July 17, 2007
PLEASE READ THE FOLLOWING. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT USE THIS WEB SITE. YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THESE TERMS.
This Web site (this "Site") contains information related to the products and services of the Iowa Lottery Authority, an entity of the state of Iowa ("we", "us" or "our"). While these terms contain the terms and conditions applicable to your general use of this Site and the services, products and information on this Site, these terms do not contain all applicable terms, conditions, limitations or exclusions related to our products or services. When applicable, you will be prompted by this Site to additional terms and conditions.
We reserve the right, at our sole discretion, to change, suspend or terminate your use of this Site or the services, products and information on this Site at any time for any reason (including, without limitation, if we learn that you have violated these terms without notice to you. You agree that we shall not be liable to you or any third party for any change, suspension of termination of your use of this Site or the services, products and information on this Site.
Except for third party content, the contents of this Site are copyrighted by us. All rights are reserved. Except the use of widgets in accordance with the widgets' paragraph of these terms, no part of this Site or the services, products and information on this Site may be reproduced or transmitted in any form by any means without our express written permission. Without limiting the foregoing, you shall not (i) direct link, inline link, deep link, or otherwise hyperlink any page of this Site other than the home page or (ii) page-scrape, robot, spider, hack, password mine or use any similar automatic or manual program or process to use the Site. We retain and exclusively own all right, title and interest in and to our computer programs, software, and technology ("Technology"), our trademarks, trade names, brand names, logotypes, symbols, service marks, domain names, and the goodwill of the business symbolized thereby ("Trademarks") and our methodologies, processes, techniques, ideas, concepts, trade secrets and know-how ("Knowledge"), as well as our copyrights, patents, trade dress or other intellectual property rights, including, without limitations, any Technology, Trademarks, knowledge or copyrights, patents, trade dress or other intellectual property rights developed, generated or supplied by you in connection with your use of this Site and the services, products and information on this Site.
The service, products and information on this Site includes access to this Site's widget, which can be placed on personal and public pages on this Site, other Web sites that you either own or are legally permitted to access or your computer's desktop. You may not change or modify the Iowa Lottery widget or any component of the Iowa Lottery widget in whole or in part. For example, you may not remove or alter any proprietary notice or legend on the Iowa Lottery widget regarding our proprietary rights in such widget. You may also not use the Iowa Lottery widget in violation of applicable law. For example, you may not use this widget to display, transmit or otherwise provide access to any unlawful, infringing, libelous, obscene or harassing content of any kind. You acknowledge and agree that we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of this widget. To the extent that any such data or information is collected by use, we exclusively own such data or information and may use such data or information for any lawful purpose. The provisions of this paragraph are in addition to, and not intended to limit or modify, the proprietary rights paragraph of these terms.
NEITHER THE IOWA LOTTERY NOR THE STATE OF IOWA, NOR ANY OF THEIR EMPLOYEES OR AGENTS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS, FOR A PARTICULAR PURPOSE OR ASSUMED LIABILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF INFORMATION FROM THIS SERVER OR THE LINKS TO SERVERS ON THE LOTTERY'S HOME PAGE.
YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES), EVEN IF YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, DIRECTLY OR INDIRECTLY RESULTING FROM, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH: (1) YOUR USE OR INABILITY TO USE THIS SITE OR THE INFORMATION, PRODUCTS OR SERVICES ON THIS SITE; (2) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY THIRD PART CONTENT IN OUR WIDGET); OR (3) ANY OTHER MATTER RELATED TO THIS SITE OR THE INFORMATION, PRODUCTS OR SERVICES ON THIS SITE. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. OTHERWISE, THIS PARAGRAPH IS INTENDED TO BE APPLICABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Under no circumstances shall we be held liable for any delay or failure of this Site and the services, products and information on this Site directly or indirectly resulting from, arising out of, relating to or in connection with events beyond our reasonable control, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of liabilities paragraph of these terms.
You agree to indemnify and hold harmless us, our affiliates and their respective directors, officers, employees, independent contractors, agents and other representatives for, from and against any losses, liabilities, suits, claims, costs, damages and expenses (including, without limitation, reasonable attorneys' fees and expenses) directly or indirectly resulting from, arising out of, relating to or in connection with your violation of these terms or your use of this Site and the services, products and information on this Site. This paragraph is intended to be applicable to the maximum extent allowed by law.
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of these terms, in whole or in part, at any time, which shall be effective when notice of such is posted on this Site. Your continued use of this Site after such posting shall be considered acceptance of those changes, modifications, additions or removals. These terms constitute the entire agreement between you and us in connection with your use of this Site and the information, products and services provided on this Site, except for any additional terms and conditions for which you will be notified or prompted by this Site that you are agreeing to be before proceeding. Any cause of action you may have with respect to use of this Site or the information, products and services provided on this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms to be unenforceable, then such provision shall be enforced to the maximum extent permissible by law so as to effect the intent of these terms and the remainder of these terms shall continue in full force and effect. In the event of any termination of these terms, then the proprietary rights, widgets, disclaimers, limitation of liabilities, events beyond control and indemnification paragraphs set forth above and this paragraph shall survive indefinitely. This Site is controlled, operated and administered by use from our offices in Des Moines, Iowa, United States of America. As such, these terms shall be governed by the laws of the State of Iowa without giving effect to its conflict of laws principles, and you agree that all actions or proceedings instituted by you resulting from, arising out of, relating to or in connection with use of this Site, the information, products and services provided on this Site or these terms shall be tried and litigated exclusively in the State and Federal courts located in Polk County, Iowa, United States of America.