AINSWORTH WEBSITE TERMS OF USE

Ainsworth Game Technology, Ltd. and its group companies (hereinafter referred to as “Ainsworth,” “us,” “we,” “our,” or “Company”) created these Terms of Use to apply to all users of this website (https://www.agtslots.com/) and all digital assets contained or offered therein (“Website”) (collectively, our “Services”). This website is an official website of Ainsworth Game Technology Ltd and its group companies, and all intellectual property rights such as copyright remain with Ainsworth.

Commercial reproduction, distribution or transmission of any part or parts of this website or any information contained therein by any means whatsoever for any purpose other than downloading and printing Ainsworth documents for the purposes of customer information without the prior written permission of Ainsworth is not permitted.

BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED BELOW, AND THE PRIVACY POLICY. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THE WEBSITE. DO NOT ACCESS THIS WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS.

These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.

Unauthorized use of Ainsworth's website and systems including but not limited to unauthorized entry into Ainsworth's systems, misuse of passwords, or misuse of any information posted to a website, is strictly prohibited.

Web Content and Materials

The information on this website is for information purposes only. It is believed to be reliable, but Ainsworth does not guarantee or warrant its completeness, timeliness or accuracy.

Certain parts of this website may require you to register information with Ainsworth as a condition of access to them. You must supply accurate and truthful information when requested by Ainsworth. You indemnify Ainsworth for any liability, loss or damage of any kind, including costs and expenses, resulting from your failure to properly provide accurate and truthful information for the purpose of registration with Ainsworth or this site. Ainsworth abides by applicable privacy laws. Please see our Privacy Policy for details.

Access to and use of restricted and password protected areas on our website are also strictly restricted to authorised users over the age of 18 years old (or the legal age in your country of residence). Please do not share your password with any third party as you will be solely responsible and liable for all activities conducted under your password.

Ainsworth reserves the right to refuse you access to this site or to limit or customise, in any way, the parts of this site to which you are given access.

The information and materials contained in this website - and the terms and conditions of the access to and use of such information and materials - are subject to change without notice. Ainsworth has the right to change, add to or remove any information or any product or service from this site at any time, without notice to you. Note that not all the products shown on this site are available in all jurisdictions.

You agree that: (i) you will not engage in any activities related to the website that are contrary to applicable law, regulation or the terms of any agreements you have with Ainsworth and (ii) in circumstances where locations of the website require identification for access, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorised individuals and you will not permit or facilitate access to such areas requiring identification for access, to persons that offer competing products or services to those offered by Ainsworth.

Ainsworth or their suppliers may discontinue or make changes in the information, products, or services described herein at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and Ainsworth does not undertake any obligation or responsibility to update or amend any such information.

Availability of Internet website

By offering this website and information, products, or services via the website, no distribution or solicitation is made by Ainsworth to any person to use the website or such information, products, or services in jurisdictions where the provision of the website and such information, products, services is prohibited by law.

Access to the website may from time to time be unavailable, delayed, limited or slowed due to matters that are outside Ainsworth’s control.

If access to the website is unavailable, delayed or limited for any reason, or if this website does not operate quickly or efficiently, you may be unable to transmit your instructions, transactions and other matters, or such instructions may not be promptly executed, or you may be unable to retrieve information on a timely basis.

Accordingly, you agree that you will not use the website for the communication of any instructions to Ainsworth that are critical or time sensitive. Ainsworth will not be required to act upon any such types of instructions and will not be liable for any actions taken or omissions to act as a result of any communication from the website message you send to Ainsworth. If your operations depend on such communications with Ainsworth, and such communications are disrupted or delayed, you may suffer losses.

You agree to be solely responsible for the installation, operation and maintenance of the hardware and software necessary to access the website.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services or its related content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful or prohibited acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Services including our website (or related website, other websites, or the Internet) or Services; (h) to collect or track the personal information of others; (i) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape, or facilitate the use of any malware or ransomware; (j) for any damaging, obscene or immoral purpose; (k) to interfere with or circumvent the security features of the website (or related website, other websites or the Internet) and/or Services, including those to prevent copying of content or that limit use; (l) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (m) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (n) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (o) use a buying agent or purchasing agent to make purchases on the website; (p) use the Services to advertise or offer to sell goods and services; (q) engage in unauthorized framing of or linking to the Services; (r) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (s) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services; (t) sell or otherwise transfer your profile; (u) use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise; (v) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (w) copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (y) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (z) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or (aa) in any way that may be deemed a breach or violation of any of our Terms or Privacy Policy. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

Warranty Disclaimer & Limitation of Liability

OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES AND/OR OUR LITERATURE.

IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.

Links to other websites

Links to non-Ainsworth websites are provided solely as pointers to information on topics that may be useful to users of the Ainsworth website, and Ainsworth has no control over the content on such non-Ainsworth websites. If you choose to link to a website not controlled by Ainsworth, Ainsworth does not make warranties, either express or implied, concerning the content of such websites, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor does Ainsworth warrant that such websites or content are free from any claims of copyright, trademark, or other infringement of the rights of third parties, or that such websites or content are devoid of viruses or other contamination.

Ainsworth does not guarantee the authenticity of documents on the Internet. Links to non-Ainsworth websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such websites, or any representation regarding the content at such websites.

Content Ownership

The products, trademarks, logos and trade names depicted in this website including but not limited to all design, text, sound recordings, and images are owned by and are proprietary to Ainsworth save for any trade marks, logos and brand names of third party licensors.

Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without Ainsworth's prior written consent.

You are granted a limited licence to download the materials contained on this website for the sole purpose of printing hard copy/ies of promotional materials to be used solely for customer information purposes on the proviso that all of Ainsworth’s documents that are downloaded and printed, including any copyright, trademark and other proprietary notices, remain unchanged and are left intact. Use of the materials contained on this website on any other internet site or publication is strictly prohibited.

The grant of this limited licence is conditional upon your agreement to and compliance with all these terms of use. Any other use of any of the materials on this website including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without the prior written permission of Ainsworth is strictly prohibited and is a violation of Ainsworth’s (and/or its licensor/s) intellectual property rights.

If you download any software from this website, the software, including but not limited to any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”), the downloading of any such Software shall be subject to the limited licence set out above.

Ainsworth and/or their respective licensors (as the case may be) shall retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software nor alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works therefrom other than to the extent permitted by applicable law. In addition, you will not use (other than to the extent permitted by applicable law) any Software or other materials (of whatever nature) contained or capable of being downloaded from the website to develop, design, produce, manufacture, sell and/or distribute any product of whatever nature nor will you permit any third party to do any of the above

You grant Ainsworth an irrevocable licence to use, reproduce, modify and sublicense, for any purpose and in any way without any restriction, any material you post onto or otherwise transmit to this site.

You acknowledge and warrant to Ainsworth that any information you post on or transmit to this site:

• Is not confidential and does not breach any confidentiality rights or the intellectual property rights of any other person; and • Does not expose Ainsworth to any civil, criminal or quasi criminal liability under any applicable laws.

You must promptly notify Ainsworth of any information which might limit Ainsworth's right to use information posted to or transmitted to this site by you as soon as you become aware of that information.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

A. Arbitration Notice
You and Ainsworth agree that if there is any dispute or claim arising from or related to our Services (except for the Exempt Claims, as defined below), these Terms, and/or the Privacy Policy it will be resolved by confidential binding arbitration in Las Vegas, Nevada, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to: ATTN: Legal, 5800 Rafael Rivera Way, Las Vegas, Nevada 89118. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

If you and Ainsworth are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Company may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (“AAA”)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

The arbitration shall be held in the State of Nevada or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Nevada, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this section, any such termination shall not be effective until thirty (30) days after the version of the Terms containing this section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.

CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

EXEMPT CLAIMS: You and the Company agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions:

(1) You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision.

(2) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.

OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision, either (a) via email at privacyofficer@agtslots.com, or (b) by mail to ATTN: Legal, 5800 Rafael Rivera Way, Las Vegas, Nevada 89118. Include your name, address, and date in the correspondence. This is the only way you can opt-out.

B. Claims and Disputes Must be Filed Within One (1) Year To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, Services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.

Severability

To the extent that any provision of these Terms is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These Terms are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to our Services.

No Third-Party Beneficiaries

There are no third-party beneficiaries to the Terms. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all our assets.

Governing Law

These Terms and Conditions shall be subject to any other agreements you have entered with Ainsworth.

The user's access to and use of the website, and the terms of this disclaimer are governed by the laws of Nevada.

How to Contact Us

If you have any questions about these Terms, please contact us at the following: