SHOCKLOTTERY.COM TERMS OF SERVICE (CONDITIONS FOR USE)

January 2008

IMPORTANT - READ CAREFULLY: THE SHOCKLOTTERY WEBSITE (WHICH INCLUDES COMPUTER SOFTWARE, THE MEDIA AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM) IS GRANTED AS FREE TO USE BY YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND SHOCKLOTTERY.COM. BY INSTALLING OR OTHERWISE USING THE SHOCKLOTTERY WEBSITE (INCLUDING THE SHOCKLOTTERY SOFTWARE), YOU AGREE TO BE LEGALLY BOUND THE TERMS OF THIS AGREEMENT WITH SHOCKLOTTERY.COM. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE (OR ITS ASSOCIATED MATERIAL, INFORMATION, SOFTWARE).

SHOCKLOTTERY.COM is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. The Shocklottery website and it associated material is granted to you as free to use, and not sold, and this agreement grants no title or ownership to the Shocklottery website and its associated material or any copy thereof.

1. Limited Use License. Shocklottery.com grants you the non-exclusive, non-transferable, limited right and license to use the Shocklottery website and its associated material solely for your personal use on a single computer.
2. Ownership. All intellectual property rights in and to the Shocklottery website (excluding third party software and/ or associate material) and title to any and all copies thereof are owned by Shocklottery.com or its licensors, and you receive no right or interest therein other than the limited grant in paragraph 1 hereof.

YOU SHALL NOT:

* Sell, rent, lease, license, distribute or otherwise transfer or make available to any other person the Shocklottery website and it associated material, in whole or in part, or use the software and/ or associated material or any part thereof in any commercial context, including but not limited in a service bureau, "cyber cafe", computer gaming center or any other commercial location in which multiple users may access the Shocklottery website.
* Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Shocklottery website and its associated material , in whole or in part.
* Remove, disable or circumvent any proprietary notices or labels contained on or within the Shocklottery website.

LIMITATION ON DAMAGES. IN NO EVENT WILL SHOCKLOTTERY.COM, ASSOCIATES, OR THIRD PARTY VENDORS/ ADVERTISERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SHOCKLOTTERY WEBSITE AND/ OR ITS ASSOCIATED MATERIAL (INCLUDING THE SHOCKLOTTERY SOFTWARE), INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF SHOCKLOTTERY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.


SERVICES: Shocklottery.com offers comparative and statistical data based on US lottery games. The material, services, software, and information offered is not intended to promote gambling. Data provided may not be accurate. Shocklottery.com, its partners, affiliates, contractors, officers, directors, employees, and agents shall not be liable for any errors or delays in the content, or for any actions taken in reliance of said material.

WARRANTY: The Shocklottery software, and its associated material, is provided "as is" without warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all necessary servicing, repair or correction.

TECHNICAL SUPPORT: Technical support may be provided via e-mail and/or website postings. While every effort is made to provided timely technical support no guarantees whatsoever are implied that technical support will be provided or that technical support, when provided, will be accurate.

AGREEMENT: By using the Shocklottery website and its associated material, you are automatically agreeing to and show that you have read and understood the terms and conditions contained within this Agreement. This Agreement is then effective while you use and continue to make use of the Shocklottery website and its associated material. If you do not agree with this Agreement you must not use the Shocklottery website and its associated material - this Agreement will then not apply to you. This Agreement is subject to change without notice.

TERMINATION. Without prejudice to any other rights of Shocklottery.com, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must remove all associated material of the Shocklottery website and all of its component parts.

INJUNCTION. Because Shocklottery.com would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Shocklottery.com shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Shocklottery.com may otherwise have under applicable laws.

INDEMNITY. You agree to indemnify, defend, and hold Shocklottery.com, its partners, affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Shocklottery website and its associated material pursuant to the terms of this Agreement.

MISCELLANEOUS. This Agreement represents the complete agreement concerning the terms of service (conditions of use) between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason; such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be construed under New York law as such law is applied to agreements between New York residents entered into and to be performed within New York, except as governed by federal law and you consent to the exclusive jurisdiction of the state and federal courts in New York.

Any company names, logos, mottoes and product names mentioned or shown on associated website(s) or in software products may be copyright, trademarked or registered trademarked by their respective owners.

If you have any questions concerning this Agreement, you may contact Shocklottery.com at:
postmaster@shocklottery.com