Liftoff Labs Terms of Use
Last modified: July 30, 2025
These Liftoff Labs Terms of Use, as amended from time to time ("Terms of Use"), are a legal agreement between you and Lift Off Labs, LLC and any of its respective successors or assigns ("Liftoff", "we" or "us"). These Terms of Use apply to access to and use of the websites, games, software and other products and services (collectively, the "Liftoff Offerings") provided by Liftoff. The Liftoff Offerings include, without limitation, liftofflabsgames.com , any other sites on which these Terms of Use are posted or linked, and the Restricted Offerings and Liftoff Software (as defined below).
By agreeing to these Terms of Use, you are agreeing to be bound by these Terms of Use and the Supplemental Terms. If you do not agree to be bound by these Terms of Use, then you may not use or access the Liftoff Offerings.
A few other important notes before diving into the rest of the Terms of Use:
· These Terms of Use include a mandatory arbitration provision and waiver of class relief in Section 26. If you do not wish to be subject to arbitration, you must opt out of the arbitration provision by following the instructions provided in Section 26.
· For individuals living within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum. It includes additional and alternative terms that may be applicable depending on where you live. The Global Addendum is part of the Terms of Use. In the event of a conflict between any term in the Global Addendum and the main body of the Terms of Use, the Global Addendum will control to the extent of the conflict.
· In addition to the Terms of Use, we also publish a Privacy Policy. Although the Privacy Policy is not a part of the Terms of Use, we encourage you to read it to better understand how we collect, use, share and otherwise process information about you.
1. ELIGIBILITY
You must be at least thirteen (13) years of age, or sixteen (16) years of age if you are located in the European Economic Area, Switzerland, or United Kingdom, to create a Liftoff Account (as defined below) or to access or use most Liftoff Offerings. If you are under the age of 18 (or the age of majority where you live), you may only create a Liftoff Account, or access or use Liftoff Offerings under the supervision of a parent, guardian, or carer who has also agreed to these Terms of Use. Parents, guardians, and carers are responsible for their minor’s access and use of the Liftoff Account (if one is created) and Liftoff Offerings. Liftoff recommends that parents, guardians, and carers familiarize themselves with parental controls on devices used by minors.
You must be at least eighteen (18) years of age (or the age of majority where you live) to access or use Liftoff Offerings involving social casino-style game play ("Restricted Offerings"), including creating a Liftoff Account for one or more Restricted Offerings. Restricted Offerings are intended for amusement purposes only.
You may not create a Liftoff Account or use any other Liftoff Offerings if: (a) you cannot enter into a binding contract with Liftoff, (b) you do not meet the age requirements set forth above, (c) you are located in, or a resident of, a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country ("Embargoed Jurisdiction"), (d) you are subject to any sanctions administered by an agency of the U.S. government or the United Nations, (e) you are listed on any United States government list of prohibited or restricted parties, or (f) you have previously been banned from playing any Liftoff game or using any Liftoff Offering, unless Liftoff has reversed that ban, in its sole discretion.
2. ADDITIONAL TERMS AND AMENDMENTS
Each of your Liftoff Offering account(s) (each, a "Liftoff Account") and access to and use of any other Liftoff Offerings are governed by these Terms of Use and any applicable additional guidelines, terms, or rules that Liftoff makes available to you or otherwise gives you notice of (the "Supplemental Terms"). The Supplemental Terms are incorporated into these Terms of Use by reference. If there is a conflict between these Terms of Use and any Supplemental Terms, the Supplemental Terms will control for that specific instance of conflict.
The Liftoff Offerings are always evolving, so it is important that you periodically check these Terms of Use as well as the Supplemental Terms for updates. Liftoff reserves the right to change or modify the Terms of Use and the Supplemental Terms at any time and in our sole discretion. We may need to make such changes, to account for changes to the Liftoff Offerings (such as when new features are added or when older features are retired); for business, legal, regulatory, or security reasons; or to prevent abuse or harm. If Liftoff makes material changes to these Terms of Use or the Supplemental Terms, we will use commercially reasonable efforts to notify you of such changes, such as (by way of example only) by providing notice through the Liftoff Offerings or by email using the information provided in your Liftoff Account registration. The "Last Modified" date at the top of these Terms of Use will indicate the latest update. If we revise these Terms of Use or the Supplemental Terms, such revision(s) will take effect on the date we indicate. Your continued access or use of any Liftoff Offering after such posting constitutes your acceptance of the revised Terms of Use or Supplemental Terms. If you do not agree to any revision we make to these Terms of Use or the Supplemental Terms, you must immediately discontinue using and participating in all Liftoff Offerings.
If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for information on how this Section applies to you.
3. USE OF LIFTOFF OFFERINGS; ACCOUNT REGISTRATION
a. Technical requirements. Liftoff Offerings may require you to have certain minimum technical requirement/s, as provided and detailed for the respective Liftoff Offering. While using and accessing the Liftoff Offering, you acknowledge that you read and understand the minimum technical requirements applicable to receive the Liftoff Offering.
b. Account Registration. You may need to become a Registered User and create a Liftoff Account to access some Liftoff Offerings. If you create a Liftoff Account, you must provide truthful and accurate information when creating a Liftoff Account and promptly update this information if it changes. You may have no more than one Liftoff Account for any Liftoff Offering, and Liftoff reserves the right to limit the number of Liftoff Accounts a user can establish. This limit may change over time in our sole discretion. If you forget your password, you can request a password reset link be sent to your registered e-mail address. For purposes of these Terms of Use, "User," or "user" is one who has registered a Liftoff Account directly with Liftoff or has a valid account on a social networking service or other third-party service or platform through which the User has connected to the Liftoff Offering (each such account, a "Third-Party Account"). When registering a Liftoff Account, you may be required to provide certain information so that we can provide you with a Liftoff Account identification number. Keep your Liftoff Account details and passwords secured as further described in sub-section (e) "Registration Data" below. To protect our Liftoff Offerings, Users and Liftoff itself, we reserve the right, if necessary, to refuse to register any Liftoff Account or to terminate it in accordance with these Terms of Use.
c. Visitors and Guests. If you are a visitor, you may be able to view and use certain features of the Liftoff Offerings that are available without registration. You do not need to register with Liftoff to simply visit and view websites, the public information on the Liftoff Offerings, or to download certain applications. You may also have the option to play certain Liftoff Offerings as a guest, if available.
d. Access through Third-Party Platforms. If you access the Liftoff Offering(s) through a social networking service or other third-party service (each a "Third-Party Platform") as part of the functionality of the Liftoff Offering, you may link your Liftoff Account with Third-Party Accounts by allowing Liftoff to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Liftoff and/or grant Liftoff access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Liftoff to pay any fees or making Liftoff subject to any usage limitations imposed by such third-party service providers. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Liftoff Account on the Liftoff Offering. You have the ability to disable the connection between your Liftoff Account and your Third-Party Accounts at any time by accessing the "Settings" section of the applicable Liftoff Offering. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND LIFTOFF DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Additionally, you agree and understand that Liftoff does not control those Third-Party Platforms and their content. You are subject to and should read the terms of use/service agreements and privacy policies that apply to such Third-Party Platforms.
e. Registration Data. In registering for the Liftoff Offering(s), you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the Liftoff Offering's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. To the fullest extent permitted by law, you are responsible for all activities that occur under your Liftoff Account. You may not share your Liftoff Account or password with anyone, and you agree to (a) notify Liftoff immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Liftoff Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Liftoff has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Liftoff has the right to suspend or terminate your Liftoff Account and refuse any and all current or future use of the Liftoff Offering(s) (or any portion thereof). To the fullest extent permitted by law, Liftoff reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights.
f. Network Access. When you access the Liftoff Offering(s) through a mobile network, your network or roaming provider's messaging, data, and other rates and fees will apply. You are required to pay any fees to connect to a mobile network, the Internet, and for data or cellular usage to download and use the Liftoff Offerings. Downloading, installing, or using certain services may be prohibited or restricted by your network provider and not all features of the Liftoff Offering(s) may work with your network provider or device.
g. Mobile Device Usage. You may choose to use the Liftoff Offerings on a mobile device. If you do, you may need an account with Liftoff that provides your mobile application marketplace provider identifier, like an Apple ID. You may need to update mobile device software from time to time to receive the Liftoff Offerings. We provide Liftoff Offerings, and you are required to provide the equipment (computer, phone, tablet, etc.) and pay any fees related to your use of the Liftoff Offerings on a mobile device, which may include app stores.
4. ELECTRONIC COMMUNICATIONS
When you access a Liftoff Offering, send e-mails to, or electronically chat with Liftoff, 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 Liftoff Offerings. You agree that all agreements, notices, disclosures, and other communications that Liftoff provides to you electronically satisfy any legal requirement that such communications be in writing.
5. OWNERSHIP; LIMITED LICENSE
The Liftoff Offerings, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by Liftoff or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms of Use, all rights in and to the Liftoff Offerings are reserved by us or our licensors. Subject to your compliance with these Terms of Use, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Liftoff Offerings for your own personal, noncommercial use. Any use of the Liftoff Offerings other than as specifically authorized by these Terms of Use, without our prior written permission, is strictly prohibited, and violates our intellectual property rights.
6. VIRTUAL ITEMS
Certain Liftoff Offerings may provide you with the opportunity for us to license to you a variety of virtual items such as virtual currency, virtual goods, and content packs ("Virtual Items") that can be used while using the Liftoff Offering. You may be required to pay a fee to obtain Virtual Items ("Paid Virtual Items"). When you use Virtual Items within a Liftoff Offering, any Paid Virtual Items that you have purchased will be deemed used before any Virtual Items that you have earned.
VIRTUAL ITEMS, LICENSED TO YOU IN ACCORDANCE WITH THESE TERMS OF USE, ARE NOT PREPAID PAYMENT INSTRUMENTS OR OTHERWISE ITEMS OF MONETARY VALUE.
You have no property interest in any Virtual Items. Virtual Items obtained through Liftoff Offerings are provided to you under a limited, nontransferable, revocable, non-sublicensable license to use those Virtual Items within the applicable Liftoff Offering. Virtual Items may not be transferred or resold, including, without limitation, by means of any direct sale or auction service. You may not, and may not attempt to, purchase, sell, trade, or sublicense Virtual Items from any individual or entity 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 Liftoff Offering and then only to the extent offered within such applicable Liftoff Offering. Virtual Items cannot, except as stated in the Global Addendum if appliable to you, be refunded or exchanged for cash or any other tangible value.
Liftoff may manage, regulate, control, modify or eliminate your Virtual Items in our sole discretion and without limitation or restriction, and Liftoff will have no liability to you or anyone or any entity for exercising those rights. In addition, all Virtual Items are unconditionally forfeited if your Liftoff Account is deleted, terminated, cancelled, or suspended for any reason, whether by you or Liftoff. If Liftoff discontinues any Liftoff Offering or any portion or feature of any Liftoff Offering, you also unconditionally forfeit any Virtual Items connected to the discontinued Liftoff Offering.
Liftoff has no liability for a third-party hacking or loss of your Virtual Items. Liftoff has no obligation to, and will not, reimburse you for any Virtual Items lost due to your violation of these Terms of Use, disruption, interruption, or discontinuance of the Liftoff Offering or service downtimes related to the same. Liftoff reserves the right, without prior notification, to limit the order quantity on any Virtual Items and/or to refuse to provide you with any Virtual Items. Price and availability of Virtual Items are subject to change without notice.
If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for legal guarantees and refund rights applicable to your Virtual Items.
7. REVIEWS, COMMUNICATIONS AND SUBMISSIONS
Our Liftoff Offerings may allow you and other users to create, post, store, and/or share content, including usernames, messages, text, photos, videos, software, and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Liftoff, you retain all rights in and to your User Content, except for any text, graphics, images, photographs, videos, illustrations, or other content contain in or derived from the Liftoff Offerings included in your User Content.
You grant Liftoff and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content, including any name, likeness, voice, biography, or signature provided by you in connection with your User Content, in all media formats and channels now known or later developed without compensation to you. Depending on your account settings and which Liftoff Offering you are interacting with, when you post or otherwise share User Content on or through a Liftoff Offering, your User Content and any associated information (such as your username, city and state location, skill level, favorite game and favorite genres) may be visible to others. If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for information on the license you grant Liftoff to your User Content.
You may not create, post, store or share any User Content that violates these Terms of Use, that does not comply with our Review Guidelines, or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of your User Content as permitted by these Terms of Use, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit, or monitor User Content, we may (a) monitor any communications within the Liftoff Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed and (b) block, edit, delete, or remove any User Content at any time and for any reason with or without notice.
Liftoff does not endorse or approve any User Content that you or other users post or communicate on or through any Liftoff Offerings. Liftoff does not assume any responsibility or liability for any content that is generated, posted, or communicated by any user on or through the Liftoff Offerings.
8. PROHIBITED CONTENT AND CONDUCT
You are solely responsible for your conduct while using the Liftoff Offerings. You may not use the Liftoff Offerings if you engage in, encourage, or promote any prohibited conduct or content. On a high level, that means you must not violate any applicable laws, contracts, intellectual property rights, or other third-party rights or cause, or threaten to cause, anyone else harm. Without limiting the generality of the policies and standards in these Terms of Use (including, without limitation, our Review Guidelines) this means you may not post, transmit, promote, or distribute any User Content that:
· Is threatening, inciteful, deceptive, inappropriate, obscene, defamatory, crude, illegal, immoral or offensive;
· Contains a virus, corrupted data, malware, spyware, adware, or any other malicious, invasive harmful, disruptive, or destructive code or program;
· Is for a purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending "spam";
· Contains any private or personal information of a third party without that third party’s consent; or
· Acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.
· Additionally, you may not:
· Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
· Discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
· Impersonate another person, including by indicating that you are a Liftoff employee or a representative of Liftoff (if you are not);
· Attempt to obtain a password, other account information, or other private information from any other user of a Liftoff Offering, or a User on a Third-Party Platform;
· Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects or disrupts other users;
· Use features of the Liftoff Offerings or Third-Party Platforms to access a Liftoff Offering for anything other than their intended purpose;
· Make use of any payment methods or refund systems to access, purchase or refund Liftoff Offerings for fraudulent purposes, or without permission of the authorized owner, or otherwise concerning a criminal offense or other unlawful activity;
· Improperly use any Liftoff Offering game support functions or complaint buttons, such as by making false complaints or other reports to Liftoff representatives;
· Use or launch any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Liftoff Offering, or any other unauthorized script or software that interacts with a Liftoff Offering;
· Modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, or create derivative works from any part of the Liftoff Offerings, including any Liftoff Offering(s) available on or through Third-Party Platforms, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
· Use a false e-mail address or otherwise disguise the source of any content that you submit within a Liftoff Offering or Third-Party Platform, such as by anonymizing your internet protocol address;
· Create a "username" or a "persona" in a Liftoff Offering or Third-Party Platform that uses your real name, that uses a username or persona that is already used by someone else or that includes materials Liftoff determines are vulgar or offensive or violates someone else's rights;
· Interfere with or circumvent any Liftoff Offering security feature or any other feature that is intended to restrict or enforce limitations on use of or access to a Liftoff Offering, or any part thereof, including any Liftoff Offering available on or through any Third-Party Platforms;
· Sell, lease, loan, or rent any part of a Liftoff Offering, including, without limitation, any Virtual Items, Liftoff Accounts and access to them, including any Liftoff Offering available on or through any Third-Party Platforms; or
· Engage in cheating, including, but not limited to, by using bots, hacks, add-ons, malware, scripts, or mods not expressly authorized by Liftoff.
Content standards may vary depending on where you are within a Liftoff Offering and the expectations of the relevant game community. You must always use good, respectful, and conservative judgment in interacting as part of any game play, and submitting any User Content, such as a review or post to any forums or message boards, within a Liftoff Offering.
If you violate this Section 8, Liftoff may take enforcement actions, including, without limitation, terminating, or suspending your Liftoff Account in accordance with Section 14. Enforcement of this Section 8 is solely at Liftoff’s discretion, and failure to enforce this Section 8 in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 8 does not create any private right of action on the part of any third party or any reasonable expectation that the Liftoff Offerings will not contain any content that is prohibited by such rules.
9. COMMERCIAL ACTIVITY AND UNSOLICITED E-MAIL
You may use the Liftoff Offerings for your own individual, personal, noncommercial use only. This means you may not use any portion of the Liftoff Offerings to collect information, including login names, about other users, and use of such information to send unsolicited communications, or for any other purpose, is strictly prohibited. You may not advertise any goods or services on any Liftoff Offerings, or otherwise exploit your participation on or through any Liftoff Offerings for any commercial purpose.
10. UNSOLICITED SUBMISSIONS
Please be aware that Liftoff does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts, games, game ideas, game names, or other potential creative content. This is to avoid the possibility of future misunderstanding when projects developed by Liftoff staff, studios, or representatives might seem to others to be similar to their submitted concepts, creative ideas, suggestions, stories, scripts, or other potential creative content. So please do not send Liftoff any unsolicited submissions. If you do send Liftoff, our staff, studio(s), or representative(s) an unsolicited submission, you understand and agree that your unsolicited submission does not create any fiduciary relationship between you and Liftoff, and that Liftoff is under no obligation to refrain from using the unsolicited submission (in whole or in part), to keep it confidential, or to compensate you if Liftoff or any of its affiliates make any use of it.
11. LIFTOFF SOFTWARE LICENSE
To access some Liftoff Offerings, you may need to install certain software provided by Liftoff or its affiliated or related entities onto your computer or mobile device (such software and any associated media or documentation, "Liftoff Software"). The Liftoff Software is part of the Liftoff Offerings. Accordingly, your access to and use of Liftoff Software is subject to these Terms of Use.
The license granted to you to use Liftoff Software is limited to only permitting you to install and use the Liftoff Software on computers, tablets and mobile devices owned or controlled by you and solely to allow you to participate in the Liftoff Offerings.
You may also be required to agree to a separate end-user license agreement ("EULA") with Liftoff or its affiliates when you download or install Liftoff Software. In the event of a conflict between a EULA you agreed to in connection with Liftoff Software and the terms of these Terms of Use, the terms of the EULA control with regard to the Liftoff Software.
12. REPORTING CONTENT
If you believe that anything within a Liftoff Offering infringes any of your intellectual property rights, including copyright that you own or control, you may notify Liftoff at:
Designated Agent: Legal Department
Address: C/O 906 Alaskan Way, Suite 700
Seattle, Washington 98104
USA
Email Address ip@bigfishgames.com
To report other prohibited content or conduct within a Liftoff Offering, please contact Customer Support
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you are submitting a notice under the DMCA, please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on Liftoff Offerings is infringing, you may be liable to Liftoff for certain costs and damages.
13. THIRD-PARTY LINKS, CONTENT, AND SERVICES
Any and all software, content, and services (including advertising) within a Liftoff Offering that are not owned by Liftoff are "third-party content and services." Liftoff 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 Liftoff Offerings may include links to sites, such as social networking sites or payment sites, operated by third parties, including, without limitation, advertisers, payment providers and other content providers ("Other Sites"). We are not responsible for any Other Sites, and such a link does not mean we endorse or approve the Other Site or any information you obtain from it. To the extent permitted by law, we are not liable for any claim relating to any content, goods, and/or services offered by or obtained from any Other Sites.
Those Other Sites may collect data or solicit personal information from you. Liftoff does not control such Other Sites, and you agree that Liftoff is not responsible for the content, business practices or policies of Other Sites or third-party content and services, or for the collection, use, sharing, or disclosure of any information those Other Sites may collect. Any and all use of any Other Sites is at your sole risk, cost, and responsibility.
14. TERMINATION OF ANY LIFTOFF ACCOUNT
Liftoff and you each have the right to terminate any of your Liftoff Account(s), if applicable, at any time for any reason or no reason. Liftoff reserves the right to collect fees, surcharges or costs incurred before termination of your Liftoff Account(s) or a particular subscription. In the event that your Liftoff Account is terminated, unless otherwise agreed by Liftoff in writing, 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 Liftoff Account(s) or anything associated with it (such as points, tokens or Virtual Items). If your Liftoff Account is terminated, you will need to cancel any subscriptions you enrolled in with App Providers (as explained in Section 23). Liftoff cannot cancel such subscriptions on your behalf. Any delinquent or unpaid Liftoff Accounts must be settled before Liftoff may allow you to create any new or additional Liftoff Accounts. All Virtual Items are unconditionally forfeited if your Liftoff Account is terminated for any reason, including terminations in Liftoff's sole discretion.
Deleting your Account: You may stop using the Liftoff Offerings and voluntarily delete or request we delete your Liftoff Account at any time. You may delete your Liftoff Account using the settings within the Liftoff Offering or submit an online Customer Support (support@liftofflabsgames.com) message to request deletion of your Account. Unless applicable law requires otherwise, Liftoff is not required to provide refunds, benefits, or other compensation if you request deletion of your Account.
If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for information on how this Section applies to you.
15. TRADEMARKS
LiftoffLift Off Labs and the names and logos, product or service names, slogans and the look and feel of the Liftoff Offerings are protected by copyright, trademark, trade dress and other intellectual property rights owned by Liftoff. These elements may not be copied, imitated, reverse engineered, or used, in whole or in part, without the prior written permission of Liftoff. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Liftoff Offerings are the property of their respective owners, who may or may not be affiliated with or connected to Liftoff. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation by us.
16. FEEDBACK
If you choose to provide to Liftoff any ideas, suggestions, or other feedback regarding any Liftoff Offerings, or any proposed software or offerings (collectively "Feedback"), you hereby grant Liftoff a perpetual, irrevocable, non-exclusive, worldwide, fully sublicensable, royalty-free, fully paid, right and license to use and exploit (including, without limitation, commercially exploit) in any manner, means, language and/or media, whether now known or hereafter devised such Feedback without restriction, including in connection with any Liftoff Offerings, or other products or services of Liftoff. You understand that Liftoff may treat Feedback as nonconfidential.
17. DISCLAIMERS
YOU AGREE THAT THE USE OF ANY LIFTOFF OFFERING, LIFTOFF SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL LIFTOFF OFFERINGS AND LIFTOFF 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, LIFTOFF DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE LIFTOFF OFFERINGS OR LIFTOFF SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE LIFTOFF OFFERINGS, LIFTOFF SOFTWARE, NEWSLETTERS, E-MAILS, OR OTHER COMMUNICATIONS SENT FROM LIFTOFF ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
If you are located in a country which provides consumer guarantees or imposes obligations on us which cannot be excluded, restricted, or modified, or only to a limited extent, then nothing in these Terms of Use is intended to exclude, restrict, or modify such mandatory guarantees or obligations. If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you. Please see the Global Addendum for the warranty terms that apply to you.
18. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIFTOFF AND OUR SUBSIDIARIES AND AFFILIATES AND EACH OF OUR RESPECTIVE EMPLOYEES, AGENTS, LICENSORS, LICENSEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (INDIVIDUALLY AND COLLECTIVELY, THE "LIFTOFF PARTIES") WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY -- WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE -- FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF LIFTOFF OR THE OTHER LIFTOFF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE LIFTOFF PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID LIFTOFF IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
THE LIMITATIONS SET FORTH IN THIS SECTION 18 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF LIFTOFF OR THE OTHER LIFTOFF PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SUCH LIABILITY SHALL INSTEAD BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
IF YOU ARE A RESIDENT OF NEW ZEALAND OR AUSTRALIA, THIS SECTION 18 DOES NOT EXCLUDE, RESTRICT, OR MODIFY THE APPLICATION OF ANY RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED, OR MODIFIED INCLUDING THOSE CONFERRED BY THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993 AND THE AUSTRALIAN CONSUMER LAW (COMPETITION AND CONSUMER ACT 2010). UNDER THESE ACTS ARE GUARANTEES WHICH INCLUDE THAT GOODS AND SERVICES ARE OF ACCEPTABLE QUALITY. IF THESE GUARANTEES ARE NOT MET, THERE ARE ENTITLEMENTS TO HAVE THE SOFTWARE REMEDIED (WHICH MAY INCLUDE REPAIR, REPLACEMENT, OR REFUND). IF A REMEDY CANNOT BE PROVIDED OR THE FAILURE IS OF A SUBSTANTIAL CHARACTER, THE ACTS PROVIDE FOR A REFUND.
If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you. Please see the Global Addendum for the limitations of liability that apply to you.
19. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify and hold harmless, and at Liftoff’s request defend, Liftoff and the Liftoff Parties from and against any and all losses, liabilities, claims demands, costs and expenses ("Claims") arising out of or related to (a) your access to or use of the Liftoff Offerings; (b) your User Content or Feedback; (c) your violation of these Terms of Use; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Liftoff Offerings. You agree to promptly notify Liftoff Parties of any third-party Claims, cooperate with Liftoff Parties in defending such Claims, if requested by Liftoff, and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). Without limiting your indemnification obligations described herein, Liftoff reserves the right to assume the exclusive control of the defense or settlement of Claims otherwise subject to indemnification by you. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Liftoff or the other Liftoff Parties.
If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you.
20. IMPORT TAXES AND FEES
When you buy physical goods (e.g. disc) through any Liftoff Offering for delivery outside the United States, you are considered an importer and, as between you and Liftoff, 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. Note that cross-border deliveries are subject to opening and inspection by customs authorities.
21. CORRECTIONS
Liftoff reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order was submitted and accepted) in any order, price, advertisement, promotion, or giveaway.
If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you. Please see the Global Addendum for the correction terms that apply to you.
22. NON-WAIVER
The failure of Liftoff to exercise or enforce our rights under these Terms of Use does not operate as a waiver of such right or provision. Any waiver of our rights, including any waiver of any breach or default, must be in a writing signed by Liftoff.
23. PROCESSING CREDIT AND DEBIT CARD PAYMENTS
Access to the Liftoff Offerings, or to certain features of the Liftoff Offerings, may require you to pay fees. Liftoff may give you different payment options. We reserve the right to change our payment options at any time and for any reason.
Before you become obligated to pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Except as stated in the Global Addendum, all fees are non-refundable, to the fullest extent permitted under applicable law. Liftoff may change any or all of its fees (or impose new fees) upon notification to you of such changed or new fees. Such notification will be made reasonably in advance, and you may terminate any subscriptions or other Liftoff Offerings subject to the price change if you do not agree with the change; however, and to the extent not prohibited under applicable law, you will be deemed to have accepted the changes and such changed or new fees will be applicable after the end of the notice period if you have not terminated the subscription or other Liftoff Offerings subject to the price change.
Liftoff or its payment processor will charge the payment method you specify at the time of purchase. When you provide credit card information or other information necessary to facilitate payment to us or our vendors, you represent to us that (a) the payment information you supply to us is accurate and complete, (b) you are an authorized user of the payment method, (c) charges incurred by you will be honored by your financial institution, and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. You authorize Liftoff or its payment processor to charge all sums as described in these Terms of Use, for the Liftoff Offerings you select, to that payment method. If you pay any fees with a credit card, Liftoff or its payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Fees for the Liftoff Offerings are processed in the United States, and foreign transaction fees may apply if you are located outside the United States.
In the event it becomes necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds, when issued directly by Liftoff, will typically be made to the same method of payment and account used to place the order. Depending on where you reside and when your purchase was made, any taxes you paid on an order may not be included in a credit or refund issued directly by Liftoff that you receive for the order. If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for refund terms applicable to you.
For transactions made via a distribution platform like the Apple App Store or Google Play (each an "App Provider"), the App Provider’s refund policy will apply. Customers who completed a transaction through an App Provider will need to contact the App Provider directly with any refund requests. Please see the following support pages for more information:
· How do I get a refund? (iOS)
· How do I get a refund? (Android)
The Liftoff Offerings may include functionality for activating, updating, or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Liftoff Offerings, you authorize Liftoff to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Liftoff Offerings to update or cancel any existing authorized one-time or recurring payment, it may take several business days for the update or cancellation to take effect.
24. EXPORT CONTROL LAWS
Certain Liftoff Offerings may be subject to United States and international export controls. You will not export any Liftoff Offerings to any person or place to which the United States, European Union, United Kingdom, Switzerland, Australia, or New Zealand has embargoed goods of the nature of Liftoff Offerings. 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 Liftoff 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.
25. OTHER LEGAL TERMS
You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Liftoff relating to this subject matter, and cannot be changed or terminated orally.
26. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS SECTION 26 CAREFULLY, BECAUSE IT REQUIRES ARBITRATION OF CERTAIN DISPUTES WITH LIFTOFF AND IT LIMITS THE MANNER IN WHICH RELIEF CAN BE SOUGHT FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. THIS SECTION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS AGAINST LIFTOFF, INCLUDING ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS (INCLUDING IN A PRIVATE ATTORNEY GENERAL CAPACITY). ALL ARBITRATIONS (AND LITIGATION, WHERE ALLOWED) SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION.
Most of your concerns can be resolved quickly and satisfactorily by contacting Liftoff customer support through links available in your Liftoff Account, within the app (where available), or at https://bigfishgames.zendesk.com/hc/en-us/p/help_center. We encourage you to try Liftoff customer support before beginning any formal dispute procedures, but you are not required to.
If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you. Please see the Global Addendum for the dispute resolution terms that apply to you.
27. APPLICABLE LAW, JURISDICTION, AND VENUE
These Terms of Use and the rights of the parties hereunder, including with respect to the use by You or by any third party of the Liftoff Offerings and including all claims whether sounding in contract, tort, any statutory cause of action, or any other legal theory, shall be governed by and construed in accordance with the laws of the State of Washington except to the extent preempted by U.S. federal law, without regard to conflict or choice of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between you and Liftoff arising from these Terms of Use or your use of Liftoff Offerings that is not subject to arbitration and cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington. The parties irrevocably consent to the jurisdiction of such venues.
If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you. Please see the Global Addendum for the dispute resolution terms that apply to you.
28. CALIFORNIA NOTICE
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
If you have any questions about these Terms of Use or our Liftoff Offerings, please contact Customer Support (support@liftofflabsgames.com). For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
GLOBAL ADDENDUM
The following special provisions apply if you live in a country located in the European Economic Area, Switzerland, or United Kingdom.
1. ADDITIONAL TERMS AND AMENDMENTS
Notwithstanding anything in the "Additional Terms and Amendments" section of the Terms of Use (Section 2 above), you are only subject to those Supplemental Terms that you have expressly agreed to. This includes the Supplemental Terms that are listed in the Terms of Use and any additional Supplemental Terms that you agree to through the Liftoff Offerings.
When we materially change or modify the Terms of Use and any Supplemental Terms, we will provide you with reasonable advance notice of the changes and the opportunity to review the changes, except (a) when the changes are beneficial to you; (b) when the changes only address a new service or feature being launched; or (c) when the changes are to address an urgent situation, such as preventing ongoing abuse or responding to legal requirements. If you do not agree to the new terms, you should stop using Liftoff Offerings and, if you have one, close your Liftoff Account.
2. USER CONTENT
Notwithstanding anything in the "Reviews, Communications and Submissions" section of the Terms of Use (Section 7 above), the license you grant Liftoff to your User Content only lasts for as long as your User Content is protected by intellectual property rights.
3. TERMINATION OF ANY LIFTOFF ACCOUNT
Notwithstanding anything in the "Termination of Any Liftoff Account" section of the Terms of Use (Section 14 above), we will only terminate your Liftoff Account or your access to and use of other Liftoff Offerings for good cause. There is good cause if, taking into account all the circumstances of the specific case and weighing the interests of both parties, we cannot reasonably be expected to continue the contractual relationship, such as if you materially or repeatedly breach these Terms of Use. We may also suspend your Liftoff Account and access to our Liftoff Offerings for a period of up to ninety (90) days while we investigate suspected misconduct if the misconduct would qualify as good cause and we reasonably believe that misconduct may have occurred.
4. LEGAL GUARANTEES (SWITZERLAND AND UNITED KINGDOM ONLY)
If you live in Switzerland or the United Kingdom, this Section applies to you. The Liftoff Offerings will be provided using a commercially reasonable level of care and skill. Other than as expressly stated in these Terms of Use, Liftoff does not make any commitments about the reliability of the Liftoff Offerings or the ability of the Liftoff Offerings to meet your needs and disclaims all other warranties.
5. LEGAL GUARANTEES (EEA ONLY)
If you live in the European Economic Area, this Section applies to you. Consumer laws where you live provide that Liftoff is liable to you for supplying digital content and services that comply with any contract you have with Liftoff and with the objective and subjective criteria set out by the law. Under these consumer laws, Liftoff is liable for any lack of conformity that you discover:
· Within two years for digital goods that Liftoff supplies to you on a one-off basis;
· At any time for digital content or services that Liftoff supplies to you on a continuous basis; or
· During any longer guarantee period provided by the laws of the country where you live.
Liftoff will not, however, be liable for the non-conformity if Liftoff can demonstrate that the lack of conformity is directly attributable to the incompatibility between the digital content or service and your digital environment and that you had been informed by Liftoff of the technical compatibility requirements of that content or service before the conclusion of the contract. You are required to cooperate with Liftoff, to the extent reasonably possible, necessary, and least intrusive for you, to determine whether the lack of conformity is caused by that incompatibility. If you want to make a guarantee claim, please contact us at the address provided in Section 12 of the Terms of Use.
6. MODIFICATIONS TO THE LIFTOFF SERVICES (EEA ONLY)
If you live in the European Economic Area, this Section applies to you. Liftoff may modify and adapt Liftoff Offerings and functionality beyond what is necessary to maintain the contractual conformity of the Liftoff Offerings (a "Modification"), for reasons such as (a) to implement changed legal requirements or case law, (b) to implement changed technical requirements such as a new technical environment or for other operational reasons, in particular to make necessary enhancements for the safety of users or other third parties, (c) to adapt to changed market conditions such as increased user numbers or significant changes of specific and verifiable open market costs, (d) due to changes in licenses we hold from third parties or other third party compliance requirements, and (e) for your benefit or to your advantage.
If such a Modification negatively impacts your access to or use of a Liftoff Offering and such negative impact is more than minor, ("Negative Modification"), Liftoff will provide you with reasonable advance notice of the Negative Modification ("Modification Notice"), except in urgent situations such as a modification to prevent abuse, to respond to legal requirements, or to address security or operability issues. The Modification Notice will include information on what the modification is, when the modification will take place, and your right to end your contract with us.
In the event of a Negative Modification, you have the right to terminate the agreement related to the respective Liftoff Offering free of charge with a notice period of 30 days. The 30-day period begins with your receipt of the Modification Notice. If the Negative Modification is made after you receive the Modification Notice, the period shall begin to run only from the date of the Negative Modification. The termination of the agreement is excluded if Liftoff enables you to maintain access and use of the Liftoff Offerings without the Negative Modification and without additional costs. Even after termination, Sections 2, 3, 4, 6-9, 14-22 and 26-27 of the Terms of Use, each as may be modified by the Global Addendum, will stay in effect.
7. LIMITATIONS OF LIABILITY
Notwithstanding anything in the "Limitations of Liability" section of the Terms of Use (Section 18 above), nothing in the Terms of Use will limit Liftoff’s liability for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by Liftoff or its vicarious agents or for damages based on an intentional breach of duty or grossly negligent breach of duty by Liftoff or its vicarious agents.
For all other damages, Liftoff is only liable for its simple negligent violation of essential contractual obligations and such liability shall be limited to the damage foreseeable and typical for the contract at the time of conclusion of these Terms of Use. To be clear, essential contractual obligations are those whose fulfillment characterizes the contract and on which the user may rely. Otherwise, liability is excluded.
Insofar as the liability of Liftoff is limited or excluded, the limitations or exclusions shall also apply to the personal liability of any and all Liftoff employees, legal representatives, and vicarious agents.
The limitations and exclusions of liability according to this Section do not affect the liability of Liftoff according to the mandatory legal provisions of product liability acts in the countries where users are located. For users located in Germany, this includes liability due to the fraudulent concealment of a defect as well as the assumption of a guarantee for the quality of an item under the Product Liability Act.
8. CORRECTIONS
Liftoff exercises reasonable care to ensure that the price it lists for Liftoff Offerings are correct. However, errors may occur. If we accept and process an order for a Liftoff Offering where a pricing error was obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract and refund you any sums you have paid.
9. DISPUTE RESOLUTION
These Terms of Use and your access to and use of the Liftoff Offerings will be governed by and construed and enforced in accordance with the laws of the country where you live, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. In the event you bring legal proceedings in respect of these Terms of Use in the courts of the country where you live, you will benefit from any mandatory provisions of the law of the jurisdiction in which you are a resident. Nothing in these Terms of Use affects your rights as a consumer to rely on mandatory provisions of the jurisdiction in which you are a resident.
We prefer to solve your requests directly with you and therefore, unless otherwise agreed to by Liftoff in writing, we do not participate in alternative consumer dispute resolution proceedings. If you would like to bring a matter to our attention, please contact us.
10. RIGHT OF WITHDRAWAL
Statutory withdrawal right: Notwithstanding any references to limited refund policies in the Terms of Use, if you purchase a Liftoff Offering (such as a Paid Virtual Item) for your own personal (non-commercial) use directly from Liftoff, you have the right to withdraw from the transaction within fourteen (14) days from the date of the transaction as long as none of the exceptions explained below apply.
Withdrawal procedure: To exercise the right of withdrawal, you must inform Liftoff of the decision to withdraw by providing written notice to Customer Service (support@liftofflabsgames.com) of your desire to withdrawal. The following sample withdrawal form can (but does not have to) be used:
|
Cancellation form To [game name] Customer Service: I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*], Ordered on [*]/received on [*], Name of customer(s), Customer ID and/or email associated with account Address of customer(s) Signature of customer(s) (only if this form is notified on paper), Date [*] Delete as appropriate |
Effects of withdrawal: If you withdraw from a transaction made directly with Liftoff, we will reimburse you for all payments we have received from you within fourteen (14) days after receiving your withdrawal notice. Reimbursements may be limited, however, if you have lost your right to complete withdrawal from a contract (as explained below). For this reimbursement, we will typically use the same means of payment that you used for the original transaction, unless we have expressly agreed otherwise with you.
Losing your withdrawal right: You will lose your withdrawal right under the following circumstances:
· When the contract is for a Liftoff Offering that is digital content, such as a game or software, not supplied on a tangible medium and you expressly agree to have Liftoff supply the digital content to you before the end of the withdrawal period. In such cases you lose your right of withdrawal and will not be entitled to any reimbursements.
· When the contract is for a Liftoff Offering that is a digital service and you expressly agree to have Liftoff supply the digital content to you before the end of the withdrawal period. In such cases you may only exercise your withdrawal right with regard to any part of the services not yet performed, meaning that the refund you receive after withdrawing will be prorated based on the proportion of the services already provided by the time you notify us of your decision to withdraw.
Transactions with third parties: Liftoff is unable to refund transactions made via a distribution platform like the Apple App Store or Google Play. The App Provider’s refund policy will apply to such transactions, and customers who completed a transaction through an App Provider will need to contact the App Provider directly with any refund requests. See Section 23 of the Terms of Use for more information about how you can request a refund from an App Provider.