, that may infect your Licensed Device, or any other damage to your personal computer or related equipment, as a result of your access to or use of the Application Service.

Although WGT intends to make the Application Service available 24 hours per day, seven days per week, there can be no assurance that the Application Service will be available without interruption. WGT reserves the right to cancel, terminate or suspend the Application Service 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 IN THE APPLICATION SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION SERVICE AND ANY INFORMATION OR MATERIAL CONTAINED IN THE APPLICATION SERVICE 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.

Acknowledgement

YOU HEREBY ACKNOWLEDGE AND AGREE THAT WHEN RUNNING, THE GAME SOFTWARE MAY MONITOR YOUR LICENSED DEVICE'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.

YOU FURTHER ACKNOWLEDGE THAT WGT MAY COLLECT AND USE TECHNICAL DATA AND RELATED INFORMATION, INCLUDING BUT NOT LIMITED TO TECHNICAL INFORMATION ABOUT YOUR LICENSED DEVICE, SYSTEM AND APPLICATION SOFTWARE, AND PERIPHERALS, THAT IS GATHERED PERIODICALLY TO FACILITATE THE PROVISION OF SOFTWARE UPDATES, PRODUCT SUPPORT AND OTHER SERVICES TO YOU (IF ANY) RELATED TO THE APPLICATION SERVICE. WGT MAY USE THIS INFORMATION, AS LONG AS IT IS IN A FORM THAT DOES NOT PERSONALLY IDENTIFY YOU, TO IMPROVE ITS PRODUCTS OR TO PROVIDE SERVICES OR TECHNOLOGIES TO YOU.

Limitation of Liability

BY PARTICIPATING IN A CHALLENGE OR ANY GAME OFFERED THROUGH THE APPLICATION SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE ABILITY TO USE AND ACCESS THE APPLICATION SERVICE 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 APPLICATION SERVICE, A GAME, OR A CHALLENGE, FOR ANY HUMAN ERROR, FOR ANY INTERRUPTION, DELETION, OMISSION, DEFECT, OR LINE FAILURE OF ANY TELEPHONE OR MOBILE NETWORK OR ELECTRONIC TRANSMISSION, FOR PROBLEMS RELATING TO COMPUTER EQUIPMENT, MOBILE EQUIPMENT, SOFTWARE, INABILITY TO ACCESS THE APPLICATION 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 APPLICATION SERVICE, OR ANY EXTERNAL WEB SITES LINKED TO THE APPLICATION SERVICE, OR THE MATERIALS WITHIN THE APPLICATION SERVICE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF WGT WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

General

WGT controls and operates the Application Service 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 Application Service 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 Application Service 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.