TERMS OF USE

Effective Date: June 19, 2008

IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OF THE LUCKY’S WEB SITES.  BY ACCESSING ANY LUCKY’S WEBSITE OR OTHERWISE DOWNLOADING ANY CONTENT FROM A LUCKY’S WEBSITE, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS SET FORTH BELOW, DO NOT USE ANY OF THE LUCKY’S WEB SITES.

Acceptance of Terms.

Stated below are the Terms of Use (the “Terms of Use” or the “Terms”) of Brandywine Bookmaking LLC d/b/a Lucky’s (“Lucky’s,” “we,” “our” or “us”).  These Terms of Use apply to all web sites owned or operated by Lucky’s, its affiliates and/or subsidiaries, including, without limitation, the web site www.betatluckys.com (the "Lucky’s Web Sites" or “Web Sites”).   

Please take a moment to review these Terms of Use.  Your access and use of any Lucky’s Web Site is conditioned upon your acceptance of the terms stated herein.  If you do not agree with one or more of the terms stated herein, then refrain from using any of the Lucky’s Web Sites.   Unless otherwise agreed to in writing by Lucky’s, your agreement with Lucky’s as a user of the Lucky’s Web Sites will always include, at a minimum, the terms and conditions set out in this document.

From time to time, these Terms may change.  You are responsible for periodically reviewing the latest Terms of Use to remain knowledgeable of the terms that govern your access to Lucky’s Web Sites.  We also encourage you to review our Privacy Policy, posted at www.betatluckys.com/privacy, which governs our collection and disclosure of information.

Proprietary Rights.

Lucky’s Owns all Web Site Content. By accessing any Lucky’s Web Site, you acknowledge and agree that Lucky’s owns all legal right, title and interest in and to the Lucky’s Web Sites and all content contained therein, including any intellectual property rights which subsist in the Web Sites (whether those rights happen to be registered or not, and wherever in the world those rights may exist).  You further acknowledge that the Lucky’s Web Sites may contain information which is designated confidential by Lucky’s and that you shall not disclose such information without Lucky’s prior written consent.

Prohibition Against Any Unauthorized Use of Lucky’s Content. Unless otherwise agreed to by Lucky’s in writing, nothing in the Terms gives you a right to use any of Lucky’s trade names, trademarks, service marks, logos, trade dress, domain names, or other distinctive brand features (collectively, “Brand Features”). If you have been given an explicit right to use any of these Brand Features in a separate written agreement with Lucky’s, then you agree that your use of such features shall be in compliance with that agreement and restricted in scope by the terms of that agreement.  Further, by accessing the Lucky’s Web Sites, you agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Lucky’s Web Sites.

Prohibition Against Any Unauthorized Use of Third Party Content. Unless Lucky’s expressly authorizes you to do so in writing, you agree that in using the Lucky’s Web Sites and the services appurtenant thereto, you will not use any trade mark, service mark, trade name, trade dress, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, dress or logos.  

User Waives Rights to User Created Content.   You acknowledge and agree that any original content that you submit, post, transmit, or display on, or through, the Lucky’s Web Sites, becomes the property of Lucky’s, granting Lucky’s the exclusive right, title and/or interest to such content, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist).  By submitting such content to the Lucky’s Web Sites, you are waiving any and all intellectual property rights and/or moral rights that you may have otherwise had in and to such content.  Notwithstanding the foregoing,   Lucky’s is under no obligation to safeguard, protect or otherwise enforce any intellectual property rights that you have or claim to have in any content that you submit, post, transmit, or display on, or through, the Lucky’s Web Sites.

Privacy Policy.

For the terms and conditions governing our collection and use of personal and general information, please refer to our privacy policy, posted at www.betatluckys.com/privacy. This policy explains how we compile and use information about you and other visitors to the Lucky’s Web Sites.  By accessing any Lucky’s Web Site, you are agreeing to the terms stated within our Privacy Policy.

User Conduct.

Submitting Personal Information to Lucky’s.  In order to access certain services on the Lucky’s Web Sites, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the service, or as part of your continued use of Lucky’s on-line services. By providing such information, you agree that any information you give to Lucky’s will always be accurate, correct and up to date.  Further, you acknowledge and agree to the terms and conditions stated in our Privacy Policy, as posted at www.betatluckys.com/privacy.

Lawfully Using the Lucky’s Web Sites. By accessing or otherwise downloading content from any Lucky’s Web Site, you agree to use the Lucky’s Web Site only for purposes that are permitted by the Terms stated herein and any applicable law or regulation in the relevant jurisdiction(s) (including any laws regarding the export of data or software to and from the United States or other relevant countries).

Access Through Approved Interfaces Only. You agree not to access (or attempt to access) any content or code contained on any Lucky’s Web Site by any means other than the interface that is provided by Lucky’s. You specifically agree not to access (or attempt to access) any of the Lucky’s Web Sites through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file(s) present on the Lucky’s Web Sites.  Further, you agree that you will not engage in any activity that interferes with or disrupts the Lucky’s Websites (or the servers and networks which are connected to the Web Sites).

Prohibition Against Any Reproduction of Lucky’s Content.  By accessing or otherwise downloading content from Lucky’s Web Sites, you agree that you will not reproduce, duplicate, copy, sell, trade or resell Lucky’s Web Sites or any part thereof for any purpose.

Responsibility for Breach. By accessing or otherwise downloading content from Lucky’s Web Sites, you agree that you are solely responsible for (and that Lucky’s has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Lucky’s may suffer) of any such breach thereof.

Age Restrictions. If you are a person younger than 21 years of age, you are prohibited from: (1) submitting personal information to the Lucky’s Web Sites; (2) purchasing goods or services from Lucky’s; (3) establishing any account with Lucky’s; or (4) accessing or attempting to access any password-restricted information contained on the Lucky’s Web Sites.  If you are a parent and wish to block the Lucky’s Web Site, we suggest that you contact one of the following Internet filtering companies:

•    Net Nanny

•    Internet Content Rating Association

•    Cyber Patrol

•    Websense

•    Cybersitter

Passwords/ Account Security

Privacy of Passwords. In the event that you establish any password protected user account with Lucky’s, you acknowledge, understand  and agree that you are responsible for maintaining the confidentiality of any and all passwords associated with any such user account.  

Responsibility for All Account Activities.  In recognizing that you are solely responsible for the confidentiality of any passwords associated with your account, you agree that you will be solely responsible to Lucky’s for any and all activities that occur under or in the name of your account.

Notification of Unauthorized Access. If you become aware of any unauthorized use of your password or of your account, you agree to notify Lucky’s immediately at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Links to Third Party Web Sites.

The Lucky’s Web Sites may contain links to third-party web sites as an accommodation to you. The Lucky’s Web Sites may also be accessed through links contained on third-party web sites. The third-party linked sites are not under the control of Lucky’s. Lucky’s does not endorse, adopt or undertake any responsibility for the content or privacy practices of any third-party site, including, but not limited to, information provided at third-party sites that may link the user to the Sites. If you have accessed the any of the Lucky’s Web Sites through a third-party link, you are still bound by the terms and conditions of these Terms of Use. In no event shall Lucky’s be responsible for any content or other materials on or available on any third-party web sites.

Disclaimers of Warranties.

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT LUCKY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LUCKY’S WEB SITES IS AT YOUR SOLE RISK AND THAT THE WEB SITES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

FURTHER, LUCKY’S, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

•    YOUR USE OF THE WEB SITES WILL MEET YOUR REQUIREMENTS,

•    YOUR USE OF THE WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

•    ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEB SITES WILL BE ACCURATE OR RELIABLE, AND

•    THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEB SITES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED OR ACCESSED THROUGH THE USE OF THE WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING, OBTAINMENT, OR ACCESSING OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUCKY’S OR THROUGH OR FROM THE LUCKY’S WEB SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND UNEQUIVOCALLY STATED IN THESE TERMS OF USE.

LUCKY’S FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SUBJECT TO THE “DISCLAIMERS OF WARRANTIES” STATED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LUCKY’S, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

•    ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

•    ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

o ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE LUCKY’S WEB SITES;

o  ANY CHANGES WHICH LUCKY’S MAY MAKE TO THE WEB SITES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SITES (OR ANY FEATURES WITHIN THE WEB SITES);

o  THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEB SITES;

o  YOUR FAILURE TO PROVIDE LUCKY’S WITH ACCURATE ACCOUNT INFORMATION;

o  YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON LUCKY’S LIABILITY TO YOU AS STATED ABOVE SHALL APPLY WHETHER OR NOT LUCKY’S HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnification.

By accessing or otherwise downloading content from the Lucky’s Web Sites, you agree to indemnify, hold harmless and release Lucky’s (and its employees, officers, directors, owners, agents, licensors and their respective successors and assigns), from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to your use or misuse of the Lucky’s Web Sites or any content or services contained therein or provided thereby, including, but not limited to, information from third-party web sites linked to the Lucky’s Web Sites.

Local Laws and International Export Controls.

The Lucky’s Web Sites may provide services and/or use software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. By accessing or otherwise downloading content from the Lucky’s Web Sites, you acknowledge and agree that the Web Sites shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudan or any other country to which the United States and/or the European Union maintains an embargo (collectively, the "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, the "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Lucky’s Web Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or a Designated National.

Changes to the Lucky's Web Sites.

Lucky's may change, suspend or discontinue any aspect of the Lucky's Web Sites at any time, including the availability of any feature, database, or content. Lucky's may also impose limits on certain features and services or restrict your access to parts or the entirety of any Lucky's Web Site without notice or liability at any time in Lucky's sole and absolute discretion, without prejudice to any legal or equitable remedies available to Lucky's, for any reason or purpose, including, but not limited to, conduct that Lucky's believes violates these Terms of Use or other policies or guidelines posted on the Lucky's Web Sites or conduct which Lucky's believes is harmful to other customers, to Lucky's business, or to other information providers. In addition, these Terms may be immediately terminated at any time by Lucky's in its sole and absolute discretion. In addition and without prejudice to any other remedy available to Lucky's, Lucky's may immediately terminate these Terms if you breach any term and/or condition set forth by Lucky's.

Changes/Additions/Deletions to These Terms.

We may make changes to our Terms of Use from time to time. When we make these changes, we will make a copy of the revised terms available at www.betatluckys.com/terms-of-use.  If you access the Lucky’s Web Sites or otherwise use on-line services that access the Lucky’s Web Sites, you are obligated to follow the most current Terms of Use, and Lucky’s will treat your use as acceptance of the updated Terms of Use.

Failure to Adhere to These Terms.

Lucky’s will determine your compliance with these Terms of Use in its sole and absolute discretion. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by a duly authorized officer of Lucky’s. Lucky’s reserves the right to modify or discontinue any one or more of the Lucky's Web Sites, or any portion thereof, without liability or notice to you or any third party. Upon termination of your access to the Lucky's Web Sites, or upon demand by Lucky’s, you must destroy all materials obtained from the Lucky's Web Sites and all related documentation and all copies and installations thereof. If any provision of these Terms of Use is held to be unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

Location/Governing Law/Consent to Jurisdiction.

Lucky’s operates the Lucky’s Web Sites in the United States. Information contained on the Lucky’s Web Sites may not be appropriate or available for use in other locations, and access to the Lucky’s Web Sites from territories where the sites’ content may be illegal is prohibited. If you access the Lucky’s Web Site from other locations, you do so of your own initiative and you are solely responsible for compliance with all applicable local laws. You may not use the Lucky’s Web Sites or export the Lucky’s Web Site content in violation of U.S. export laws and regulations. These Terms of Use and your use of the Lucky’s Web Site shall be construed, enforced, and governed in accordance with the laws of the United States of America and the State of Nevada without regard to its conflicts of laws principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any legal action or proceeding related to this web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Nevada within ninety (90) days after the occurrence of the facts giving rise to the cause of action; otherwise the cause shall be forever barred.

However, notwithstanding any other provision of these Terms of Use, you agree that in the event of any dispute between the parties, the damages, if any, caused to you are not irreparable or sufficient to entitle you to enjoin or restrain the development, production, launch, advertising, exhibition or exploitation of the Lucky’s Web Sites or any Lucky’s product or service.

THESE TERMS OF USE ARE INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT AND THE DIGITAL MILLENIUM COPYRIGHT ACT.

© COPYRIGHT 2008 BRANDYWINE BOOKMAKING LLC, ALL RIGHTS RESERVED.