Last updated June 13, 2014
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APP.
You acknowledge and agree that:
• the App is licensed, not sold to you, and that you may use the App only as set forth in this Agreement;
• the use of the App may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility;
• the App is provided “as is” without warranties of any kind and Lotto Lotto’s liability to you is limited;
• if you are using the App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple”, below.
1. LIMITED LICENSE.
Subject to your complete and ongoing compliance with all the terms and conditions set forth in this Agreement (including without limitation payment of any applicable fees and compliance with all license restrictions), Lotto Lotto grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the App downloaded directly from Lotto Lotto or from a legitimate marketplace (such as Apple’s App Store), solely in object code format and solely for your personal use for lawful purposes, on a single compatible mobile device that you own or control, only for your personal use, and solely through the use of a licensed copy of the App. You may not reproduce, distribute, publicly display, or publicly perform the App. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the App, or make or attempt to make any modification to the App; or (b) interfere with or circumvent any feature of the App, including without limitation any security, or access control mechanism. You may not use the App for any purpose other than a purpose for which the App and the Service are expressly designed. The term App, as used herein, includes any update or modification to the App made available to you by Lotto Lotto (unless provided with separate terms). If you are prohibited under applicable law from using the App, you may not use them.
2. USE OF THE APP – THIRD PARTY TERMS AND FEES.
You are solely responsible for your use of the Service on your mobile device, including without limitation compliance with these and any applicable third party terms, and payment of any applicable third party fees. Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier.
3. LOCATION-BASED SERVICES.
Some of the features of the Service may enable Lotto Lotto to access your location in order to tailor your experience with the Service based on your location (“Location-based Services”). In order to use certain Location-based Services, you must enable certain features of your mobile phone, such as GPS, Wi-Fi, and Bluetooth, which enable Lotto Lotto to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. To the extent your location is collected through Wi-Fi or Bluetooth sensors, such sensors, and the associated data services, may be provided by a third party, and you agree and acknowledge that such third party may access such information for the purpose of providing such data services to Lotto Lotto. You will be given the option to automatically enable the provision of some Location-based Services through the App, and to enable or disable such Location-based Services at any time through the App’s Settings menu. If you choose to disable any Location-based Services on your device and/or opt out of any Location-based Services through the App’s Settings menu, you will not be able to utilize certain features of the App. By enabling Location-based Services on your device, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the App, (ii) Lotto Lotto may provide Location-based Services related to and based on your then-current location, and (iii) Lotto Lotto may use any such information collected in connection with the provision of Location-based Services in connection with its provision of the App. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND LOTTO LOTTO DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES.
4. RESERVATION OF RIGHTS.
The App, is owned and provided by Lotto Lotto. The App, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, services, and all other elements of the App (the “Lotto Lotto Materials”), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Lotto Lotto, all Lotto Lotto Materials, including intellectual property rights therein and thereto, are the sole and exclusive property of Lotto Lotto or its subsidiaries or affiliated companies and/or its third-party licensors. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the Lotto Lotto Materials except as expressly authorized hereunder. Lotto Lotto reserves all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Lotto Lotto Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement.
If you provide Lotto Lotto with any comments, bug reports, feedback, or modifications proposed or suggested by you for the App (“Feedback”), such Feedback is provided on a non-confidential basis (notwithstanding any notice to the contrary you may include in any accompanying communication), and Lotto Lotto shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the App. You hereby grant Lotto Lotto a perpetual, irrevocable, nonexclusive license under all rights necessary to so incorporate and use your Feedback for any purpose.
6. PROHIBITED CONDUCT.
As a condition to your use of the App, you agree not to:
a. use the App for any purposes other than for its intended purposes;
b. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein;
c. delete the copyright or other proprietary rights on the App;
d. use the App for any illegal purpose, or in violation of any local, state, national, or international law;
e. remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on the use of the App;
f. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
g. modify, adapt, translate or create derivative works based upon the App or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law.
7. USER ACCOUNTS.
When you create an account to use the services provided via the App, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Lotto Lotto on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Lotto Lotto. You may be liable for the losses incurred by Lotto Lotto or others due to any unauthorized use of your account on the App.
8. TERM AND TERMINATION.
The Agreement, and your rights and licenses hereunder, will terminate immediately upon your breach of the Agreement. You may terminate the Agreement by uninstalling and ceasing all use of the App. Lotto Lotto may terminate this Agreement at any time for any reason, including without limitation any actual or suspected misuse or abuse by you of the App.
Lotto Lotto reserves the right, in its sole discretion, to change, modify, add, or remove portions of the App at any time.
10. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
THE APP IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOTTO LOTTO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. LOTTO LOTTO EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF LOCATION BASED SERVICES, AND WITH RESPCT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE. IN USING THE APP, YOU AGREE THAT LOTTO LOTTO SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DECISION MADE OR ANY ACTION TAKEN OR ANY ACTION NOT TAKEN DUE TO YOUR USE OR RELIANCE ON ANY INFORMATION PRESENTED AS PART OF THE SERVICES OR AS A RESULT OF USING THE APP. LOTTO LOTTO FURTHER DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO YOUR CARRIER’S NETWORK OR SERVICE. UNDER NO CIRCUMSTANCES WILL LOTTO LOTTO BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APP OR THE SERVICE, EVEN IF LOTTO LOTTO HAS BEEN ADVISED OF THE POLOTTO LOTTOBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL LOTTO LOTTO’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THESE TERMS EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE APP OR FIFTY DOLLARS ($50 USD). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH AN EVENT THE ABOVE LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
11. INDEMNIFICATION; HOLD HARMLESS.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LOTTO LOTTO, AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE APP; OR (II) YOUR VIOLATION OF THESE TERMS. LOTTO LOTTO RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF LOTTO LOTTO. LOTTO LOTTO WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
12. THIRD PARTY SOFTWARE.
The App may be distributed alongside certain third party software ("Third Party Software") provided under separate license terms (the "Third Party Terms"), as set forth in more detail via the App’s Help menu. Your use of such Third Party Software in conjunction with the App in a manner consistent with the terms of this Agreement is permitted; however, you may have broader rights under the applicable Third Party Terms and nothing in this Agreement is intended to impose further restrictions on your use of the Third Party Software.
13. DEALINGS WITH ADVERTISERS.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the App are solely between you and such advertiser. YOU AGREE THAT LOTTO LOTTO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE app.
14. LINKS AND THIRD PARTY WEBSITES.
The App may provide links on the App to other sites and services, including the content therein (“Reference Sites”). Lotto Lotto has no control over such Reference Sites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or other content linked to by the App. Lotto Lotto provides links to you only as a convenience, and the inclusion of any link on the Service does not imply our affiliation, endorsement, or adoption of the linked Reference Site or other content or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the App. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
15. GOVERNING LAW; VENUE.
This Agreement, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflict of law principles, and all disputes hereunder will be resolved in accordance with the dispute resolution provisions set forth in the Terms.
NOTICE REGARDING APPLE.
You acknowledge that this Agreement is between you and Lotto Lotto only, not with Apple, and Apple is not responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
CONTACTING LOTTO LOTTO.
The App is offered by Lotto Lotto Gamz etc., Inc., 2200 Laurel Canyon Blvd, Los Angeles, CA 90046; email@example.com.