Last modified: July 2013
** All logos, images and information have been quoted for illustration purposes only and remain the property of their respective companies. Because Lucky Lady Games uses many out-sourced contractors from around the globe and curates news, over-sightings may occur. For any issues please contact us at our head-office by using our contact form.
AGREEMENT AND SERVICES
If you create a Lucky Lady account within any Lucky Lady Offering, you must provide truthful and accurate information to us in creating such account. If Lucky Lady has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Lucky Lady may suspend or terminate your ability to use or access a Lucky Lady Offering, and refuse any and all current or future use of or access to any or all Lucky Lady Offerings (or any portion thereof). Lucky Lady requires all users to be over the age of eighteen (18).
Lucky Lady reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.
When you access a Lucky Lady Offering, send e-mails or electronically chat with Lucky Lady, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Lucky Lady Offerings. You agree that all agreements, notices, disclosures and other communications that Lucky Lady provides to you electronically satisfy any legal requirement that such communications be in writing.
Certain Lucky Lady Offerings may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods, additional levels and content packs (“virtual items”) that can be used while playing the Lucky Lady Offering. You may be required to pay a fee to obtain virtual items. When you use virtual items within a Lucky Lady Offering, any virtual items that you have purchased will be deemed used before any virtual items that you have earned.
You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable Lucky Lady Offering membership benefits, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable Lucky Lady Offering. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Lucky Lady Offering. Virtual items cannot be refunded or exchanged for cash or any other tangible value.
Lucky Lady may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and Lucky Lady will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Lucky Lady Offering account is terminated or suspended for any reason, in Lucky Lady’s sole discretion, or if Lucky Lady discontinues any Lucky Lady Offering or any portion or feature of any Lucky Lady Offering.
SOCIAL NETWORK SITES
If you access a Lucky Lady Offering via a third party social networking site (a “Social Game”), you should be aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete.
If Lucky Lady has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Lucky Lady may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).
REVIEWS, COMMUNICATIONS AND SUBMISSIONS
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Lucky Lady Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Lucky Lady does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Lucky Lady Offerings. Lucky Lady does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Lucky Lady Offerings. You agree to indemnify Lucky Lady and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Lucky Lady Offerings.
· Posting, transmitting, promoting, or distributing any content that is illegal
· Harassing or threatening any other user of a Lucky Lady Offering or any employee or contractor of Lucky Lady
· Impersonating another person, indicating that you are a Lucky Lady employee or a representative of Lucky Lady (if you are not), or attempting to mislead users by indicating that you represent Lucky Lady in any way
· Attempting to obtain a password, other account information, or other private information from any other user of a Lucky Lady Offering
· Uploading any software, files, photos, images or any other content to a Lucky Lady Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
· Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of any Lucky Lady Offering.
· Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
· Improperly using any game support functions or complaint buttons, or making false complaints or other reports to Lucky Lady representatives.
· Posting or communicating any player’s real-world personal information within a Lucky Lady Offering or by or through a Lucky Lady Offering or any related bulletin board.
· Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
· Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Lucky Lady Offering, or using or launching any unauthorized script or other software.
· Using a false e-mail address or otherwise disguising the source of any content that you submit within a Lucky Lady Offering, or using tools which anonymize your internet protocol address.
· Interfering or circumventing any Lucky Lady Offering security feature or any feature that restricts or enforces limitations on use of or access to a Lucky Lady Offering.
· Attempting to sell any part of a Lucky Lady Offering, including, without limitation, any virtual items (if applicable), Lucky Lady accounts and access to them in exchange for real currency or items of monetary or other value.
· Engaging in cheating or any other activity that Lucky Lady deems to be in conflict with the spirit of a Lucky Lady Offering.
Public Nature of Communications
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any Lucky Lady Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Lucky Lady Offerings (other than with respect to the information you provide to us in establishing your Lucky Lady account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Lucky Lady Offering may be seen and used by others and may result in unsolicited communications. Lucky Lady is not liable for any information that you choose to submit or communicate to other users on or through any Lucky Lady Offerings, or for the actions of any other users of any Lucky Lady Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any Lucky Lady Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Lucky Lady and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Lucky Lady permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a Lucky Lady Offering, you expressly grant Lucky Lady the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
Commercial Activity and Unsolicited E-mail
You may not use any portion of the Lucky Lady Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Lucky Lady Offerings, or otherwise exploit your participation on or through any Lucky Lady Offerings for any commercial purpose.
When you post a review, we will display your rating of the Lucky Lady Offering, along with your user name and certain other information you may provide, such as your city and state location, skill level, favorite game and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.
Lucky Lady Games reserves full rights and discretion of content use on all our products.
THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES
Any and all software, content and services (including advertising) within a Lucky Lady Offering that are not owned by Lucky Lady are “third party content and services”. Lucky Lady acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Lucky Lady Offerings may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Lucky Lady does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.
TERMINATION OF ANY LUCKY LADY GAMES ACCOUNT
Lucky Lady reserves the right to collect fees, surcharges or costs incurred before you cancel your Lucky Lady account(s) or a particular subscription. In the event that your Lucky Lady account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before Lucky Lady may allow you to create any new or additional accounts. All virtual items are unconditionally forfeited if your Lucky Lady account is terminated or suspended for any reason, in Lucky Lady’s sole discretion, or if Lucky Lady discontinues any Lucky Lady Offering that includes virtual items.
INTELLECTUAL PROPERTY RIGHTS
LIMITATIONS ON WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF ANY LUCKY LADY OFFERING, LUCKY LADY SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL LUCKY LADY OFFERINGS AND LUCKY LADY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LUCKY LADY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE LUCKY LADY OFFERINGS OR LUCKY LADY SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE LUCKY LADY OFFERINGS, LUCKY LADY SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM LUCKY LADY ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LUCKY LADY IS TO STOP USING THE LUCKY LADY OFFERINGS AND LUCKY LADY SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR LUCKY LADY ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT LUCKY LADY IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A LUCKY LADY OFFERING BY, ANY LUCKY LADY OFFERING USER. IN NO EVENT SHALL LUCKY LADY’ OR ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO LUCKY LADY FOR YOUR PARTICIPATION IN ANY LUCKY LADY OFFERING. IN NO CASE SHALL LUCKY LADY OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY LUCKY LADY OFFERING OR LUCKY LADY SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT LUCKY LADY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD LUCKY LADY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF LUCKY LADY OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING LUCKY LADY OFFERINGS AND LUCKY LADY SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
IMPORT TAXES AND FEES
When you buy physical goods (e.g. CD-ROM) through any Lucky Lady Offering for delivery outside the United States, you are considered an importer and, as between you and Lucky Lady, you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
EXPORT CONTROL LAWS
Certain Lucky Lady Offerings may be subject to United States and international export controls. By accessing Lucky Lady Offerings, you warrant that you are not located in any country, or exporting any Lucky Lady Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Lucky Lady Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.
OTHER LEGAL TERMS
APPLICABLE LAW AND JURISDICTION
STATUTE OF LIMITATIONS
Lucky Lady Games at 621 West Pender St. Vancouver B.C., Canada V6B 1W7
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a Lucky Lady Offering in a way that may constitute copyright infringement, you may provide notice of your claim to Lucky Lady’s Designated Agent listed below. For your notice to be effective, it must include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A description of the copyrighted work that you claim has been infringed upon;
(iii) A description of where the material that you claim is infringing is located within the Lucky Lady Offering;
(iv) Information reasonably sufficient to permit Lucky Lady to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.