Sega Amusements USA, Inc Web Site Terms of Service

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Last Updated: May 31, 2006

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE SITE (AS DEFINED BELOW) CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.

These terms of service (the "Agreement") is between you ("you") and Sega Amusements USA, Inc. ("Sega," "we," "us"), concerning your use of the Internet world wide web sites currently located at http://www.segaarcade.com, http://www.sau.sega.com, http://www.sauservice.com, http://www.seuservice.com, http://www.saupartsonline.com, http://www.sammyusa.com, http://segaallnet.com, http://segaamusements.com, http://segaprizeusa.com, http://segatoyusa.com, and http://www.extremehunting.net (collectively, and together with any successor site(s) and all Services (as defined below), the "Site").

1. Acceptance of Terms. The Site is made available by Sega subject to the terms of this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, posting the revised draft of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. When using any Services (as defined in Section 2 below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any parent, subsidiaries, sponsors, affiliated companies, vendors or licensors (collectively, "Affiliated Entities") shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

If you have any questions regarding the meaning or application of this Agreement, please direct such questions to marketing@sau.sega.com.

2. Description of the Services. We provide users of the Site with access to specialized content and services related to our arcade games, including without limitation, purchasing products and services; information about our distributors and service providers; manuals and brochures for our games; information regarding prizes; other information about our games and online tournaments, contests, sweepstakes and other activities and events sponsored by Sega and the Affiliated Entities (such content and services, collectively, the "Services"). All content and services made available through the Site that were not made available as of the "LAST UPDATED" date above, shall automatically be deemed to be part of the Services when they are first made available through the Site.

3. Information Submitted Through the Site. Your submission of information through the Site is governed by Sega's Privacy Policy, which is located at http://www.sau.sega.com/privacypolicy (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy. You represent and warrant that any information you provide in connection with your use of the Site is true, accurate, and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and/or refuse to provide Services to you.

4. Rules of Conduct. While using the Site you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section.

You agree not to:

Post, transmit, or otherwise make available, through or in connection with the Site:

Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.

Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."

Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.

Any material, non-public information about a company without the proper authorization to do so.

Use the Site for any fraudulent or unlawful purpose.

Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Site.

Impersonate any person or entity, including without limitation any representative of Sega or an Affiliated Entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.

Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).

Use the Site to advertise or offer to sell or buy any goods or services for any business purpose, without Sega's express prior written consent.

Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.

Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

Frame or mirror any part of the Site without Sega's express prior written consent.

Create a database by systematically downloading and storing Site content.

Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without Sega's consent.

Additionally, you acknowledge and agree that you (and not Sega) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.

5. Registration; User Names and Passwords. You may be required to register with Sega in order to access certain Services or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify Sega of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

6. Purchases. Descriptions and images of, and references to, products or services on the Site (for example, the merchandise and prizes available for view on the Site) do not imply Sega's or any Affiliated Entity's endorsement of such products or services. Sega reserves the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and/or to refuse to provide any user with any product or service. Price and availability of any product or service offered through the Site are subject to change without notice.

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. Any such information provided through the Site will be treated by Sega in accordance with the Privacy Policy. By submitting such information, you grant Sega the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Refunds and exchanges will be subject to Sega's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions, and you agree that such taxes, if any, and the reporting of any such taxes, are not the responsibility of Sega.

7. Rules for Sweepstakes, Contests, Raffles and Similar Promotions. Any sweepstakes, contests, raffles or similar promotions made available through the Site will be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, raffle or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Sega urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities.

8. Sega's Proprietary Rights. The Services, the information and materials made available through the Site, and all software used to make the Site available are and shall remain the property of Sega and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Sega to access and use the Site, you may download, view and print one (1) copy of any content on the Site to which we provide you access, on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized herein or in writing in advance by Sega, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any Services, all or any part of the Site, or any materials made available through the Site.

Sega's trade names, trademarks and service marks include without limitation "WWW.SAU.SEGA.COM," "Sega Amusements, USA," "SEGA," and any associated logos. All trademarks and service marks on the Site not owned by Sega are the property of their respective owners. The trade names, trademarks and service marks owned by Sega, whether registered or unregistered, may not be used in connection with any product or service that is not Sega's. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Sega trade names, trademarks or service marks without our express prior written consent.

9. Third Party Web Sites; Links. The Site may provide links to other web sites and online resources. Because Sega has no control over such sites and resources, you acknowledge and agree that neither Sega nor the Affiliated Entities are responsible for the availability of such external sites or resources, or endorse or are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Sega and the Affiliated Entities do not endorse such sites, and are and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Sega shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

10. Limitations of Liability and Disclaimer of Warranties. THE SITE (INCLUDING WITHOUT LIMITATION THE SERVICES) AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE.

SEGA AND THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NEITHER SEGA NOR ANY AFFILIATED ENTITY WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE OR SERVICES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER SEGA NOR ANY AFFILIATED ENTITY WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY SEGA OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. SEGA'S MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING UNDER OR RELATING TO THIS AGREEMENT AND/OR YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS AND USE THE SITE.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at webmaster@sau.sega.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

11. Indemnity. You agree to defend, indemnify and hold harmless Sega and the Affiliated Entities, and their respective directors, officers, employees, agents, shareholders, licensors, sponsors and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you or through your account; or (c) any allegation that any materials that you make available through the Site or Services infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

12. Termination. This Agreement is effective until terminated. You agree that Sega, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation if Sega believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Sega may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Sega and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

13. Jurisdictional Issues. The Site is controlled and operated by Sega from the United States, and is not intended to subject Sega or any Affiliated Entity to the laws or jurisdiction of any state, country or territory other than that of the United States. Sega does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

14. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Netparents.org website at: http://www.netparents.org/parentstips/browsers.html.

15. Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to webmaster@sau.sega.com. You may also contact us by writing to Sega Amusements USA, Inc. 800 Arthur Avenue, Elk Grove Village, IL 60007, or by calling us at (888) 877-2669. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

16. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Sega. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Sega relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Sega relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Sega's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.