Effective Date: February 24, 2024
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and COMPANY (as defined below) governing your access to and use of the COMPANY website, including any subdomains thereof, and any other websites through which COMPANY makes the Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Services"). The Site, Application and Services together are hereinafter collectively referred to as the “Site.”
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Site, you acknowledge that you read, understood, accepted and agreed to comply with and be bound by these Terms and our Privacy Policy, found at https://lifestyle.game/privacy (the “Privacy Policy”) incorporated herein by reference.
PLEASE NOTE: THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT APPLIES TO ALL USERS. If you reside in the United States, this provision applies to all disputes with COMPANY. If you reside outside of the United States, this provision applies to any action you bring against COMPANY in the United States. It affects how disputes with COMPANY are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
When these Terms mention “COMPANY,” “we,” “us,” or “our,” it refers to Lifestyle Creations, Inc., a Delaware corporation and the company you are contracting with in this Agreement.
Scope of Services
The Site is an online platform that enables users (“Users”) to research, use, discover, and obtain COMPANY’s products and services (the “Purpose”).
If you choose to use the Site as a User, your relationship with COMPANY is limited to being an independent user, and not an employee, agent, joint venturer or partner of COMPANY for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of COMPANY.
The Site may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. COMPANY is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by COMPANY of such Third-Party Services.
Due to the nature of the Internet, COMPANY cannot guarantee the continuous and uninterrupted availability and accessibility of the Site. COMPANY may restrict the availability of the Site or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Site. COMPANY may improve, enhance and modify the Site and introduce new Services from time to time.
Eligibility, Using the Site, User Verification
You must be at least 18 years old and able to enter into legally binding contracts to access and use the Site or register a COMPANY account. By accessing or using the Site you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. If you are using the Site on behalf of a company or organization, you represent that you have the authority to act on behalf of that entity, and that such entity accepts these Terms.
COMPANY may make the access to and use of the Site, or certain areas or features of the Site and/or COMPANY’s products and Services, subject to certain conditions or requirements, such as completing a verification process or meeting specific quality or eligibility criteria.
Modification of These Terms
COMPANY reserves the right to modify these Terms at any time in our sole discretion and without notice to you and in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Site. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect by following the procedure described in the “Term and Termination” section below. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Site will constitute acceptance of the revised Terms. You should check this page each time you access this Site so you are aware of any changes, as they are binding on you.
Proprietary Rights in Service Content and Software; Limited License
All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, computer code, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of COMPANY with all rights reserved and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, and subject to these Terms, you are granted a limited revocable, non-exclusive, license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your use and not for distribution, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content (as defined below), you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by COMPANY from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
The technology and software underlying the Services or distributed in connection therewith are the property of COMPANY, our subsidiaries, affiliates and partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by COMPANY.
Any use of the Services or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.
Trademark Rights
The COMPANY name and all related names and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of COMPANY in the U.S. and/or other countries and are exclusively owned by COMPANY. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission and you must not present false or misleading impressions about COMPANY or otherwise damage the goodwill associated with the COMPANY name or trademarks.
User Content
COMPANY may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Site ("User Content"); and (ii) access and view User Content and any content that COMPANY itself makes available on or through the Site, including proprietary Content and any content licensed or authorized for use by or through COMPANY from a third party ("Content" and together with User Content, "Collective Content").
The Site, Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Site and Content, including all associated intellectual property rights, are the exclusive property of COMPANY and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of COMPANY used on or in connection with the Site and Content are trademarks or registered trademarks of COMPANY in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms or in any other agreement entered into between you and COMPANY. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by COMPANY or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, COMPANY grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Site and accessible to you, solely for your personal and non-commercial use.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Site, you grant to COMPANY a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Site, in any media or platform. Unless you provide specific consent, COMPANY does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
You are solely responsible for all User Content that you make available on or through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Site or you have all rights, licenses, consents and releases that are necessary to grant to COMPANY the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or COMPANY's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other COMPANY policy. COMPANY may, without prior notice, remove or disable access to any User Content that COMPANY finds to be in violation of these Terms, or otherwise may be harmful or objectionable to COMPANY, its Users, third parties, or property.
Use of the Services may require the use of certain third party products and services (“Third Party Services”). Use of any Third Party Services is at your sole risk and will be governed by separate terms and conditions, separate privacy policies relating to usage of data you may share through the Third Party Services in the course of using the Services, other applicable policies, and may include separate fees and charges. COMPANY may display content from third parties through the Services or may provide information about or links to Third Party Services. Your interactions with any such third parties, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the applicable third parties. COMPANY is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such third-party information made available through the Services.
COMPANY respects copyright law and expects its Users to do the same. If you believe that any content on the Site infringes copyrights you own, please notify us promptly.
Prohibited Activities; Monitoring and Enforcement
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site. In connection with your use of the Site, you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
use the Site for any purpose other than the Purpose;
use the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies COMPANY endorsement, partnership or otherwise misleads others as to your affiliation with COMPANY;
copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Site in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Users or third parties;
use the Site in connection with the distribution of unsolicited commercial messages ("spam");
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
use, display, mirror or frame the Site or Collective Content, or any individual element within the Site, COMPANY's name, any COMPANY trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without COMPANY's express written consent;
dilute, tarnish or otherwise harm the COMPANY brand in any way, including through unauthorized use of Collective Content, registering and/or using COMPANY or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to COMPANY domains, trademarks, taglines, promotional campaigns or Collective Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Site for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by COMPANY or any of COMPANY's providers or any other third party to protect the Site;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
take any action that damages, disables, overburdens, or adversely affects, or could damage or adversely affect the performance or proper functioning of the Site or interferes with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
violate or infringe anyone else’s rights or otherwise cause harm to anyone; and/or
impersonate any person, or misrepresent your identity or affiliation with any person or organization, or, unless truthful, give the impression that any content you post to the Site emanates from or are endorsed by Company or any other person or entity.
You acknowledge that COMPANY has no obligation to monitor the access to or use of the Site by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to fully cooperate with and assist COMPANY in good faith, and to provide COMPANY with such information and take such actions as may be reasonably requested by COMPANY with respect to any investigation undertaken by COMPANY or a representative of COMPANY regarding the use or abuse of the Site.
If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to COMPANY by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
BY USING THE COMPANY’S SITE AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOU AGREE TO HOLD US FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS AND VENDORS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE, WHETHER DIRECT OR INDIRECT, ARISING IN CONNECTION WITH ANY SERVICES, COMMUNITY PAGES, OR PROPERTY.
Term and Termination, Suspension and other Measures
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or COMPANY terminate the Agreement in accordance with this section.
You may terminate this Agreement at any time by contacting us at support@lifestyle.game and providing notice of your intent to terminate. You may also contact us at the forgoing address to submit (i) a data access request, pursuant to which we will provide you with confirmation of all personal data currently being stored or otherwise used by us and relating to you, and access to the same; (ii) a data rectification request, pursuant to which we will rectify any incorrect data currently being stored or otherwise used by us and relating to you; and/or (iii) a data deletion request, pursuant to which we will delete all personal data currently being stored or otherwise used by us and relating to you.
Without limiting our rights specified below, COMPANY may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
COMPANY may terminate this Agreement immediately and without notice if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) COMPANY believes in good faith that such action is reasonably necessary to protect the personal safety or property of COMPANY, its Users, or third parties (for example in the case of fraudulent behavior of a User).
In addition, COMPANY may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; (ii) if you have breached these Terms, applicable laws, regulations, or third party rights; (iii) if you have provided inaccurate, fraudulent, outdated or incomplete information during the COMPANY account registration, listing process or thereafter; (iv) if COMPANY believes in good faith that such action is reasonably necessary to protect the personal safety or property of COMPANY, its Users, or third parties, or to prevent fraud or other illegal activity; (v) for any other bona fide reason determined by COMPANY in a good faith exercise of its reasonable business judgment:
limit your access to or use of the Site;
temporarily or permanently revoke any special status associated with your COMPANY account; or
temporarily or in case of severe or repeated offenses permanently suspend your COMPANY account.
When this Agreement has been terminated, you are not entitled to a restoration of your COMPANY account or any of your User Content. If your access to or use of the Site has been limited or your COMPANY account has been suspended or this Agreement has been terminated by us, you may not register a new COMPANY account or access and use the Site through a COMPANY account of another User.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination to effect the purposes of the Agreement will remain in effect.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material or content before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. ACCORDINGLY, WE ASSUME NO LIABILITY FOR ANY ACTION OR INACTION REGARDING TRANSMISSIONS, COMMUNICATIONS, OR CONTENT PROVIDED BY ANY USER OR THIRD PARTY. WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED HEREIN.
Disclaimers
If you choose to use the Site or Collective Content, you do so voluntarily and at your sole risk. The Site and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Services, laws, rules, or regulations that may be applicable to your use of the Site and that you are not relying upon any statement of law or fact made by COMPANY relating to such use.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND COLLECTIVE CONTENT, YOUR PUBLISHING OR VIEWING OF ANY CONTENT VIA THE SITE OR ANY OTHER INTERACTION YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) FROM THE USE OF OR INABILITY TO USE THE SITE OR COLLECTIVE CONTENT, OR (III) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR COLLECTIVE CONTENT AND IN CONNECTION THEREWITH, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR USE OF THE SITE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. The limitations of damages set forth above are fundamental elements of the basis of the bargain between COMPANY and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OR TERMINATION OF YOUR ACCOUNT IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US INCLUDING, WITHOUT LIMITATION, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (I) THESE TERMS OR OUR ENFORCEMENT OR APPLICATION THEREOF; (II) ANY PRACTICE OR POLICY OF COMPANY INCLUDING THESE TERMS AND OUR PRIVACY POLICY, OR OUR ENFORCEMENT OR APPLICATION OF THESE POLICIES; (III) THE CONTENT AVAILABLE THROUGH THE APPLICATIONS OR ANY CHANGE IN CONTENT PROVIDED THROUGH THE SITE; OR (IV) YOUR ABILITY TO ACCESS AND/OR USE OUR SITE.
BY USING THE SITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE SITE.
Indemnification
You agree to release, defend (at COMPANY’s option), indemnify, and hold COMPANY and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Site or any Services, (iii) your interaction with any User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use, or (iv) your breach of any laws, regulations or third party rights.
Dispute Resolution and Arbitration Agreement
This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against COMPANY in the United States.
AGREEMENT TO ARBITRATE. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. IF THERE IS A DISPUTE ABOUT WHETHER THIS ARBITRATION AGREEMENT CAN BE ENFORCED OR APPLIES TO OUR DISPUTE, YOU AND COMPANY AGREE THAT THE ARBITRATOR WILL DECIDE THAT ISSUE.
Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and COMPANY each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact COMPANY’s customer service team by emailing us at the contact addresses provided on the Site. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
Exceptions to Arbitration Agreement. You and COMPANY each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Commercial Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
Modification to AAA Rules - Arbitration Hearing/Location. You agree that any required arbitration hearing will be conducted, at COMPANY’s sole and complete discretion, (a) in San Francisco County; (b) in any other location to which you and COMPANY both agree; (c) via phone or video conference; or (d) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
JURY TRIAL WAIVER. YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ALL ARBITRABLE DISPUTES.
NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. FURTHER, UNLESS YOU AND COMPANY BOTH OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS PARAGRAPH IS HELD UNENFORCEABLE WITH RESPECT TO ANY DISPUTE, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT WILL BE DEEMED VOID WITH RESPECT TO SUCH DISPUTE.
Severability. Except as provided in the immediately preceding paragraph, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Changes. Notwithstanding the provisions of Section 3 (“Modification of These Terms”), if COMPANY changes this Section (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and COMPANY in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
Survival. Except as otherwise provided in this section, this section will survive any termination of these Terms and will continue to apply even if you stop using the Site or terminate your COMPANY account.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site (“Feedback“). You may submit Feedback by emailing us, through the Contact section of the Site, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Applicable Law and Jurisdiction
If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement above must be brought in state or federal court in the State of Delaware, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in the State of Delaware.
Telephone Contact and Recording Policy
By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number, about any product or services offered by COMPANY. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider. You understand that you need not provide this consent as a condition of obtaining goods or services from COMPANY, and that you may decline to provide or revoke your consent at any time by emailing support@lifestyle.game or by any other method that reasonably ensures we receive your revocation.
By providing us with a telephone number, you agree that COMPANY may record any telephone conversation with you (or any another individual) during any telephone call to or from that number for training purposes, whether or not the call was initiated by you, and whether or COMPANY disclosed the fact that the call was recorded during the call.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
To meet the notice restrictions under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the COMPANY, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the COMPANY. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS OR CONTENT PROVIDED BY ANY THIRD PARTIES.
SERVICES PROVIDED BY COMPANY RELATING TO LEGAL, SECURITY, RISK, GOVERNANCE, OR OTHER COMPLIANCE-RELATED MATTERS DO NOT CONSTITUTE LEGAL OR REGULATORY COMPLIANCE ADVICE. PLEASE CONSULT A LICENSED ATTORNEY OR ACCOUNTANT FOR ANY LEGAL, REGULATORY, OR ACCOUNTING ADVICE. YOU HEREBY AGREE TO ASSESS YOUR LEGAL, PRIVACY, SECURITY, AND REGULATORY REQUIREMENTS AND WHETHER USE OF THE SERVICES MEETS THOSE REQUIREMENTS. YOU SHALL ENSURE THAT ALL COMPANY ACTIVITIES PROVIDED, INCLUDING SUCH ADDITIONAL ACTIVITIES AS MAY BE PROVIDED, COMPLY WITH ANY AGREEMENT TO WHICH YOU OR YOUR COMPANY ARE A PARTY OR ARE OTHERWISE BOUND, WITH ANY OF YOUR OR YOUR COMPANY’S ORGANIZATION DOCUMENTS, AND WITH ALL LAWS, REGULATIONS, AND RULES OF ANY GOVERNMENTAL AUTHORITY, INCLUDING RELATED STATE AND LOCAL LAWS AND REGULATIONS. YOU ARE RESPONSIBLE FOR NOTIFYING COMPANY OF SUCH AGREEMENTS, LAWS AND REGULATIONS, AS APPLICABLE.
Payments: ACH AUTHORIZATION; SUBSCRIPTIONS
Your use of the Site may be subject to payment of certain transaction fees to us (“Paid Services”). The fees may include, but are not limited to: administrative fees, transaction fees, and any subscription fees. You agree to pay all applicable fees related to your use of the Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms and you will be deemed to have agreed to the terms of such Paid Service if you are accessing the Paid Service.
We may suspend or terminate your account and/or access to the Site if your payment is late or invalid. Upon our request, you agree to provide a credit or debit card through the Site or Payment Processors (as defined below) to set up your offers. The terms of your payment may be determined by agreements between you and the financial institution, or credit card issuer. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account (as defined below) upon demand.
Payments may be processed by third-party payment processors (the “Payment Processors”) through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. Any available processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to these Terms, and you agree, as a condition to making payments, to abide by the terms and conditions of such Payment Processors, as the same may be updated from time to time. Breach of the terms and conditions provided by such Payment Processors can lead to payments being withheld in addition to any other rights or remedies we may have at law or under these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processors. By choosing to use Paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the applicable Payment Processor, to charge your chosen Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of using our Platform with Stripe, you agree to provide us accurate and complete information about you and your business, and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize us to pass on information provided by you to Stripe so that Stripe may use it to protect the integrity of your account.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS, IF APPLICABLE, OR ON YOUR STRIPE ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DAMAGE THAT MAY RESULT SHOULD ANY INFORMATION BE RELEASED TO ANY THIRD PARTIES, AND YOU AGREE TO HOLD US HARMLESS FOR ANY DAMAGES THAT MAY RESULT THEREFROM.
Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
By agreeing to these Terms, you authorize COMPANY to initiate electronic withdrawals from your designated checking or savings accounts at your identified financial institution for Subscription Fees or other authorized charges. This authorization will remain effective until Company receives written notice from you to terminate the authorization, allowing reasonable time for Company and your financial institution to act on your request.
Your access to certain parts of our Service is based on a subscription model, billed periodically according to the chosen Billing Cycle (monthly or yearly). Upon selecting a Subscription, you'll be informed of all associated fees (the “Subscription Fees”) upfront. Subscription terms, including any additional features or add-ons, and their respective fees, will be detailed in Supplementary Terms provided at the point of purchase or feature activation. By subscribing, you agree to our billing practices, consenting to regular charges against your account as per the selected Billing Cycle."
Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new Subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel your Subscription prior to your renewal date.
A valid payment method, including credit card and ACH transfer information, is required to process the payment for your Subscription. You must provide us with accurate and complete billing information including full name, address, state, zip code, valid payment method information, and, for ACH transfers, your banking institution's routing number and your account number. By submitting such payment information, you automatically authorize COMPANY to charge all Subscription Fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, COMPANY may attempt to charge the credit card or initiate an ACH transfer one or more times. Should payment continue to fail, the Subscription will be, at COMPANY’S sole discretion, canceled or downgraded and you may lose access to certain paid features and/or and COMPANY account.
You may cancel your Subscription either through your online account management page or by contacting COMPANY customer support team at support@lifestlye.game and indicating your intention to cancel your Subscription.
COMPANY, in its sole discretion and at any time, may modify the Subscription Fees for the Subscriptions, including add-ons. Any Subscription Fee change will become effective at the end of the then-current Billing Cycle. COMPANY will provide you with reasonable prior notice of any change in Subscription Fees. Your continued use of the Service constitutes your agreement to pay the modified Subscription Fees.
Subscription Fees are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.
PAYMENT OBLIGATIONS ARE NON-CANCELABLE, AND FEES PAID ARE NON-REFUNDABLE AND THERE ARE NO CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.
Confidentiality
During the term of this Agreement and for a period of five (5) years thereafter without the express written consent of the other party, each party shall maintain in confidence and not disclose the other party’s Confidential Information (as defined below), using the same degree of care, but no less than reasonable care, as it uses to protect its own confidential information of like nature. The receiving party may use Confidential Information solely for the purposes of fulfilling its obligations under this Agreement (the “Permitted Purpose”), and all Confidential Information of the disclosing party shall remain the sole property of the disclosing party. The receiving party may disclose Confidential Information only to its affiliates and their respective employees or contractors who have a need to know such information for the Purpose and who are under contractual obligation to protect Confidential Information and abide by the foregoing restrictions on use. Confidential Information may not be reproduced, except as required for the Permitted Purpose. Upon written demand by the disclosing party at any time, or upon expiration or termination of this Agreement, the receiving party agrees promptly to return or destroy, at the disclosing party’s option, all materials that disclose or embody Confidential Information, except as required to be maintained by law. For purposes of this Agreement, “Confidential Information” means any information of the disclosing party that is not generally available in the public domain, including without limitation, any proprietary intellectual property; provided, however, that “Confidential Information” shall not include any information that the receiving party can demonstrate through written evidence: (a) was publicly known at the time of disclosure to it, or becomes publicly known through no act of the receiving party; (b) was rightfully received from a third party without a duty of confidentiality; (c) was developed by it independently without reference to the disclosing party’s Confidential Information; or (d) is required to be disclosed by a judicial or governmental order, in which case the receiving party shall promptly notify the disclosing party and take reasonable steps to assist in contesting such order or in protecting the disclosing party’s rights prior to disclosure. The parties acknowledge that the remedy at law for any breach or threatened breach of the provisions of this Confidentiality Section shall be inadequate, and that the disclosing party, in addition to any other remedy available to it, shall be entitled to obtain injunctive relief without proof of irreparable injury and without posting bond.
General Provisions
These Terms constitute the entire Agreement between COMPANY and you pertaining to your use of the Site, and supersede any and all prior oral or written understandings or agreements between COMPANY and you in relation to the access to and use of the Site. In addition to these Terms, you may enter into other agreements with us or others that will govern your use of the Services or related services offered by us or others. If there is any contradiction between these Terms and another written agreement applicable to specific aspects of the Services, the other written agreement shall take govern the specific aspects of the Services to which it applies.
No joint venture, partnership, employment, or agency relationship exists between you and COMPANY as a result of this Agreement or your use of the Site.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
COMPANY’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without COMPANY's prior written consent. COMPANY may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be in writing and given by COMPANY via email, Site notification, or messaging service (including SMS).
If you have any questions about these Terms, please email us at support@lifestyle.game.
