Exobia Legal Services 
Premier Legal Advice in the 
International Gaming Industry!

Terms of Service & 
Legal Disclaimer

PLEASE READ THIS WEBSITE USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE

This Website Use Agreement ("Agreement") informs Client/Visitor of the terms, conditions, disclaimers, notices and policies (collectively, "Terms") that apply to Client/Visitor’s use of the EXOBIA LEGAL SERVICES, ("ELS") website ("Site"). This Agreement is a binding contract between Client/Visitor and ELS. By accessing, browsing and/or using this Site Client/Visitor signify to ELS that Client/Visitor has read, understood and agrees to be bound by the Terms and all applicable laws and regulations. If Client/Visitor does not agree to these Terms, Client/Visitor must not use this Site.


OWNERSHIP OF WEBSITE AND CONTENTS
Unless otherwise stated, all materials contained on the ELS Site, including the text, graphics, photographs, button icons, audio and video, digital downloads, data compilations and software, are copyrighted property owned by ELS or licensed by ELS from third-party providers. The trademarks displayed on this Site are the registered and common law trademarks of ELS and various third parties. All rights are protected under applicable copyright and trademark laws. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any permission, license or right to use any of the copyrighted property or trademarks without the written permission of ELS. As a condition of Client/Visitor’s use of this Site, Client/Visitor agrees that use of or reliance on any content or feature of this cite confers no rights or expectations on Client/Visitor’s behalf. ELS reserves the right, at its sole discretion, to modify, suspend or terminate any or all content or features of this Site without notice or liability of any kind to Client/Visitor. ELS further reserves the right, at its sole discretion, to restrict or terminate Client/Visitor’s access to the Site without notice or liability of any kind to Client/Visitor and for any reason whatsoever.

MODIFICATION OF TERMS
ELS reserves the right, at its sole discretion, to modify the Terms at any time and from time to time. Client/Visitor is responsible for regularly reviewing these terms, conditions and notices. Client/Visitor’s continued use of this Site constitutes Client/Visitor’s acceptance of any modification that may be made.

PERSONAL USE OF SITE ONLY
Client/Visitor may only use this Site for Client/Visitor’s personal notification and awareness of ELS’s Terms and Conditions, Disclaimers, and Policies and not for any commercial purpose. Client/Visitor may not modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, license, create derivative works from, transfer, or sell any information, documentation, or services obtained from this Site. The use of any such information, documentation, or services on any other electronic and/or digital medium is forbidden.


UNLAWFUL USE OF SITE FORBIDDEN

Client/Visitor may not use this Site for any purpose that is unlawful, prohibited by the Terms, or in any way interferes or attempts to interfere with the proper working of this Site. Client/Visitor may not use this Site in any manner that could damage, disable, overburden, or impair this Site, or that interferes with any other party’s use and enjoyment of this Site. Client/Visitor may not obtain or attempt to obtain any materials or information through any means not intentionally made available by ELS to all users of this Site.

LINKS
This Site may contain links to other web sites which are provided solely as a convenience to Client/Visitor and not as an endorsement by ELS of the contents of such other web sites. ELS shall not be responsible for the content of any other web sites and it makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If Client/Visitor decides to access other web sites, Client/Visitor does so at Client/Visitor’s own risk.

DISCLAIMER/LIMITATION OF LIABILITY
CLIENT/VISITOR EXPRESSLY AGREES THAT THE USE OF THE ELS SITE IS AT CLIENT/VISITOR’S SOLE RISK. THIS SITE, ALL MATERIALS ON THIS SITE, AND ALL PRODUCTS AND SERVICES OFFERED VIA THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ELS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEITHER ELS NOR ANY OF OUR RESPECTIVE AFFILIATES OR SUBSIDIARIES WARRANT THAT ANY FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER ELS NOR ANY OF OUR RESPECTIVE AFFILIATES OR SUBSIDIARIES WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SERVICES, PRODUCTS OR MATERIALS ON THIS SITE WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CLIENT/VISITOR ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO CLIENT/VISITOR’S SYSTEM. ELS DOES NOT WARRANT THAT CLIENT/VISITOR WILL BE FREE FROM THE BEHAVIOR OF OTHERS CLIENT/VISITOR MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE USING THE SITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ELS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, REGARDLESS OF WHETHER ELS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT LIABILITY IS FOUND DESPITE THIS PARAGRAPH, THE TOTAL LIABILITY OF ELS AND/OR ANY OF ITS AFFILIATES OR SUBSIDIARIES TO CLIENT/VISITOR OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE SHALL BE LIMITED TO $1 U.S.  


INDEMNIFICATION
Client/Visitor hereby agrees to indemnify and hold harmless ELS, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of Client/Visitor’s breach of this Agreement.


GENERAL
This Agreement is governed by the laws of The Netherlands. Client/Visitor hereby consents to the exclusive jurisdiction and venue of courts in Amsterdam in all disputes arising out of or relating to the Agreement or Client/Visitor’s use of this Site. Client/Visitor agrees that no joint venture, partnership, employment, or agency relationship exists between Client/Visitor and ELS as a result of this Agreement or use of this Site. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire understanding between Client/Visitor and ELS with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Client/Visitor and ELS with respect to this Agreement. 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.


COPYRIGHT AND TRADEMARK NOTICES
All content of the Site is Copyright © 2007 EXOBIA LEGAL SERVICES, and or its suppliers. EXOBIA LEGAL SERVICES and the EXOBIA LEGAL SERVICES logo are the registered trademarks of EXOBIA LEGAL SERVICES, BV. All rights not expressly granted by this Agreement are reserved.

ELS PROPRIETARY OWNERSHIP OF DOCUMENTS

ELS' proprietary ownership of the documents it creates for Clients is protected under Dutch law as Know-How. Client and/or Visitor agree to compliance with the terms and conditions of the Agreement, including the following:
 

Client (Visitor) will not nor will Client (Visitor) allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the Documentation exclusively drafted by ELS and exclusively delivered to Client; (ii) rent, lease, sell, assign or otherwise transfer rights in or to the Documentation; or (iii) post, transmit or introduce any Documentation via any medium which interferes or attempts to interfere with the operation of ELS’s Service. Client will use the Documentation solely for Client’s own personal use, and will not make Documentation available for file-sharing, use by another service provider or service bureau, or for profit that is not solely within the Documentation’s purpose. Client (Visitor) will comply with all applicable laws and regulations in use of and access to the Documentation.
 

Client (Visitor)’s failure to comply with the terms of this Agreement will be deemed a BREACH OF CONTRACT AND ELS WILL TAKE ANY AND ALL IMMEDIATE LEGAL ACTION AVAILABLE TO IT. 

CLIENT PAYMENT POLICIES

ELS may change its fees and payment policies for the Service from time to time including but not limited to the addition of costs for travel and accommodation or other fees charged to ELS or its wholly-owned subsidiaries by 3rd party vendors. The changes to the fees or payment policies are effective upon Client’s acceptance of such changes which will sent via email, fax, or post. Unless otherwise stated, all fees are quoted in Euros. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any collection expenses (including attorneys' fees) incurred by ELS will be included in the amount owed. Any and all bank fees associated with payments by bank transfers are wholly at the expense of Client. Payments by wire, check (personal or cashier’s), money order, or credit union ARE NOT ACCEPTED.

 

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