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Welcome to Lucky Road! We are pleased to have you join our community of dedicated gamers who are passionate about skill-based competition and interactive gameplay.
We know it is tempting to skip over these Terms, but we promise they’re important! They outline what you can expect from us as you dive into the game, and what we expect from you in return. Think of these Terms as the playbook for our gaming adventure together.
Understanding these Terms is important because, by using our Gaming App, you’re agreeing to these Terms.
What’s covered in these Terms?
These Terms of Service (the “Terms”) constitute a legally binding agreement between 777 Studios, LLC, its subsidiaries, and affiliates ("Company," "we," "our," or "us") and you (“you”, “your”, or “User”). These Terms will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between us and you for the use of our gaming application “Lucky Road” (the “App” or “Lucky Road”).
Your Service Provider:
The entity providing the App is 777 Studios, LLC, a company operating under the laws of Delaware, United States of America, located at 8 The Green, Suite A, Dover, DE 19901 ("Company," "we," "our," or "us"). References to the Company’s “Subsidiaries” and/or “Affiliates” in these Terms means the other companies within our corporate group (now or in the future).
Digital Acceptance of Terms:
ACCESSING, PLAYING, OR OTHERWISE USING THE APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.
THE APP IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. WHILE THE APP DOES ALLOW USERS TO PARTICIPATE IN CASH COMPETITIONS AND WIN REAL MONEY, IT DOES NOT OFFER REAL-MONEY GAMBLING. NO ACTUAL MONEY IS REQUIRED TO PLAY THE LUCKY ROAD GAME, AND PARTICIPATION IS INTENDED SOLELY FOR ENTERTAINMENT.
THE APP IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. WHILE THE APP DOES ALLOW USERS TO PARTICIPATE IN CASH COMPETITIONS AND WIN REAL MONEY, IT DOES NOT OFFER REAL-MONEY GAMBLING. NO ACTUAL MONEY IS REQUIRED TO PLAY THE LUCKY ROAD GAME, AND PARTICIPATION IS INTENDED SOLELY FOR ENTERTAINMENT.
For the purpose of these Terms, wherever the context so requires "you" or “your” or "User" shall mean any natural person who accesses, participates, and/or utilizes the App. The applicability of these Terms extends to Users regardless of the device type used for accessing our App, whether it be a laptop/desktop or a mobile/tablet device.
By impliedly or expressly accepting these Terms, you also accept and agree to be bound by our Privacy Policy as amended from time to time. We encourage you to read the Privacy Policy in conjunction with these Terms to better understand how you can update, manage, export, and delete your information. If you do not agree with anything provided herein, please do not use or access our App.
We reserve the unilateral right to change the particulars contained in these Terms from time to time, without notice to you and in our sole discretion. If we make any such revision in these Terms, we will update the effective date above and the revised Terms shall be effective from such date. You are required to check these Terms and their effective date frequently to understand the terms and conditions that apply to your use of our Services. Your continued use of the Services following such modification constitutes your acceptance of the modified Terms of Service, whether or not you have read them.
Further, we may change, suspend, and/or discontinue the App at any time, including but not limited to game modes, leaderboards, tournaments, in-game content, and availability of any feature on the App. We may also need to restrict Users’ access to parts and/or all of the App without notice in the event of technical disruptions or other similar events and we shall not be liable to the Users in such cases.
By impliedly or expressly accepting these Terms, you also accept and agree to be bound by our Privacy Policy as amended from time to time. We encourage you to read the Privacy Policy in conjunction with these Terms to better understand how you can update, manage, export, and delete your information. If you do not agree with anything provided herein, please do not use or access our App.
We reserve the unilateral right to change the particulars contained in these Terms from time to time, without notice to you and in our sole discretion. If we make any such revision in these Terms, we will update the effective date above and the revised Terms shall be effective from such date. You are required to check these Terms and their effective date frequently to understand the terms and conditions that apply to your use of our Services. Your continued use of the Services following such modification constitutes your acceptance of the modified Terms of Service, whether or not you have read them.
Further, we may change, suspend, and/or discontinue the App at any time, including but not limited to game modes, leaderboards, tournaments, in-game content, and availability of any feature on the App. We may also need to restrict Users’ access to parts and/or all of the App without notice in the event of technical disruptions or other similar events and we shall not be liable to the Users in such cases.
1. ABOUT LUCKY ROAD
1.1. Lucky Road provides an engaging mobile gaming experience where Users can download the App to compete for high scores. Users engage in individual challenges, striving to improve their scores while playing in a multiplayer environment. Each User focuses on their own performance, aiming to beat their previous best and achieve higher rankings on the leaderboard.
1.2. All gameplay within Lucky Road is skill-based, with players aiming to achieve the highest scores possible. There are no tournaments; instead, each User competes against their own previous scores and those of other Users in a multiplayer environment. The individuals who demonstrate the best use of their skills and knowledge to achieve high scores will be recognized on the leaderboard.
1.3. Please note that Lucky Road is not intended for any form of gambling. By using our App, you acknowledge that your participation is purely for entertainment purposes and not for business or gambling activities; it is intended solely as a hobby or for entertainment purposes.
2. USER ELIGIBILITY
2.1. Lucky Road is intended solely for Users who are at least eighteen (18) years of age or older and can form legally binding contracts under applicable law. Any access to Lucky Road by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms. If we have any reason to believe that you are under 18 years of age, we may terminate your access to our App, delete any content or contact information that you have submitted, and prohibit you from accessing Lucky Road (or any portion, aspect, or feature thereof).
2.2. By accessing or otherwise using Lucky Road, you represent and warrant that you:
2.2.1. are a natural person of at least 18 years of age or older;
2.2.2. have the legal authority to form a binding contract with the Company;
2.2.3. are physically located in a jurisdiction where participation in skill-based mobile gaming involving cash prizes is unrestricted by that jurisdiction's laws; and
2.2.4. agree to at all times abide by these Terms and all applicable laws.
2.3. We reserve the right to request proof of age at any stage to verify that persons under the age of 18 are not using Lucky Road. If you do not meet all of these eligibility requirements, you are not permitted to access or use Lucky Road and agree that you will not do so and that we may suspend or terminate your access to our App with or without notice.
2.4. By participating in Lucky Road, you further represent that your participation is solely for entertainment purposes and not for any form of gambling, as defined by applicable laws and regulations. We are committed to ensuring that our App complies with these regulations, emphasizing that participation in Lucky Road is intended solely for recreational purposes. We do not engage in any activities that would classify as illegal gambling under the laws of Washington, D.C., and we take reasonable measures to ensure that our games are skill-based, allowing Users to compete based on their abilities rather than chance.
3. USE OF OUR APP
To access and use Lucky Road, Users must follow the steps outlined below:
3.1. Users can download the Lucky Road App from the official app store compatible with their mobile device , such as Apple App Store.
3.2. Once installed, Users will be greeted with an introductory screen that provides an overview of the game's features and objectives. Users are encouraged to familiarize themselves with the interface to enhance their gaming experience.
3.3. Upon launching the App, Users will see the main menu with the following options:
3.3.1. Play: By selecting this option, Users can initiate a game session where they will compete to achieve the highest score possible. Users should be aware that gameplay is intended for entertainment purposes only and does not constitute gambling.
3.3.2. Leaderboard: This section allows Users to view their scores in relation to their friends and other players. Users can add friends to their leaderboard to compare scores, fostering a spirit of healthy competition. Please note that we utilize Apple's Game Center leaderboard to display statistics on the highest scores, ensuring an accurate and engaging experience for all players. The leaderboard is updated in real time to reflect current standings.
3.3.3. Invite Friends: Users can utilize this feature to invite other players to join the game, thereby expanding the community and enhancing the competitive aspect of the App.
3.3.4. Settings: By clicking on the ‘Settings’ icon, Users can adjust various preferences, including sound and music settings. Additionally, Users can update their Contact Information at any time through the App ‘Settings’ icon.
3.3.5. Rate the Game: Users have the opportunity to provide Feedback and rate their gaming experience with the App in accordance with Clause 10. This Feedback is valuable for ongoing improvements and enhancements to the game.
3.4. During gameplay, Users will aim to achieve the highest score possible. The App will automatically track and display scores in real-time, allowing Users to monitor their performance and progress throughout the game. Users are reminded that participation in Lucky Road is intended solely for amusement and entertainment, and not for any form of gambling.
3.5. Subject to Clause 4 and Clause 5 of these Terms, if a User sets the highest score on the leaderboard, they will see a "Congratulations" image. To claim their cash prize, Users are required to enter their information, including their name, email address, and phone number (“Contact Information”).
3.6. Users are encouraged to ensure that their Contact Information is accurate and up-to-date to avoid any issues with claiming or receiving cash prizes. If the Contact Information provided is incorrect and the User is unable to receive their cash prizes, we shall not be held liable.
4. PRIZE ELIGIBILITY AND SCORE REGISTRATION
4.1. To be considered a winner, a User’s score must be registered in the Lucky Road system by 11:59:59 PM United States PST time zone on the last day of the month. Scores submitted after this time will not qualify for the previous month's leaderboard and will instead count towards the new month’s standings.
4.2. If a User begins a game session in the final minutes of the month (for example, starting at 6:58:00 AM UTC on July 31) and continues playing into the next month, the score achieved will be attributed to the new month. In this case, even if the score surpasses the previous month’s highest score, the User will not be recognized as the victor for the previous month. Instead, the score will be recorded as the high score for the new month, and the User will receive a pop-up notification indicating their achievement.
4.3. Users acknowledge that it is their responsibility to be aware of the time constraints for score registration. We shall not be liable for any misunderstandings regarding the timing of score submissions or prize eligibility. Users are encouraged to check the leaderboard regularly and ensure their gameplay sessions are concluded before the specified cutoff time to maximize their chances of winning.
4.4. Users acknowledge that, as the game is played simultaneously by Users worldwide, the then-current highest score needed to win the cash prize (“Score to Beat”) may change during their game session. When a user begins a session, the Score to Beat will be displayed at the top of the screen. However, due to real-time updates to the leaderboard, the Score to Beat may change mid-session, requiring the User to surpass the updated Score to Beat in order to win. For example, if a User begins their game session with a Score to Beat of 50, but during their session, another player surpasses this score and sets a new highest score of 60, the Score to Beat for the User will automatically update to 60.
4.5. Users further understand that if more than one player achieve the same Score to Beat, the screen will display the total number of players who have reached that score. This will be shown as a number followed by the text “-way tie” below the Score to Beat. For example, if three users have set the Score to Beat, it will appear as '3-way tie' below the Score to Beat section on the screen. This notation indicates how many players have reached that exact score.
4.6. You understand and acknowledge that in the event that more than one player achieves the highest score for a given month, the prize money will be evenly split among the top-scoring players. Alternatively, if there are multiple winners, the prize money will be divided equally among them, and each winner will be notified of the split prize amount.
4.7. While every effort is made to ensure that the Score to Beat is updated accurately and in real time, there may be instances of technical delays, errors, or discrepancies in the leaderboard updates.The Company will make reasonable efforts to ensure the accuracy and timeliness of score updates, but we do not guarantee that the Score to Beat displayed during a session is the final score required to win. The Company is not responsible for any such delays or inaccuracies that may affect the Score to Beat or the outcome of the game session. Users are encouraged to play with this in mind and acknowledge that the final determination of the winning score is subject to the official leaderboard as recorded by the system. Further, Users are encouraged to aim for scores significantly higher than the displayed Score to Beat to increase their chances of winning.
5. PRIZE NOTIFICATIONS AND CLAIMING EARNINGS
5.1. The winner will see a "Congratulations" pop-up image within the App if they set a high score for the concerned month. Once they receive the notification through the methods outlined in Clause 5.2, they need to submit their Contact Information through the App functionality.
5.2. You are entitled to collect your cash prize at any time after achieving a qualifying high score. The notification process for winnings is contingent upon your engagement with the App and the timely submission of your Contact Information. You will be informed of your winnings through one of the following methods:
5.2.1. In-App Notification: If you set the highest score on the leaderboard in the previous month, within the first minute of the next month, you will see a pop-up image saying "Congratulations" displayed on your screen. This notification will alert you to your achievements and potential winnings and then you are required to provide your Contact Information. Once you provide your Contact Information, we will email you with the next steps for further procedure within 1-2 Business Day(s). For the purposes of these Terms, “Business Day” means a day other than a weekend or public (including gazetted) holiday in the United States of America.
5.2.1. We will make every effort to complete the process of contacting you and delivering the cash prize to you within 45 days. However, due to Unavoidable Events (defined in clause 26.1 of these Terms), delays may occur.
5.2.3. Email Notification: If you have entered your Contact Information in the App, we will send an email notification regarding your winnings, even if you do not open the App. This ensures that you are informed of your cash prize regardless of your App usage. Once you provide your Contact Information, the Company receives the same via email.
5.3. You acknowledge and agree that it is your responsibility to check the App regularly and ensure your Contact Information is entered correctly. We cannot be held liable for any missed notifications or failure to claim prizes due to you not engaging with the App or not providing your Contact Information. Cash prizes are awarded based on the leaderboard standings, and failure to check the leaderboard or enter Contact Information may result in Users being unaware of their eligibility for winnings.
5.4. You understand and agree that if you win and are located outside of the United States, the cash prize awarded to you will be the equivalent of the cash prize amount in the United States Dollar (USD), converted into the currency of your country of residence.
6. PRIZE DISBURSEMENT
6.1. The winner is required to acknowledge and accept the prize outlined in the email notification (see Clause 5.2) by replying to the same and they are required to further provide their city of residence. After the winner acknowledges and confirms the acceptance of the prize, we will send them another email outlining the procedure to claim the cash prize and it shall contain a link to _________ (Please insert name of the identity verification software). The winner must verify their identity by accessing the provided link for identity validation.
6.2. You acknowledge that although we require you to submit your identification information to claim the cash prize, we do not ask you to upload it on the App or store this identification information with us. You may need to upload relevant identity proof and provide such required information on ______ for verification purposes. It is important that you read and understand the terms and conditions of ______ before utilizing their platform and services, as your personal information and sensitive data are subject to the terms and conditions of ______ which can be found [here]. The Company is not responsible for any issues regarding your identification information that may arise from the use of the ______ platform and shall not be liable for any usage or handling of your identification information by ________.
6.3. Please note that failure to verify and validate your identity may result in the delay or non-payment of your cash prize. It is your responsibility to comply with the identity verification requirements in order to claim your prize. We reserve the right to withhold the prize disbursement process until your identity has been successfully verified through the process outlined in this clause.
6.4. Once the identity of the winner is verified and validated, the Jackpot Winnings Agreement (the “Agreement”) shall be shared with them for signature. In this Agreement, the winner shall enter and confirm their PayPal details such as username, email address, full name and phone number. This Agreement will detail the total amount of the cash prize and will include other such terms to facilitate the money transfer. Please note that since we do not process, store, or retain any identification information that you submit pursuant to Clause 6.1, you understand and agree that we are not responsible for the security of such identification information. Further, you understand and acknowledge that we are only responsible for the information we store and retain for the purpose of providing Services to you, and this is done in accordance with our Privacy Policy. If you continue using our App and leave your Contact Information on the Lucky Road profile, it will remain stored on our secure Unity servers (see Clause 7 of our Privacy Policy). The execution of this Agreement is mandatory for initiating the money transfer via PayPal.
6.5. You understand and agree that you must create an account on PayPal, if you do not already have one, to request and claim the cash prize. You must ensure that the PayPal email address you provide us in the Agreement is accurate. If the cash prize is sent to the provided address and it is incorrect, any resulting issues will be your responsibility and we shall not be held liable for any resultant loss.
6.6. Additionally, we will hire a photographer in the winner’s locality and provide the photographer with a large check displaying the winner’s first name, the initial of the last name, and the amount of the cash prize (in USD). After we receive the signed Agreement, we will share the date, time, and location for the winner to meet the said photographer and to take a photograph with the check, ensuring their face is clearly visible. The photographer will then send the photograph to us. This photograph, along with the name, city of residence of the winner and the month for which they have received the cash prize, will be published on social media platforms such as Facebook, Instagram, Reddit, etc. You understand and agree that the photograph taken will be owned by the Company and the Company reserves the right to use the photograph in any manner deemed appropriate by the Company.
6.7. Upon receiving the photograph with the check, we will send a confirmation email to the winner sharing with them our PayPal username for the winner to request the cash prize amount. They must submit the request to claim the cash prize. Once we receive the request from the winner on the PayPal platform, the amount equivalent to the cash prize in USD will be transferred to the winner.
6.8. You further acknowledge that the money transfer process via PayPal may be subject to delays due to factors beyond the Company's control, including but not limited to technical issues, verification processes, and regulatory requirements.
6.9. You understand that we do not request any banking information directly from winners. You may need to provide relevant financial information while registering on PayPal to receive the cash prize. It is important that you read and understand the terms and conditions of PayPal before utilizing their platform and services. The Company is not responsible for any issues regarding your financial information, fees, or delays arising from the use of the PayPal platform.
6.10. You understand and agree that our responsibility is limited to delivering the cash prize amount only. You are solely responsible for paying any taxes levied on your winnings by your country, if any.
6.11. You acknowledge that we are not responsible for any actions, errors, or omissions by the hired photographer. You further acknowledge and agree that the photographer is an independent contractor, and any issues or disputes arising from the photography session must be resolved directly with the photographer.
7. ADVERTISEMENTS
7.1. While using the Lucky Road App, you will encounter advertisements for other games, apps, and websites (“Interstitial Ad(s)”). These Interstitial Ad(s) will be displayed over the entire screen of the User’s device. Such an interstitial ad will appear once every seven sessions of game when the User hits the game over the screen.
7.2. You will have the option to skip these Interstitial Ad(s) after a duration of five seconds. However, it is mandatory for Users to view the advertisement for at least five seconds before they can skip it.
7.3. Additionally, we will place certain advertisements for other games, apps, and websites (“Banner Ad(s)”) at the bottom of the screen of your devices, both on the main menu of the App and during gameplay.
7.4. We strive to ensure that the frequency and placement of Interstitial Ad(s) and Banner Ad(s) do not disrupt the overall User experience. However, Users acknowledge that the presence of Interstitial Ad(s) and Banner Ad(s) is a part of the free-to-play model of the App.
7.5. The Banner Ad(s) and Interstitial Ad(s) displayed within the Lucky Road App do not constitute an endorsement or recommendation of the advertised products, services, or websites. Users are encouraged to exercise discretion when interacting with third-party advertisements.
7.6. We shall not be liable for any damages or losses arising from Users' interactions with such Banner Ad(s) and Interstitial Ad(s), including but not limited to any issues related to the quality, performance, or legality of the products or services advertised.
7.7. Users are responsible for reviewing the terms and conditions and privacy policies of any third-party sites or services accessed through Banner Ad(s) and Interstitial Ad(s). We do not control these external sites and are not responsible for their content or practices.
8. COMPLIANCE WITH LAWS
8.1. You acknowledge that various rules, regulations, and laws may govern your participation in skill-based games and tournaments ("Gaming Laws"). These Gaming Laws are established by each individual state, country, territory, or jurisdiction.
8.2. To ensure compliance with applicable Gaming Laws, we reserve the right to restrict access to Lucky Road in certain jurisdictions ("Prohibited Jurisdictions") where the game may be considered a form of gambling or where it violates other relevant regulations. If you are located in a Prohibited Jurisdiction, you may not be able to access or participate in Lucky Road. In the United States, Prohibited Jurisdictions may include, but are not limited to, Arizona, Iowa, Louisiana, and South Carolina. It is your responsibility to determine whether the state, country, territory, or jurisdiction in which you are located is a Prohibited Jurisdiction.
8.3. Additional Laws: In addition to Gaming Laws, you are also subject to all municipal, state, and federal laws, rules, and regulations of the city, state, and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to the App may not be legal for some or all Users of, or persons present in, certain jurisdictions. USE OF THE APP IS VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your participation in Lucky Road is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation. We do not guarantee that our App complies with local laws outside the United States, and Users are solely responsible for ensuring their compliance with Applicable Laws.
8.4. Users from Sanctioned Territories:
8.4.1. For the United States: You are prohibited from using our App if you are domiciled, registered, or conduct business in any country or territory subject to financial and economic sanctions, trade embargoes, or similar restrictions imposed by the United States government, including but not limited to North Korea, Cuba, Iran, Syria, and Crimea. This also applies if you are listed as a prohibited, sanctioned, debarred, or denied party by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury, the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce, the U.S. Department of State, the United Nations Security Council, or the European Union. You must obtain any required license or government authorization before accessing our App if you fall under any of these categories.
8.4.2. For Australia: You are prohibited from using our App if you are domiciled, registered, or conduct business in any country or territory subject to financial and economic sanctions, trade embargoes, or similar restrictions imposed by the Australian government, including but not limited to North Korea, Libya, Iran, Syria, and Russia. This also applies if you are listed as a prohibited, sanctioned, debarred, or denied party by the Australian Department of Foreign Affairs and Trade (DFAT) or any other relevant Australian government agency. You must obtain any required license or government authorization before accessing our App if you fall under any of these categories.
8.4.3. For Europe: You are prohibited from using our App if you are domiciled, registered, or conduct business in any country or territory subject to financial and economic sanctions, trade embargoes, or similar restrictions imposed by the European Union, including but not limited to North Korea, Iran, Syria, and Crimea. This also applies if you are listed as a prohibited, sanctioned, debarred, or denied party by the European Union, the United Nations Security Council, or any relevant European authority. You must obtain any required license or government authorization before accessing our App if you fall under any of these categories.
8.4.4. For Canada: You are prohibited from using our App if you are domiciled, registered, or conduct business in any country or territory subject to financial and economic sanctions, trade embargoes, or similar restrictions imposed by the Government of Canada, including but not limited to North Korea, Iran, Syria, and Russia. This also applies if you are listed as a prohibited, sanctioned, debarred, or denied party by Global Affairs Canada or any other relevant Canadian government agency. You must obtain any required license or government authorization before accessing our App if you fall under any of these categories.
8.4.5. For Vietnam: You are prohibited from using our App if you are domiciled, registered, or conduct business in any country or territory subject to financial and economic sanctions, trade embargoes, or similar restrictions imposed by the Government of Vietnam or relevant international authorities. This includes, but is not limited to, countries such as North Korea and Iran. Additionally, this applies if you are listed as a prohibited or sanctioned party by the Government of Vietnam or any relevant international organization. You must obtain any required license or government authorization before accessing our App if you fall under any of these categories.
8.4.6. Other Territories: Users are responsible for ensuring their compliance with all Applicable Laws and regulations in their jurisdiction. This includes, but is not limited to, any financial and economic sanctions, trade embargoes, or similar restrictions that may apply, even if such jurisdictions are not explicitly mentioned in these Terms. Users must verify and adhere to the legal requirements relevant to their location before accessing or using our App.
9. USER RESPONSIBILITIES
9.1. Users are responsible for providing accurate and up-to-date Contact Information when prompted and Users must regularly review and update their Contact Information in the App's settings to ensure successful communication regarding prize claims.
9.2. Users acknowledge that only they are entitled to accept prizes awarded through the Lucky Road game. Users must not transfer, assign, or allow any other individual to claim their prizes without prior written consent from the Company.
9.3. Users are solely responsible for complying with these Terms, and only Users are entitled to all benefits accruing thereto.
9.4. You agree to: (i) provide additional information as part of ongoing efforts to prevent illegal and fraudulent activities; and (ii) comply with any other policies or protocols we elect to put in place.
9.5. You understand and agree that we reserve the right at any time to investigate your information provided pursuant to claiming prize thereof, including performing background checks and credit checks, in order to ensure compliance with these Terms and our obligations and to ensure that no improper or illegal activity is or has taken place.
10. USER CONTENT GUIDELINES
10.1. In utilizing the App, you may provide, display, submit, or otherwise share Contact Information through the App, provide Feedback for your gaming experience with the App, or other information as may be required to disburse the cash prize to you (collectively referred to as "User Content"). By doing so, you provide us with a worldwide, irrevocable, non-exclusive, royalty-free license to employ, reproduce, store, and distribute User Content within the operational scope of the App's functionalities. This includes but is not limited to, transfer cash prizes, or promotional and advertising purposes across any media now known or hereafter devised. You acknowledge that we may utilize any User Content consistent with our Privacy Policy on the App and you shall not be entitled to any payment or other compensation for such use. It’s your responsibility to ensure that the User Content abides by applicable jurisdictional laws and any agreement entered into. We aren’t responsible for any harm resulting from anyone’s access, use, or downloading of User Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your mobile devices from viruses, worms, Trojan horses, and other harmful or destructive content.
10.2. User Content must comply with the Content Standards set out in this Clause. User Content must not-
10.2.1. contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
10.2.2. promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
10.2.3. infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
10.2.4. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service, or our Privacy Policy;
10.2.5. be likely to deceive any person;
10.2.6. promote any illegal activity, or advocate, promote, or assist any unlawful act;
10.2.7. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
10.2.8. impersonate any person, or misrepresent your identity or affiliation with any person or organization;
10.2.9. involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
10.2.10. give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case;
10.3. The User acknowledges that we may or may not pre-screen User Content. However, we retain the right (but are not obligated) to pre-screen, refuse, or remove any User Content and/or products from the Platform at any time, for any reason. This includes, but is not limited to, instances where we receive claims, allegations, or complaints from third parties and/or authorities related to such User Content, or for no reason at all. However, we do not endorse or guarantee the accuracy, completeness, or reliability of any User Content.
10.4. You agree that the User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the country in which you reside.
10.5. You agree and allow us to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their Intellectual Property Rights or their right to privacy.
10.6. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
10.7. However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this Clause.
10.8. The App may have certain features that allow you to rate your gaming experience with Lucky Road or provide feedback (collectively, “Feedback”) to us, and/or share such Feedback with other users, or the public. If you submit Feedback, it shall be exclusively owned by our Company. By providing such Feedback to us, you acknowledge and agree that it may be used by us in order to: (i) further develop, customize, and improve our App, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized platform-related notices and/or interview requests based on your ratings and Feedback or otherwise, (iv) facilitate, sponsor, and offer certain promotions, and monitor performance, (v) create aggregated statistical data and other aggregated and/or inferred information, which we may use to provide and improve our App, (vi) enhance our data security and fraud prevention capabilities, and (vii) comply with any applicable laws and regulations.
10.9. We may use such Feedback for any purpose without any compensation or obligation to you. We reserve the right to remove any Feedback posted in our public forums for any reason at our sole discretion.
10.10. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third-party rights; (2) irrevocably assign to us any right, title, and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present, or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. Ownership Rights:
11.1.1. You acknowledge that no ownership of the Lucky Road App is being transferred. All rights, Intellectual Property, and interests in the App remain the exclusive property of the Company, its affiliates, or its licensors.
11.2. Intellectual Property Rights:
11.2.1. All rights, title, and interest in and to the App, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law including but not limited to any software, concepts, artwork, graphics, designs, themes, objects, characters, character names, literary work (including titles, fonts, texts, dialogues, catchphrases, etc.), source, and object code, computer code (including HTML), images, audio, music, video and other media, designs, animations, gaming guides, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the App, interactive features and objects, advertising and acquisition tools, inventions, trade secrets, logos, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to the Company.
11.2.2. Subject to the provisions of these Terms, we grant Users a limited, non-exclusive, non-transferable license to access and use our App strictly for its intended purposes. This license explicitly does not confer any ownership rights to Users, and any unauthorized use constitutes a material breach of these Terms.
11.2.3. All copyright and other intellectual property rights in the material on our App are reserved.
11.2.4. All intellectual property rights discovered, developed, or otherwise coming into existence as a result of, for the purposes of, or in connection with, the App will automatically vest in and are assigned to us, including any enhancements, improvements, and modifications to the Intellectual Property. You must not represent to anyone or in any manner whatsoever that you are the proprietor of Lucky Road and/or Intellectual Property.
11.2.5. We respect the intellectual property rights of others, and Users are expected to do the same. Uploading, posting, or otherwise transmitting any content that infringes on the Company's or any third party’s intellectual property rights is strictly prohibited.
11.2.6. These Terms of Service permit you to use the App for your personal use only. You are not permitted to reproduce, modify, create derivative works of, publicly display, publicly perform, or republish any of the material on our Platform, except as follows:
11.2.6.1. Your computer/mobile device may store copies of such materials in RAM incidental to your accessing and viewing those materials.
11.2.6.2. You may store files that are automatically cached by your Web browser/mobile operating systems for display enhancement purposes.
11.2.6.3. You may take screenshots of the App interface for your own personal use and not for further reproduction, publication, or distribution.
11.2.6.4. If we provide social media features with certain content, you may take such actions as are enabled by such features.
11.2.7. You must not:
11.2.7.1. Modify copies of any materials from this App.
11.2.7.2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
11.2.7.3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this App.
11.2.8. These Terms do not convey any right or interest in or to the Company’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of the Company’s Intellectual Property rights under any law.
11.3. Use of Your Intellectual Property:
11.3.1. You retain ownership rights to the User Content. By providing us with User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, publish, and display such User Content. To the extent that any User Content includes personal information of the User or third party, it will be handled in accordance with our Privacy Policy.
11.3.2. You acknowledge and agree that:
11.3.2.1. if you elect to upload any information or User Content to the App you are solely responsible for that information or User Content and we will not be liable for any loss, expenses, liabilities, costs, or damages that are caused by the information you provide on the App.
11.3.2.2. You agree that we may refer to you, your name, and make reference to you as a customer of ours in any communications or publications for the purposes of marketing or promoting our business provided that any proposed communication or reference is approved in writing in advance by you.
12. REPORT INTELLECTUAL PROPERTY INFRINGEMENTS
12.1. Users agree not to upload or transmit any communications or information that infringes or violates the rights of any party while using the App. We do not permit infringing materials to remain on the App and encourage Users to promptly notify us if they believe any materials on the App, including advertisements or related links, infringe third-party copyrights.
12.2. We take claims of copyright and trademark infringement seriously. We will respond to notices of alleged copyright and/or trademark infringement that comply with applicable law. If you believe any materials accessible on or from this App infringe your copyright or trademark, you may request removal of those materials (or access to them) from the App by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
12.2.1.1. Your physical or electronic signature.
12.2.1.2. Identification of the intellectual property you believe to have been infringed or, if the claim involves multiple works on the App, a representative list of such works.
12.2.1.3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
12.2.1.4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
12.2.1.5. A statement that you have a good faith belief that the use of the copyrighted or trademarked material is not authorized by the copyright or trademark owner, its agent, or the law.
12.2.1.6. A statement that the information in the written notice is accurate.
12.2.1.7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or trademark owner.
12.3. To report copyright infringement issues, please reach out to us at _____________________.
12.4. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright and/or trademark, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
13. LICENSE FOR USE
13.1. App License: Subject to your compliance with these Terms, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you. You are granted access to use the App strictly in accordance with the terms and conditions of this App license contained in these Terms. You shall not:
13.1.1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, except as permitted by applicable law;
13.1.2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
13.1.3. violate any applicable laws, rules, or regulations in connection with your access or use of the App;
13.1.4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us;
13.1.5. use the App for any purpose for which it is not designed or intended;
13.1.6. make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
13.1.7. use the App for creating a product, service, or software that is directly or indirectly competitive with or in any way a substitute for the App;
13.1.8. use the App to send automated queries to any website or to send any unsolicited commercial email; and/or
13.1.9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
13.2. Apple Devices: The following terms apply when you use the App obtained from the Apple Store (each an 'App Distributor') to access the App:
13.2.1. The license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
13.2.2. We are responsible for providing any maintenance and support services with respect to the App as specified in these Terms or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
13.2.3. To the maximum extent permitted by applicable law, the App Distributor will have no warranty obligation whatsoever with respect to the App.
13.2.4. You must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App.
13.2.5. You acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms. Each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
13.3. Usage Restrictions: This license does not allow you to:
13.3.1. engage in any unauthorized resale or commercial use of the App;
13.3.2. use any data mining, robots, or similar data gathering and extraction tools on the App; and
13.3.3. use the App in a manner that could damage, disable, overburden, or impair our App or interfere with any other party's use and enjoyment of the App.
14. RULES OF CONDUCT AND USAGE
14.1. Subject to your compliance with these Terms, including the 'Prohibited Uses' defined in Clause 14.5 below, we grant you a non-exclusive, non-transferable, revocable license to install and access the App.
14.2. Subject to compliance with these Terms, the access to the App is intended solely for your own use and is not to be used or exploited for the benefit of any third party.
14.3. The provision of the App will be carried out on a best-efforts basis. We do not provide any warranties for the continuous availability.
14.4. Prohibited Uses:
14.4.1. While using the App, Users consent to abstain from activities that contravene these Terms, encompassing fraudulent acts, spamming, hacking, and any actions that could disrupt the operations of the App;
14.4.2. The App must be accessed through or utilized on the devices with unaltered operating systems. Jailbroken devices, such as modified iPhones, are not permitted for access and utilization of the App;.
14.4.3. While using the App, Users are strictly prohibited from assuming the identity of others, utilizing counterfeit accounts, or indulging in any conduct that may falsely represent their identity;
14.4.4. You are prohibited from deliberately transfering the award money between accounts (e.g., “money laundering”),
14.4.5. You shall not edit or otherwise modify any material or information on our App unless you own or control the information;
14.4.6. You are prohibited from probing, scanning, or testing the vulnerability of our App without our permission;
14.4.7. You agree not to submit, transmit, or display any User Content, or use in a context, that may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive, or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of the Platform or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
14.4.8. You agree not to publish and/or make any use of the App on any website, media, network, or system other than those provided by the Company, and/or frame, “deep link”, “page-scrape”, mirror, and/or create a browser or border environment around any of the App (or any part thereof), except as expressly permitted by the Company, in advance and in writing;
14.4.9. You are prohibited from using our App to copy, store, host, transmit, send, use, publish, or distribute any material that consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
14.4.10. You are prohibited from decrypting or deciphering any communications sent by or to our App without our permission;
14.4.11. You shall not conduct any systematic or automated data collection activities, which include without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our App without our express written consent;
14.4.12. You shall not use our App except by means of our public interfaces;
14.4.13. You shall not use data collected from our App for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing, and direct mailing;
14.4.14. You agree not to remove or alter any copyright notices, watermarks, restrictions; and signs indicating proprietary rights of any of our licensors, including copyright mark [©], creative commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the App;
14.4.15. You must not do anything that interferes with the normal use of our App;
14.4.16. Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; and
14.4.17. 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.
14.5. Additional activities that are prohibited
You may not access or use the App for any purpose other than that for which we make it available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a User of the App, you agree not to:
You may not access or use the App for any purpose other than that for which we make it available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a User of the App, you agree not to:
14.5.1. trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as User contact information;
14.5.2. circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any User Content or enforce limitations on the use of the App and/or any content therein;
14.5.3. disparage, tarnish, or otherwise harm, in our opinion, us and/or the App. Use any information obtained from the App in order to harass, abuse, or harm another person;
14.5.4. make improper use of our App or submit false reports of abuse or misconduct;
14.5.5. use the App in a manner inconsistent with any applicable laws or regulations;
14.5.6. engage in unauthorized framing of or linking to the App;
14.5.7. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, 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 App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App;
14.5.8. attempt to impersonate another User or person or use the username of another User;
14.5.9. 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');
14.5.10. interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
14.5.11. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the services to you;
14.5.12. attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App;
14.5.13. copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
14.5.14. except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of theApp;
14.5.15. 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 App, or use or launch any unauthorized script or other software; and
14.5.16. make any unauthorized use of the App, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited emails, or registering by automated means or under false pretenses.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your access to our App– with or without further notice to you.
15. USER REPRESENTATIONS
15.1. By using the App, you represent and warrant that:
15.1.1. all the information you submit will be true, accurate, current, and complete;
15.1.2. you will maintain the accuracy of such information and promptly update such information as necessary;
15.1.3. you have the legal capacity and you agree to comply with these Terms;
15.1.4. your use of the App shall be solely for your own purposes;
15.1.5. you are not a minor in the jurisdiction in which you reside and you are responsible for adhering to your country's laws when accessing our App, given that the Company is located in the United States;
15.1.6. You will not access the App using bots, emulators, virtual environments, Artificial Intelligence tools, or any other methods that alter the game code or modify the natural gaming experience to reduce its difficulty. Any attempt to make the gameplay easier through such means is strictly prohibited;;
15.1.7. you will not use the App for any illegal or unauthorized purpose;
15.1.8. you will use the App solely for entertainment purposes. You will not use the App for any form of gambling or engage in any similar illegal activities; and
15.1.9. your use of the App will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising).
16. THIRD-PARTY SITES ON THE PLATFORM
We may provide links to third-party sites on our App for the purpose of advertising and marketing. You hereby acknowledge that when you access third-party sites, you do so at your own risk.
16.1. You understand that external sites are beyond our control, and we are not accountable for the content, functionality, accuracy, legality, appropriateness, or any other aspect of such external websites or resources. The inclusion of any link does not imply endorsement or sponsorship by us or any association with its operators.
16.2. You further understand that any charges or obligations you incur in your dealings with these third-party sites are your responsibility.
16.3. We may provide access to services from external or third-party service providers, seamlessly integrated into our App. Users acknowledge and agree that any issues or non-performance of such services will be addressed on a best-effort basis, subject to the pass-through obligations as agreed with the external/third-party service providers.
16.4. Users acknowledge that the linked third-party sites are not under our control and may collect data or solicit personal information from you, or they may automatically collect information from you. Users are advised to exercise caution when navigating external sites and using integrated services and carefully review the terms and conditions and privacy policies of all off-website pages and other websites that they visit.
16.5. By accessing, using, or downloading the App, you acknowledge and agree that we have not reviewed all the third-party sites linked to the App. Your linking to any other off-site pages or other sites is at your own risk.
16.6. We reserve the right to modify or remove links to third-party sites and services at any time without notice. Continued use of our App constitutes acceptance of any modifications to the links provided.
16.7. Users acknowledge that we collaborate with external or third-party service providers to enhance the user experience. Any collaborative efforts aim to improve services but are subject to the terms and conditions agreed upon with the respective service providers.
16.8. Users may be notified when they are leaving our App and redirected to access a third-party site or service. Additionally, we are not responsible for any content, advertisements, products, or other materials available on external sites or through integrated services.
17. APP AVAILABILITY
17.1. While we do our best to keep the App up and running all the time, we can't promise it will always be perfect. Sometimes, there might be interruptions, delays, or errors, or the App might not be free of viruses. If there are any problems, we'll try our best to fix them as soon as possible.
17.2. You need the internet to use the App, and you'll have to cover the costs for that. We won't be responsible for those costs.
17.3. The App might not work with every device out there, and sometimes we'll need to update it, which might make some parts temporarily unavailable.
17.4. We're not liable for any business losses or other indirect losses you might experience while using the App.
17.5. You're responsible for having the proper internet connection and devices to use our App. If you use wireless devices, you might have to pay extra fees to your mobile network. And while we try to make sure our App works on most devices, we can't guarantee they'll work perfectly on every single one.
18. SECURITY OF YOUR INFORMATION
Please take a moment to review our Privacy Policy which governs not only your visit to the App but also details the terms related to the collection of information from you, security measures, access to your data, and the transfer of your information. Rest assured, any personal information or data you share with us while using the App is treated with the utmost confidentiality and is strictly handled in accordance with our Privacy Policy, as well as applicable laws and regulations. If you have any objections to the transfer or use of your information, we kindly advise against using the App. Your privacy and trust are of utmost importance to us, and we strive to maintain the highest standards of data protection and security.
19. TERMINATION AND SANCTIONS
19.1. These legal Terms shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON OR ENTITY FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP, WITHOUT WARNING, AT OUR SOLE DISCRETION.
19.2. If we terminate or suspend your use of the App for any reason, you are prohibited from accessing and/or using our App under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
19.3. Upon termination of your access, you must immediately discontinue use of the App and promptly uninstall and delete the App. All licenses granted to you under these Terms automatically terminate and you shall automatically forfeit the right to use the App.
19.4. If the User is found to be in contravention of these Terms or any part thereof, any winnings that the User may otherwise have been entitled to receive shall be void and forfeited. Additionally, any such money received by the User shall be subject to disgorgement and/or recoupment. Additionally, the Company reserves the right to charge a fine of up to _______(please insert the amount) for engaging in unfair methods.
19.5. Users have the liberty to terminate their use of the App and/or uninstall the App whenever they wish by adhering to the instructions that are clearly outlined on the App.
19.6. Clauses including Indemnity, Disclaimer, and Limitation of Liability shall survive termination of these Terms.
20. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We cannot guarantee that the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. In case of a malfunction or disruption of the App that prevents you from completing a game in which you have begun to participate, we may allow Users to participate again in a game until the participation is complete. We reserve the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. Nothing in these legal Terms will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.
21. DISCLAIMERS AND WARRANTIES
21.1. THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP'S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, AND (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21.2. You acknowledge and agree that participation in Lucky Road does not guarantee any winnings or financial returns. All gaming content is provided for entertainment purposes only, and Users should not rely on this App as a source of income. While we strive to create a fun and engaging experience, the outcomes of games may involve elements of chance, and results are not predictable. By using this App, you acknowledge and accept that you may not win and that you are participating at your own risk.
21.3. You understand that playing Lucky Road can be an enjoyable experience; however, it is important to be aware of potential health risks associated with prolonged gaming. These risks may include, but are not limited to:
21.3.1. Eye strain: Extended screen time can lead to discomfort, dryness, or irritation of the eyes;
21.3.2. Repetitive strain injuries: Prolonged use of gaming devices may result in injuries to the hands, wrists, and arms; and
21.3.3. Seizures: Some individuals may experience seizures triggered by flashing lights or patterns in games.
21.4. You further understand that prolonged gaming may also lead to gaming addiction. We recommend taking regular breaks and seeking help if you feel you may have a gaming addiction. While the App is designed to be a fun experience, it's important to be aware of the potential consequences of excessive gaming. Some users may develop an unhealthy attachment to the game, which can negatively impact their daily lives and well-being.
21.5. It is your responsibility to ensure that your participation in any gaming activities provided by us is legal in your jurisdiction. By using this App, you acknowledge and agree that it is your sole responsibility to comply with all applicable laws and regulations related to online gaming. We do not provide any form of gambling or betting services. All gaming content is intended for entertainment purposes only. If you are unsure about the legality of your participation in any gaming activities, please consult with a legal professional in your area. We are not liable for any legal issues or consequences that may arise from your use of this App.
21.6. You recognize that utilizing Services and engaging with third-party services through the App involves inherent risks. We cannot ensure specific outcomes from such interactions and usage. Therefore, you assume all associated risks, liabilities, and potential harm that may arise from these interactions. These risks include but are not limited to, misrepresentation of information by third-party services, breaches of warranty or contract, rights violations, and any resulting claims or consequences.
21.7. Except as provided in these Terms, no further warranty, condition, undertaking, or term, express or implied, statutory or otherwise as to the condition, quality, performance, or fitness for the purpose of the App provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.
21.8. We do not recommend the use of the App for hosting personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
22. LIMITATION OF LIABILITY
22.1. We bear no responsibility for any secondary, resultant, or incidental harm that may occur due to the utilization or inability to utilize the App.
22.2. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the App, even if we have been advised of the possibility of such damages.
22.3. We shall not be liable for:
22.3.1. Unsuccessful transactions, delays, or financial losses due to events beyond our control or third-party services;
22.3.2. The App not meeting individual requirements, containing defects, or causing damage due to cyber attacks or other breaches beyond our control;
22.3.3. Internet transmissions not being entirely private or secure; messages may be read by others; and/or
22.3.4. Under various legal theories, we shall not be liable for loss of profits, revenue, goodwill, or any indirect or consequential damages arising from the use of the App. Users should be aware of potential risks in internet transmissions.
22.4. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our App to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.
22.5. Users acknowledge and agree that Lucky Road is a gaming app for entertainment purposes only and that we do not assume responsibility for the actions, representations, or outcomes of any User.
23. INDEMNIFICATION
You are solely and exclusively responsible for your use of the App:
23.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand received or suffered by us, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of (1) your contributions; (2) your use of the App; (3) breach of these Terms; (4) breach of any terms outlined in Wire Transfer Agreement; (5) any breach of your representations and warranties set forth in these Terms; (6) your violation of the rights of a third party, including but not limited to intellectual property rights; (7) any overt harmful act toward any other user of the App; or (8) any inaccuracies or errors in the results provided by the Platform. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
24. DISPUTE RESOLUTION AND GOVERNING LAW
24.1. You expressly acknowledge and agree that we shall have the right to enforce these Terms against you.
24.2. These Terms shall be construed in accordance with the applicable laws of Delaware, United States.
24.3. If any dispute or claim arises from or in connection with (i) these Terms, (ii) the Wire Transfer Agreement, (iii) your access to or use of our App, the relevant parties shall resolve the dispute through amicable negotiations. If the dispute is not resolved within a period of 30 (thirty) days from the date of commencement of discussions or for a longer period as the parties may agree in writing, then a party may refer the dispute to arbitration. The arbitration shall be conducted in the English language. The award given by the arbitrator (s) shall be final and binding on all parties involved in the dispute.
24.4. If you are located within the United States, Canada, the United Kingdom or the European Union, or any of their territories, then any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You agree that such arbitration shall take place in Washington DC, United States.
24.5. If you are located in a country other than listed above, then the arbitration will be conducted pursuant to UNCITRAL rules and the location for the arbitration shall be mutually agreed upon.
24.6. The Company shall not be liable to bear the expenses of commute and accommodation for the disputing Users.
24.7. Notwithstanding the foregoing, you agree that (i) we have the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Delaware, United States.
25. NO CLASS ACTIONS
UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING Further, neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
26. MISCELLANEOUS
26.1. You understand that we will not be liable to you if we are prevented from, or delayed in, providing App services due to acts, events, omissions, or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence the provision of the Services as soon as reasonably practicable.
26.2. We may assign any or all of our rights and obligations to any person or affiliate entity at any time. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
26.3. You acknowledge that there is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services.
27. CONTACT
If you require further information or have any inquiries or concerns regarding the Terms, please do not hesitate to contact us in writing at:
Email: ________________________
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