Terms of Service and Use
Lottay™ Inc. provides this site and the services offered on it (collectively, the "Lottay™ Inc. Website") under the following terms of service and use (the "Terms"). Please read them carefully. You understand and agree that the Lottay™ Inc. Website is provided to you exclusively under these Terms. By using the Lottay™ Inc. Website or registering to use the services offered, you are stating that you have read and understand the Terms and that you agree to be bound by them. Lottay™ Inc. reserves the right to terminate your account at any time for any reason, including if Lottay™ Inc. learns that you have provided false or misleading registration information or have violated the Terms.1. YOUR RESPONSIBILITIES
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Lottay™ Inc. Website and all charges related thereto. You agree not to use the Lottay™ Inc. Website to: (a) violate any local, state, national or international law (b) stalk, harass or harm another individual (c) collect or store personal data about other users (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity and (e) interfere with or disrupt the Lottay™ Inc. Website or servers or networks connected to the Lottay™ Inc. Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Lottay™ Inc. Website.
2. MODIFICATIONS TO TERMS
Lottay™ Inc. may change the Terms from time to time. If you object to any such changes, your sole recourse shall be to cease using the Lottay™ Inc. Website. Continued use of the Lottay™ Inc. Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
3. MODIFICATIONS TO LOTTAY™ INC. Website
Lottay™ Inc. reserves the right to modify or discontinue the Lottay™ Inc. Website with or without notice to you. Lottay™ Inc. shall not be liable to you or any third party should Lottay™ Inc. exercise its right to modify or discontinue the Lottay™ Inc. Website. If you object to any such changes, your sole recourse shall be to cease using the Lottay™ Inc. Website. Continued use of the Lottay™ Inc. Website following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Lottay™ Inc. Website as so modified.
4. PRIVACY
As part of the registration process, you will be asked to provide certain personal information to Lottay™ Inc. All uses of your personal information will be in accordance with the provisions of the Lottay™ Inc. Privacy Policy.
5. YOUR ACCOUNT, PASSWORD, AND SECURITY
You are responsible for maintaining the confidentiality of your username, event number and password, and you are solely responsible for all activities that occur under your username, event number and password. Lottay™ Inc. recommends that you memorize this information, and not write it down. You agree to immediately notify Lottay™ Inc. of any unauthorized use of your username, event number and password or any other breach of security related to the Lottay™ Inc. Website. LOTTAY™ INC. CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR EVENT NUMBER AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
6. THIRD PARTY CONTENT AND MONITORING
Lottay™ Inc. is a distributor (and not a publisher) of content supplied by third parties and users of the Lottay™ Inc. Website. Accordingly, Lottay™ Inc. has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information provided by other users of the Lottay™ Inc. Website, are those of the respective author(s) or distributor(s) of that information and not of Lottay™ Inc. Lottay™ Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Lottay™ Inc. Website by anyone other than authorized Lottay™ Inc. spokespersons while acting in their official capacities. Lottay™ Inc. has the right, but not the obligation, to monitor and review the content on the Lottay™ Inc. Website and your account to determine compliance with these Terms and any other operating rules established by Lottay™ Inc., to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that Lottay™ Inc. does not monitor content for accuracy or reliability.
7. DEALINGS WITH PARTNERS AND ADVERTISERS
Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from Lottay™ Inc. partners, advertisers, merchants or sponsors found on or through the Lottay™ Inc. Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). YOU AGREE THAT LOTTAY™ INC. SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON THE Lottay™ Inc. Website.
8. LINKS
Lottay™ Inc.'s provision of a link to any other website or location is for your convenience and does not signify Lottay™ Inc.'s endorsement of such other site or location or its contents. LOTTAY™ INC. SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Lottay™ Inc. Website, use of the Lottay™ Inc. Website or access to the Lottay™ Inc. Website. The Lottay™ Inc. Website is provided for your personal, noncommercial use only.
10. TERMINATION
You agree that Lottay™ Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Lottay™ Inc. Website, and remove and discard any information posted by you on the Lottay™ Inc. Website, for any reason, including, without limitation, if Lottay™ Inc. believes that you have violated or acted inconsistently with the letter or spirit of the Terms. You agree that Lottay™ Inc. may terminate your access to the Lottay™ Inc. Website without prior notice, and you acknowledge and agree that Lottay™ Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Lottay™ Inc. Website. FURTHER, YOU AGREE THAT LOTTAY™ INC. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE LOTTAY™ INC. Website. You may discontinue your participation in and access to the Lottay™ Inc. Website at any time.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE LOTTAY™ INC. Website IS AT YOUR SOLE RISK. THE LOTTAY™ INC. Website IS PROVIDED ON AN "AS IS" BASIS. LOTTAY™ INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE LOTTAY™ INC. Website. LOTTAY™ INC. MAKES NO WARRANTY THAT THE LOTTAY™ INC. Website WILL MEET YOUR REQUIREMENTS, OR THAT THE LOTTAY™ INC. Website WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE NOR DOES LOTTAY™ INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LOTTAY™ INC. Website OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE LOTTAY™ INC. OR THAT DEFECTS IN THE LOTTAY™ INC. Website WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LOTTAY™ INC. Website IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. LOTTAY™ INC. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE LOTTAY™ INC. Website OR ANY TRANSACTIONS ENTERED INTO THROUGH THE LOTTAY™ INC. Website. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOTTAY™ INC. OR THROUGH THE LOTTAY™ INC. WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LOTTAY™ INC. OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE LOTTAY™ INC. Website.
13. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Lottay™ Inc. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Lottay™ Inc.'s liability shall be the minimum permitted under such applicable law.
14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lottay™ Inc., its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from (1) any information you (or anyone using your account) submits, posts or transmits through the Lottay™ Inc. Website, (2) your (or anyone using your account's) use of the Lottay™ Inc. Website, (3) your (or anyone using your account's) violation of these Terms, (4) your (or anyone using your account's) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Lottay™ Inc. Website.
15. INTELLECTUAL PROPERTY: RESTRICTIONS ON USE
TRADEMARKS: The content of the Lottay™ Inc. Website (the "Content"), including without limitation, text, software, photos, and graphics, is subject to United States and international intellectual property and proprietary rights and laws, and is owned by Lottay™ Inc. or its licensors. Certain of the names, logos, and other materials displayed in the Lottay™ Inc. Website constitute trademarks, tradenames, service marks or logos ("Marks") of Lottay™ Inc. or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Lottay™ Inc. or those other entities. All use of the Content and Marks is subject to the restrictions in our intellectual property notice.
COPYRIGHT: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Lottay™ Inc. or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Lottay™ Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Lottay™ Inc. or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping, selling, and e-card resource Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
16. LICENSE
You hereby grant to Lottay™ Inc. a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now known or currently known, to exercise all copyright rights with respect to the content you provide to us to be published on your Lottay™ gift page, personal pages or otherwise through the Lottay™ Inc. Website. The foregoing does not apply to content contained on hyperlinked pages or any other content you do not submit to us.
17. MISCELLANEOUS
The Terms constitute the entire and exclusive and final statement of the agreement between you and Lottay™ Inc. with respect to the subject matter hereof, and govern your use of the Lottay™ Inc. Website, superseding any prior agreements between you and Lottay™ Inc. with respect to the subject matter hereof. The Terms and the relationship between you and Lottay™ Inc. shall be governed by the laws of the State of California as applied to agreements made, entered into and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Lottay™ Inc. Website shall be brought in the Federal or state courts located in Sacramento, California and you and Lottay™ Inc. hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Lottay™ Inc. to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Lottay™ Inc. Websites or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
18. SURVIVAL
The terms of Sections 11 through 19 as well as any other limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason. Lottay™ Inc.'s (and its licensors') proprietary rights (including any and all intellectual property rights) in and to the Content and the Lottay™ Inc. Website shall survive the expiration or earlier termination of the Terms for any reason.
19. VIOLATIONS
Please report any violations of the Terms to our Customer Service Department to support@lottay.com
20. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Lottay designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail Alex Rabiee 1876 Rivendell Circle Newbury Park, CA 91320 By Telephone: 805-966-6996 By Email: copyright@lottay.com
NOTE: Lottay™ Inc. reserves the right to deny service to any individual or entity.
© 2008 Lottay™. All Rights Reserved.
