Liftoff Labs Terms of Use
Last Updated and Effective: February 24, 2022
AGREEMENT AND SERVICES
Please read these Terms of Use carefully, including the mandatory arbitration provision in the section titled “Dispute Resolution by Binding Arbitration,” which, unless otherwise prohibited under applicable law, requires that any past, current, or future disputes are resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions provided at the end of the section titled “Dispute Resolution by Binding Arbitration” within 30 days after accepting these Terms of Use. These Terms of Use also provide that any claim or cause of action arising out of or related to these Terms of Use or a Liftoff Labs Offering must be filed within one year after such claim arose; and is thereafter forever barred.
IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY WHERE YOU LIVE, YOUR PARENT OR LEGAL GUARDIAN SHOULD REVIEW THESE TERMS OF USE FOR YOU.
APPLICABLE LAW, JURISDICTION, AND VENUE
THE FOLLOWING PROVISION DOES NOT APPLY TO RESIDENTS OF QUEBEC
These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of conflict or choice of law rules.
The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted under these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., §§ 1-16).
You and Liftoff Labs irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts located in King County, Washington, for all disputes arising out of or relating to these Terms of Use, the subject matter of these Terms of Use, or your access to and use of any Liftoff Labs Offering, that are heard in court (not arbitration).
THE FOLLOWING PROVISION APPLIES TO RESIDENTS OF QUEBEC ONLY
These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the Province of Quebec, exclusive of conflict or choice of law rules.
By clicking “Accept” or otherwise accessing or using any Liftoff Labs Offering, you are indicating that you have read and understand the terms, and that you agree to comply with and be bound by these Terms of Use and all terms incorporated herein by reference. Liftoff Labs reserves the right to change or modify these Terms of Use at any time and in our sole discretion, and we will use commercially reasonable efforts to notify you of such changes. If you do not agree to these Terms of Use in their entirety, you may not use any Liftoff Labs Offerings.
You must be at least thirteen (13) years of age, (fourteen (14) in some jurisdictions where it is the age of partial capacity), or sixteen (16) years of age if you are located in the European Union, to create a Liftoff Labs account or to access or use most Liftoff Labs Offerings. You must be at least eighteen (18) years of age to access or use Liftoff Labs Offerings involving social casino-style game play (“Restricted Offerings,” which include but are not limited to the video games Big Fish Casino and Jackpot Magic Slots). The Restricted Offerings may not be available in the countries where they are prohibited or otherwise limited. If you are younger than eighteen (18) (or the age of legal majority where you live): (1) you may not access or use Restricted Offerings, and (2) you may use the Liftoff Labs Offerings (other than Restricted Offerings) only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian of a user under the age of eighteen (18), you agree to be fully responsible for the acts or omissions of such user in relation to any Liftoff Labs Offering.
Liftoff Labs LLC and/or its Affiliates provide access to the Liftoff Labs Offerings subject to the conditions set forth in these Terms of Use. For purposes of these Terms of Use, the term "Affiliates" means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party, and the term "Liftoff Labs Offerings" means the web sites of Liftoff Labs, including www.Liftoffgames.com , any other sites on which these Terms of Use are posted, and any other Liftoff Labs application, service or product licensed, downloaded or otherwise accessed by you through third party sites or sources, including the products and services available through any of the foregoing, including without limitation the Liftoff Labs Software (as defined herein).
These Terms of Use are entered into between you and Liftoff Labs LLC. The term “Liftoff Labs” means Liftoff Labs LLC along with its Affiliates.
Without limiting the foregoing, each of your Liftoff Labs Offering account(s) (each a "Liftoff Labs account"), if applicable, and participation in any Liftoff Labs Offerings are governed by these Terms of Use. The Liftoff Labs Offerings are always evolving, so it is important that you periodically check these Terms of Use, as well as the specific rules for any games or activities in which you choose to participate, for updates. Liftoff Labs reserves the right to change or modify these Terms of Use at any time and in our sole discretion. If Liftoff Labs makes changes to these Terms of Use, 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 Labs Offerings or updating the "Last Modified" date at the top of these Terms of Use. If we revise these Terms of Use, such revision(s) will take effect 30 days following such notification, unless another delay is otherwise allowed under applicable law. Your continued access or use of any Liftoff Labs Offering after such posting constitutes your acceptance of the revised Terms of Use. We encourage you to frequently review these Terms of Use to ensure that you understand the terms and conditions that apply to your use of the Liftoff Labs Offerings. If you do not agree to any revision we make to these Terms of Use, you must immediately discontinue using and participating in any and all Liftoff Labs Software and Liftoff Labs Offerings. If there is a conflict between these Terms of Use and any other rules or instructions posted within a Liftoff Labs Offering, these Terms of Use will control.
ACCOUNT REGISTRATION
If you create a Liftoff Labs account within any Liftoff Labs Offering, you must provide truthful and accurate information to us in creating such account and promptly update this information if it changes. If Liftoff Labs has reasonable grounds to suspect that you have provided any information that is inaccurate, not current, or incomplete, Liftoff Labs may suspend or terminate your ability to use or access a Liftoff Labs Offering and refuse any and all current or future use of or access to any or all Liftoff Labs Offerings (or any portion thereof).
Liftoff Labs reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.
When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your Liftoff Labs account or any other account that you may connect to your Liftoff Labs account.
You are solely responsible for all activity on any and all of your Liftoff Labs account(s), whether or not you have authorized such activities or actions, and for the security of your computer system. Liftoff Labs cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not reveal your username or password to any other person. Liftoff Labs will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold Liftoff Labs and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your Liftoff Labs account(s). This includes illegal or improper use by someone to whom you have given permission to use your Liftoff Labs account(s) or whom you have negligently allowed to access your Liftoff Labs account(s). Liftoff Labs reserves the right to terminate your Liftoff Labs account(s) if any activity that occurs with respect to such account(s) violates these Terms of Use.
NOTICES AND ELECTRONIC COMMUNICATIONS
When you access a Liftoff Labs Offering, send e-mails or electronically chat with Liftoff Labs, you are communicating with us electronically. You consent to receive communications from and conduct business with us electronically. We will communicate with you by posting notices in the Liftoff Labs Offerings. You agree that all agreements, notices, disclosures and other communications that Liftoff Labs provides to you electronically, including those regarding modifications to the Terms of Use, satisfy any legal requirement that such communications be in writing.
VIRTUAL ITEMS
Certain Liftoff Labs Offerings may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods, additional levels, and content packs ("virtual items") that can be used while playing the Liftoff Labs Offering. You may be required to pay a fee to obtain virtual items. When you use virtual items within a Liftoff Labs Offering, any virtual items that you have purchased will be deemed used before any virtual items that you have earned.
You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable Liftoff Labs Offering membership benefits, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable Liftoff Labs Offering. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter, or any other transaction. Virtual items have no monetary value and cannot be used to purchase or use products or services other than within the applicable Liftoff Labs Offering. Virtual items cannot be refunded or exchanged for cash or any other tangible value.
Liftoff Labs may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and Liftoff Labs will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Liftoff Labs Offering account is terminated or suspended for any reason, in Liftoff Labs’ sole discretion, or if Liftoff Labs discontinues any Liftoff Labs Offering or any portion or feature of any Liftoff Labs Offering.
Liftoff Labs has no liability for hacking or loss of your virtual items. Liftoff Labs has no obligation to, and will not, reimburse you for any virtual items lost due to your violation of these Terms of Use. Liftoff Labs 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 Liftoff Labs has reasonable grounds to suspect that you have provided any information that is inaccurate, not current, or incomplete, Liftoff Labs may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).
REVIEWS, COMMUNICATIONS AND SUBMISSIONS
Generally
You agree to comply with these Terms of Use when you submit reviews, forum posts and other content via any Liftoff Labs Offering. Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the Liftoff Labs Offerings. Content standards may vary depending on where you are within a Liftoff Labs Offering and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You must always use good, respectful, and conservative judgment in interacting as part of any game play, and submitting any content, such as a review or post to any forums or message boards, within a Liftoff Labs Offering.
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Liftoff Labs Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Liftoff Labs does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Liftoff Labs Offerings. Liftoff Labs does not assume any responsibility or liability for any content that is generated, posted, or communicated by any user on or through the Liftoff Labs Offerings. You agree to indemnify Liftoff Labs and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Liftoff Labs Offerings.
Without limiting the generality of these policies and standards, the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your Liftoff Labs account(s) being immediately suspended or terminated:
· Posting, transmitting, promoting, or distributing any content that is illegal
· Harassing, threatening, or “stalking” any other user of a Liftoff Labs Offering or any employee or contractor of Liftoff Labs
· Impersonating another person, indicating that you are a Liftoff Labs employee or a representative of Liftoff Labs (if you are not), or attempting to mislead users by indicating that you represent Liftoff Labs in any way
· Attempting to obtain a password, other account information, or other private information from any other user of a Liftoff Labs Offering
· Uploading any software, files, photos, images, or any other content to a Liftoff Labs Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
· Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending "spam", or making any commercial use of any Liftoff Labs Offering
· Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
· Improperly using any game support functions or complaint buttons or making false complaints or other reports to Liftoff Labs representatives.
· Posting or communicating any player's real-world personal information within a Liftoff Labs Offering or by or through a Liftoff Labs Offering or any related bulletin board.
· Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.
· Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Liftoff Labs Offering, or using or launching any unauthorized script or other software.
· Using a false e-mail address or otherwise disguising the source of any content that you submit within a Liftoff Labs Offering or using tools which anonymize your internet protocol address.
· Interfering or circumventing any Liftoff Labs Offering security feature or any feature that restricts or enforces limitations on use of or access to a Liftoff Labs Offering.
· Attempting to sell any part of a Liftoff Labs Offering, including, without limitation, any virtual items (if applicable), Liftoff Labs accounts and access to them in exchange for real currency or items of monetary or other value.
· Engaging in cheating or any other activity that Liftoff Labs deems to be in conflict with the spirit of a Liftoff Labs Offering.
Public Nature of Communications
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any Liftoff Labs Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Liftoff Labs Offerings (other than with respect to the registration information you provide to us in establishing your Liftoff Labs account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Liftoff Labs Offering may be seen and used by others and may result in unsolicited communications. Liftoff Labs is not liable for any information that you choose to submit or communicate to other users on or through any Liftoff Labs Offerings, or for the actions of any other users of any Liftoff Labs Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any Liftoff Labs Offering, that such materials and Liftoff Labs’ use and redistribution thereof as contemplated by the Liftoff Labs Offerings do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity. YOU AGREE TO INDEMNIFY LIFTOFF LABS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, VENDORS, AND CONTENT PROVIDERS FOR ALL CLAIMS RESULTING FROM YOUR SUBMITTED AND POSTED CONTENT. IF ANY SUCH MATERIALS INCORPORATE THE NAME, VOICE, LIKENESS AND/OR IMAGE OF ANY INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO GRANT LIFTOFF LABS UNRESTRICTED PERMISSION TO USE ANY SUCH NAME, VOICE, LIKENESS AND/OR IMAGE OF SUCH INDIVIDUAL APPEARING IN THE MATERIALS YOU POST THROUGHOUT THE WORLD IN PERPETUITY. Once you post or communicate any content or materials on or through a Liftoff Labs Offering, you expressly grant Liftoff Labs the complete, worldwide, fully sub-licensable, perpetual, and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
Commercial Activity and Unsolicited E-mail
You may not use any portion of the Liftoff Labs Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Liftoff Labs Offerings, or otherwise exploit your participation on or through any Offerings for any commercial purpose.
Customer Reviews / Feedback
You may submit reviews of certain Liftoff Labs Offerings. Use of the reviews feature is for your personal, non-commercial use and is at your own option and risk, and you must comply with the policies set forth in these Terms of Use.
When you post a review, we will display your rating of the Liftoff Labs Offering, along with your username and certain other information you may provide, such as your city and state location, skill level, favorite game, and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements, and modifications to Liftoff Labs Offerings (“Feedback”). You may submit Feedback by e-mailing us, at support@liftoffgames.com. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Liftoff Labs. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Liftoff Labs or its affiliates for any purpose whatsoever, including developing, improving, and marketing products. You hereby irrevocably transfer and assign to Liftoff Labs all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Liftoff Labs’ rights in such improvements, enhancements, and modifications.
LIFTOFF LABS SOFTWARE
We may require that you download certain software from Liftoff Labs, its principals or its licensors onto your computer or mobile device (such software and any associated media or documentation, "Liftoff Labs Software"). The Liftoff Labs Software and other Liftoff Labs Offerings are protected by copyright laws and international copyright treaties, as well as other intellectual property rights, and is licensed, not sold. Subject to your compliance with these Terms of Use, Liftoff Labs grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to install and use the Liftoff Labs Software on computers or mobile devices owned or controlled by you, solely to participate in the Liftoff Labs Offerings. The Liftoff Labs Software is for your personal use, and except as expressly provided above, may not be reproduced, duplicated, copied, resold, distributed, sublicensed, or otherwise used in whole or in part by you for any purpose. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, or create derivative works from any of the Liftoff Labs Software, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Liftoff Labs or its licensors, except for the licenses and rights expressly granted in these Terms of Use. All rights not expressly granted to you by these Terms of Use are hereby reserved.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW NEITHER LIFTOFF LABS NOR ITS LICENSORS ARE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY LIFTOFF LABS SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE LIFTOFF LABS SOFTWARE, RESIDES WITH YOU.
SOCIAL NETWORK SITES
If you access a Liftoff Labs Offering via a third party social networking site (a "Social Game"), you acknowledge that you are aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current, and complete. Social networking sites are “third party content and services” as described in the following paragraph.
THIRD PARTY LINKS AND THIRD PARTY CONTENT AND SERVICES
Any and all software, content, and services (including advertising) within a Liftoff Labs Offering that are not owned by Liftoff Labs are "third party content and services." Liftoff Labs 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 Labs Offerings may include links to sites, such as social networking sites, operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Liftoff Labs does not control such sites, and you acknowledge and agree that Liftoff Labs is not responsible or liable for (i) the availability, terms or practices of such websites, resources, or services, or (ii) the content, products, or services available on or through such websites, resources, or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Liftoff Labs of such websites, resources or services or the content, products, or services available on or through such websites, resources, or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products, or services available on or through such websites or services.
We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products, or services available on or through such websites or services.
VIOLATION OF THESE TERMS OF USE
If you violate our Terms of Use, Liftoff Labs reserves the right, in its sole discretion, to immediately terminate your participation in any or all Liftoff Labs Offerings, including any and all Liftoff Labs accounts you have established. You acknowledge that Liftoff Labs is not required to notify you prior to terminating any such account.
TERMINATION OF ANY LIFTOFF LABS ACCOUNT
Liftoff Labs and you each have the right to terminate or cancel any of your Liftoff Labs account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your Liftoff Labs account(s) and/or ceasing use of any and all Liftoff Labs Offerings are your sole right and remedy with respect to any dispute with Liftoff Labs. This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in or Liftoff Labs’ enforcement or application of these Terms of Use or any other agreement between you and Liftoff Labs, (b) the content available on or through the Liftoff Labs Offerings, or any change in or to such content, (c) your ability to access and/or use any Liftoff Labs Offerings, or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, in each case imposed or implemented by Liftoff Labs on or through any Liftoff Labs Offering.
Liftoff Labs reserves the right to collect fees, surcharges or costs incurred before you cancel your Liftoff Labs account(s) or a particular subscription. In the event that your Liftoff Labs account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items), unless otherwise required by applicable law. Any delinquent or unpaid accounts must be settled before Liftoff Labs may allow you to create any new or additional accounts. All virtual items are unconditionally forfeited if your Liftoff Labs account is terminated or suspended for any reason, in Liftoff Labs’ sole discretion, or if Liftoff Labs discontinues any Liftoff Labs Offering that includes virtual items.
Without limiting the foregoing provisions, if you violate these Terms of Use, Liftoff Labs may issue you a warning regarding the violation, or, in Liftoff Labs’ sole discretion, immediately terminate any and all Liftoff Labs accounts that you have established with any Liftoff Labs Offering, with or without notice.
NO ENDORSEMENTS
Users are required by the Terms of Use to provide accurate information and, although Liftoff Labs may conduct certain limited checks and/or institute certain processes designed to help verify information provided by users, we do not guarantee the completeness or accuracy of any information provided by any user, including the user’s purported identity, credentials, or background.
Any indication that a user has been “verified” (or similar language) only means that the user has completed a relevant verification process. It is not an endorsement, certification or guarantee by Liftoff Labs about the user, including of the user’s identity, credentials, or background. Any such description is intended only help you to evaluate and you make your own decisions about the identity and suitability of others whom you contact or interact with via the Liftoff Labs Offerings.
We recommend that you exercise due diligence when deciding to communicate or interact with another user, and we will not be responsible or liable for any damage or harm resulting from your interactions with other users.
INTELLECTUAL PROPERTY RIGHTS
Except for the limited license to use the Liftoff Labs Offerings expressly granted hereunder, Liftoff Labs retains all right, title, and interest in and to the Liftoff Labs Offerings, including any accompanying content and all intellectual property rights therein and thereto.
Liftoff Labs Games, Inc. and the names and logos, product or service names, slogans and the look and feel of the Liftoff Labs Offerings constitute trademarks or trade dress of Liftoff Labs and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Liftoff Labs Offerings are the property of their respective owners, who may or may not be affiliated with or connected to Liftoff Labs. If you fail to adhere to these Terms of Use, content owners may take criminal or civil action against you. 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.
LIMITATIONS ON WARRANTIES AND LIABILITY
SOME JURISDICTIONS, INCLUDING QUEBEC AND AUSTRALIA, DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT THE USE OF ANY LIFTOFF LABS OFFERING, LIFTOFF LABS SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL LIFTOFF LABS OFFERINGS AND LIFTOFF LABS 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, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT PROVIDED BY LIFTOFF LABS UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIFTOFF LABS DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE LIFTOFF LABS OFFERINGS OR LIFTOFF LABS SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE LIFTOFF LABS OFFERINGS, LIFTOFF LABS SOFTWARE, NEWSLETTERS, E-MAILS, OR OTHER COMMUNICATIONS SENT FROM LIFTOFF LABS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
· YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LIFTOFF LABS IS TO STOP USING THE LIFTOFF LABS OFFERINGS AND LIFTOFF LABS SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR LIFTOFF LABS ACCOUNTS, IF APPLICABLE.
· LIFTOFF LABS IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A LIFTOFF LABS OFFERING BY, ANY LIFTOFF LABS OFFERING USER.
· IN NO EVENT SHALL LIFTOFF LABS'S OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS', OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO LIFTOFF LABS FOR YOUR PARTICIPATION IN ANY LIFTOFF LABS OFFERING. IN NO CASE SHALL LIFTOFF LABS OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY LIFTOFF LABS OFFERING OR LIFTOFF LABS SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
· THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE LIFTOFF LABS OFFERING IS AND REMAINS WITH YOU.
· YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING THE LIFTOFF LABS OFFERING, COMMUNICATING, OR INTERACTING WITH OTHER USERS AND ACCESSING, VIEWING OR DOWNLOADING THE CONTENT OF OTHER USERS ARE DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE LIFTOFF LABS AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT LIFTOFF LABS IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD LIFTOFF LABS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF LIFTOFF LABS OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING LIFTOFF LABS OFFERINGS AND LIFTOFF LABS SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
INDEMNIFICATION
To the maximum extent not prohibited by applicable law, without limiting your other indemnification obligations described herein, you agree to release, defend, indemnify and hold harmless Liftoff Labs and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any Liftoff Labs Offering. Without limiting your indemnification obligations described herein, you agree that, at Liftoff Labs’ option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) Liftoff Labs may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Liftoff Labs (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action..
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms of Use.
BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LIFTOFF LABS AND YOU, AND SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
IMPORT TAXES AND FEES
When you buy physical goods (e.g., disc) through any Liftoff Labs Offering for delivery outside the United States, you are considered an importer and, as between you and Liftoff Labs, you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, HST (QST) and GST (as applicable), 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.
CORRECTIONS
Liftoff Labs 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.
NON-WAIVER
If we do not enforce our rights under these Terms of Use, that does not waive our right to do so later. Any waiver of our rights, including any waiver of any breach or default, must be in a written agreement signed by Liftoff Labs.
PROCESSING CREDIT AND DEBIT CARD PAYMENTS
Access to the Liftoff Labs Offerings, or to certain features of the Liftoff Labs Offerings, may require you to pay fees. Before you become obligated to pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, to the fullest extent permitted under applicable law. If Liftoff Labs changes the fees for the Liftoff Labs Offerings, including by adding additional fees or charges, Liftoff Labs will provide you advance notice of those changes. If you do not accept the changes, Liftoff Labs may discontinue providing the Liftoff Labs Offerings to you. Liftoff Labs or its payment processor will charge the payment method you specify at the time of purchase. You authorize Liftoff Labs or its payment processor to charge all sums as described in these Terms of Use, for the Liftoff Labs Offerings you select, to that payment method. If you pay any fees with a credit card, Liftoff Labs 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 Labs Offerings are processed in the United States, and foreign transaction fees may apply if you are located outside the United States. The Liftoff Labs Offerings may include functionality for activating, updating, or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Liftoff Labs Offerings, you authorize Liftoff Labs 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 Labs 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.
EXPORT CONTROL LAWS
Certain Liftoff Labs Offerings may be subject to United States and international export controls. By accessing Liftoff Labs Offerings, you warrant that you are not located in any country, or exporting any Liftoff Labs Offerings, to any person or place to which Canada, the United States, European Union, or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Liftoff Labs Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.
OTHER LEGAL TERMS
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 Labs relating to this subject matter, and cannot be changed or terminated orally.
PRIVACY
Our collection and use of information about you is governed by our Privacy Policy. By accessing and using Liftoff Labs Offerings, you consent to the collection and use of this information, including the transfer of this information for storage, processing, and use by Liftoff Labs. As part of providing you the Liftoff Labs Offerings, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered party of the Liftoff Labs Offering, which you may not be able to opt out from receiving. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy[CC3] .
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS "DISPUTE RESOLUTION BY BINDING ARBITRATION" PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH LIFTOFF LABS AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW ALL OR PART OF THE FOLLOWING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST LIFTOFF LABS. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST LIFTOFF LABS BY SOMEONE ELSE. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM 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. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW.
Scope of Arbitration Provision. You and Liftoff Labs agree that any dispute, claim or controversy arising out of or relating to your access to or use of any Liftoff Labs Offering or to these Terms of Use, (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Use) (a "Dispute"), no matter when such Dispute arose or arises, shall be determined by arbitration, except that you and Liftoff Labs are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Location of Arbitration and Applicable Rules. You and Liftoff Labs agree that such arbitration shall occur in King County, Washington. You may request to appear in such proceedings telephonically. You and Liftoff Labs agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Service ("JAMS"), as modified by these Terms of Use.
Authority of Arbitrator. With the exception of class procedures and remedies as discussed below under "Waiver of Class Relief," the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
Confidentiality. You and Liftoff Labs shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will only be required to pay arbitration fees of $250 of the fees charged by JAMS in connection with any arbitration under this section, and Liftoff Labs will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. You will still be responsible for paying your own attorneys’ fees.
WAIVER OF CLASS RELIEF. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND LIFTOFF LABS WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOU AND LIFTOFF LABS ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
Procedure to Opt Out of Arbitration Provision. You may opt out of this arbitration provision only by written Notice via U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Liftoff Labs, Attn: Legal Department, at 906 Alaskan Way, Suite 700, Seattle, WA, 98104. You must send such Notice within thirty (30) days of your acceptance of these Terms of Use. You must sign and date the Notice, and include in it your name, address, and a clear statement that you do not wish to resolve disputes with Liftoff Labs through arbitration. If you do not follow this procedure by your thirty (30) day deadline to do so, then you and Liftoff Labs shall both be bound by the terms of this section entitled Dispute Resolution by Binding Arbitration.
If any portion of this section entitled "Dispute Resolution by Binding Arbitration" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
STATUTE OF LIMITATIONS
You and Liftoff Labs agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use or a Liftoff Labs Offering must be filed within ONE (1) year after such claim arose; and is thereafter forever barred. Notwithstanding the foregoing, in the event of a consumer action in India, any claim or cause of action arising out of or related to these Terms of Use or a Liftoff Labs Offering must be filed within TWO (2) years after such claim arose; and is thereafter forever barred.
SEVERABILITY
If any part of these Terms of Use is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
REMEDIES
Except as expressly set forth herein, the exercise by either party of any of its remedies under the Terms of Use will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
SURVIVAL OF TERMS OF USE
Any provisions of the Terms of Use that contemplate performance or observance subsequent to the expiration or termination of these Terms of Use shall survive such expiration or termination.
ASSIGNMENT
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under the Terms of Use, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation, or sublicense without the foregoing consent will be null and void. Liftoff Labs may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms of Use, in whole or in part, in its sole discretion, without restriction.
Subject to the foregoing, the Terms of Use will bind and inure to the benefit of the parties, their successors and assigns.
NO AGENCY
Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the Terms of Use.
THIRD PARTY BENEFICIARIES
Except as otherwise expressly set forth herein, the Terms of Use do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
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.
CONTACT US
Liftoff Labs LLC
Attn: Legal Department
906 Alaskan Way, Suite 700
Seattle, Washington 98104
USA
DIGITAL MILLENNIUM COPYRIGHT ACT
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 believe that anything on Liftoff Labs Offerings infringes any copyright that you own or control, you may notify Liftoff Labs' Designated Agent listed below. For your notice to be effective, it must include the following information per the DMCA:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A description of the copyrighted work that you claim has been infringed upon;
(iii) A description of where the material that you claim is infringing is located within the Liftoff Labs Offering;
(iv) Information reasonably sufficient to permit Liftoff Labs to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that if you knowingly misrepresent that any activity or material on Liftoff Labs Offerings is infringing, you may be liable to Liftoff Labs for certain costs and damages.
Liftoff Labs’ Designated Agent is:
Liftoff Labs LLC
Attn: Legal Department
906 Alaskan Way, Suite 700
Seattle, Washington 98104
USA
ADDENDUM – ADDITIONAL TERMS – CANADA
AUTOMATIC UPDATES AND UPGRADES
You must be at least fourteen (14) years of age to create a Liftoff Labs account or to access or use most Liftoff Labs Offerings.
By downloading and installing any Liftoff Labs Software published by Liftoff Labs Games, Inc., you consent to the installation of this app further described in these terms, as well to its future updates and upgrades. You can withdraw your consent at any time by uninstalling the Liftoff Labs Software. To request removal or disabling of this app, please contact us.
You acknowledge and understand and agree that Liftoff Labs Software (including any updates or upgrades) may (i) cause your device to automatically communicate with Liftoff Labs’ servers to deliver the functionality described in these terms and to record usage metrics, (ii) affect app-related preferences or data stored in your device, and (iii) collect personal information as set out in our privacy policy.
To learn more, Contact us at: Liftoff Labs LLC, 906 Alaskan Way, Suite 700, Seattle, Washington, 98104, USA, support@liftoffgames.com
ADDENDUM – AUSTRALIA
AUSTRALIAN CONSUMER LAW PROTECTION
Nothing in these Terms of Use is intended to exclude, restrict, modify any right or remedy you have, or limit the rights of a “consumer” under the Australian Fair Trading Act 1986 or the Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)), Guarantees Act 1993, where these Acts apply, except to the extent such right or remedy cannot be excluded, restricted or modified under applicable law.
Notwithstanding anything to the contrary permitted by these Acts, and these Terms of Use, under the Australian Consumer Law when you buy goods or services from us they come with statutory guarantees that cannot be excluded under this Terms of Use. If, as an Australian resident, you buy something from us, you have consumer rights and the following consumer guarantees on products will apply.
Products
Products must be of acceptable quality. This means they must be:
- safe;
- free from defects;
- acceptable in appearance and finish; and
- durable in consideration of any statements on their packaging or labels or representations that we made to you about them before you bought them.
Additionally, our products must:
- match any demonstration model or sample you asked for;
- be fit for the purpose which we told you they would be fit for; and
- meet any extra promises made by us to you at the time of your purchase about their performance, condition and quality (such as lifetime guarantees and money back offers).
If we fail to comply with above guarantees for products our liability to you is limited to one of the following in our sole discretion:
- the replacement of the products or the supply of equivalent products;
- the repair of the products;
- payment of the cost of replacing the products or of acquiring equivalent products;
- payment of the cost of having the products repaired.
Services
Our services must:
- be provided with acceptable care and skill or technical knowledge and taking all steps are to be modified to the extent necessary to avoid loss and damage;
be fit for the purpose or to give the results that you and we had agreed to; and effect to this intention, and to the fullest extent permitted by law and subject to the provisions of the Fair Trading Act 1986 or the Consumer Guarantees Act 1993 that cannot be excluded.
- be delivered within a reasonable time when there is no agreed end date.
If we fail to comply with above guarantees for services, our liability to you is limited to one of the following in our sole discretion:
- suppling the services again; or
- payment of the cost of having the services supplied again.
Consumer guarantees under the Australian Consumer Law do not apply if you:
- got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it;
- misused a product in any way that caused the problem;
- knew of or were made aware of the faults before you bought the product.
The “Statute of Limitation” set out in these Terms of Use do not apply to any claims made under the Australian Consumer Law for which the statutory limitation period will apply.
ONLINE SAFETY REQUIREMENTS
In addition to the requirements set out in “REVIEWS, COMMUNICATIONS AND SUBMISSIONS”, you agree to at all times comply any online safety policy we publish from time to time. When you submit reviews, forum posts and other content via any Liftoff Labs Offering you are strictly prohibited from submitting any of the following materials (as these terms are defined in the Australian Online Safety Act 2021 (Cth) (Online Safety Act):
- cyber-bullying material targeted at an Australian child or cyber-abuse material targeted at an Australian adult;
- cyber-abuse material targeted at an Australian adult;
- cyber-bullying material targeted at an Australian child;
- an intimate image of a person;
- class 1 material (e.g. ‘Refused Classification’ under the Classification Act 1995 (Cth))
- class 2 material (e.g.‘X18+’ and ‘R18+’ under the Classification Act 1995 (Cth)); or
- material that promotes, incites, instructs, or depicts abhorrent violent conduct.
You must comply with any end-user notice issued to you by the Australian e-Safety Commissioner.
If you wish to report or make a complaint in relation to any breach of these Online Safety Requirements, Terms or Use or any of our online safety policies please contact: support@liftoffgames.com.
Any breach, or suspected breach, by you of our Online Safety Requirements, Terms of Use of online safety policies may result in any or all of your Liftoff Labs account(s) being immediately suspended or terminated.
ADDENDUM – NEW ZEALAND
CONSUMER PROTECTION
Nothing in these Terms of Use is intended to limit the rights of a “consumer” under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993, where these Acts apply, except to the extent permitted by these Acts, and these Terms of Use are to be modified to the extent necessary to give effect to this intention, and to the fullest extent permitted by law and subject to the provisions of the Fair Trading Act 1986 or the Consumer Guarantees Act 1993 that cannot be excluded.
AMENDMENTS TO THESE TERMS OF USE
The first paragraph under the heading “Public Nature of Communications” is deleted and replaced as follows:
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any Liftoff Labs Offering, are, only to the extent they do not intrude to an unreasonable extent upon your personal affairs and where it is fair in the circumstances, non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Liftoff Labs Offerings (other than with respect to the registration information you provide to us in establishing your Liftoff Labs account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Liftoff Labs Offering may be seen and used by others and may result in unsolicited communications. Liftoff Labs is not liable for any information that you choose to submit or communicate to other users on or through any Liftoff Labs Offerings, or for the actions of any other users of any Liftoff Labs Offering.
ADDENDUM – INDIA
AGREEMENT AND SERVICES
Your access to Liftoff Labs Offerings and Restricted Offerings is subject to applicable state laws.
REVIEWS, COMMUNICATIONS AND SUBMISSIONS
Generally
Your Liftoff Labs account(s) may be immediately suspended or terminated if you host, display, upload, modify, publish, transmit, store, update, or share any information on Liftoff Labs Offerings that:
(i) belong to another person and to which you have no rights over;
(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another person’s privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to any law in force;
(iii) is harmful to children;
(iv) infringes on any patent, trademark, copyright, or other proprietary rights;
(v) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicating any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vi) impersonates another person;
(vii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
(viii) contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
(ix) is patently false and untrue, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
(x) violates any law for the time being in force.
Customer Reviews/Feedback
You hereby irrevocably transfer and assign to Liftoff Labs on a perpetual and worldwide basis all of your right, title, interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
CONTACT US
You may contact our designated Grievance Officer with any complaints or queries relating to the Liftoff Labs Offerings or these Terms through registered post or through email, details of which are provided below:
Name: Fernando Kamikawachi
Email Address: support@liftoffgames.com
906 Alaskan Way, Suite 700
Seattle, Washington 98104
USA
We shall ensure that your complaint is resolved within timelines prescribed by applicable laws.
ADDENDUM – RUSSIA
AGREEMENT AND SERVICES
You must be at least fourteen (14) years of age to create a Liftoff Labs account or to access or use most Liftoff Labs Offerings. If you are younger than eighteen (18): (1) you may not access or use Restricted Offerings, and (2) you may use the Liftoff Labs Offerings (other than Restricted Offerings) only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use, except for the cases when a person under 18 is emancipated as provided by the Russian Civil Code (Article 27). If you are a parent or legal guardian of a user under the age of eighteen (18), you agree to be fully responsible for the acts or omissions of such user in relation to any Liftoff Labs Offering.
Some of the Liftoff Labs Offerings (including Restricted Offerings) that are prohibited or otherwise restricted by the Russian law may not be available to you.