Introduction
These Terms of Use (“Terms”) constitute a legally binding agreement between Lucky Day Entertainment, Inc. and its affiliates, which encompass subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership, including but not limited to Lucky Day Gaming Inc. (collectively referred to as “Lucky Day,” “We,” “Our,” or “Us”) and You (“You” or “Your” or "Yourself"). These Terms govern Your access and use of all features, content, and other services provided by Lucky Day, including but not limited to Our website https://luckyday.com (“Website”) and gaming applications (“App(s)” or “Application(s)”; collectively referred to as the “Services“). All references to “You” or “Your,” as applicable, refer to the individual who accesses, uses, or participates in the Services in any manner, and include each of Your heirs, assigns, and successors. By registering an Account (as defined below) and engaging in any Competitions (as defined below) or any structured competitions involving a series of Competitions and Tournaments played between players, Tournaments (“Tournaments”), and utilizing or otherwise accessing the Services, You acknowledge that You have read, comprehended, and consent to abide by these Terms (including the arbitration agreement and class waiver in Section 23), Our Privacy Policy, and Our respective Rules (the “Rules”), all of which are incorporated herein by reference. If You do not consent to these Terms, Rules, or the Privacy Policy, You are not permitted to register an Account or utilize or access the Services in any manner.
1. Use of Our Services
Lucky Day’s Services include an online arena for mobile game challenges, Cash Competitions and Non-Cash Competitions (as defined below), (collectively “Competitions”) and Cash Tournaments (as defined below) and Tournaments, using applications, tools and Services that We may provide from time to time. Certain Competitions may require You to register with Lucky Day and create an Account by providing Us certain information about Yourself.All Competitions and Tournaments offered on the Services are Competitions and Tournaments of skill. Winners are determined by the objective criteria described in the Rules, including without limitation, scoring and any other applicable documentation associated with the Competitions or Tournaments. The individuals who better use their relevant skill and knowledge and accumulate the highest scores will be the winner(s). Lucky Day uses skill matching as a means for matching individuals in Competitions or Tournaments. The Services may not be used for any form of gambling.By using Lucky Day’s Services, You hereby agree and acknowledge Your participation is not part of Your business and that Your use of the Services is for recreational and entertainment purposes only, and not for gambling.
2. Device Information
Using the Services requires an internet connection to Our servers, and We may need to collect certain information from You and Your internet-enabled mobile device (“Device”) in order to make the Services available to You, such as hardware system profile data, internet connection data and any other data related to the operation of the Services from any Device that logs onto the Services using Your Account. We do not warrant that Our Services will work on all Devices. You are solely responsible for obtaining and maintaining compatible Devices necessary to access and use Our Services, as updated from time to time.
3. Eligibility
By accessing or using the Services from the Application, becoming a registered user (“Registered User”) of the Application, or merely browsing the Application, You accept and are bound by these Terms. To be eligible to utilize and participate in the pay-to-play portion of the Services You must at the time of registration: (i) be at least eighteen (18) years of age or over the legal age of majority (if over the age of eighteen (18)) under applicable laws in the jurisdiction in which You reside; (ii) be physically located in a jurisdiction in which Your participation in the Services is lawful; (iii) at all times abide by these Terms, including, but not limited to, only using Devices and not PCs to participate in the Services. Lucky Day reserves the right to verify Your age, identity, location, and other eligibility requirements at any time by any means. Any failure to cooperate with Lucky Day in this respect may result in the suspension and/or termination of Your Account. There may be periodic changes to the Services at Lucky Day’s sole discretion. Your continued use of the Services following such changes serves as Your affirmative consent to the changes. If You do not agree to the changes, Your sole remedy is to cease using the Services. If You breach any of the Terms, Your authorization to use the Services automatically terminates.
Employees, officers, directors, investors, agents, and representatives of Lucky Day or any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such are NOT eligible to win prizes. Such persons may, however, use the Services, and will from time to time do so for the purpose of testing the Services, evaluating user experience and Competitions or Tournaments, socializing and competing with customers to build community, and other reasonable and fair uses at the sole discretion of Lucky Day. If such persons are deemed to be winners, any prizes won will be forfeited and awarded to the next highest scoring participant that is eligible to win a prize.
By accessing or using the Services, You represent and warrant that You have the right, authority and capacity to enter into this agreement, to abide by all of these Terms, and that You are not prohibited from accessing and using the Services. Lucky Day makes no representations or warranties, implicit or explicit, as to Your legal right to participate in the Services nor shall any person affiliated, or claiming affiliation, with Lucky Day have authority to make any such representations or warranties. We do not intend for the Services, or the features offered thereon, to be used by persons present in a Prohibited Jurisdictions (as defined below) in which participation may be prohibited or restricted. You agree that the availability of the Services does not constitute an offer, solicitation or invitation by Us for the use of the Services in any Prohibited Jurisdiction (as defined below) in which such activities are prohibited or restricted. We reserve the right to deny access to the Services to anyone at Our sole discretion.
By making a deposit or entering a Cash Competition (as defined below) or Tournament, You further represent that You are not subject to backup withholding tax because: (i) You are exempt from backup withholding; (ii) You have not been notified by the Internal Revenue Service (“IRS”) that You are subject to backup withholding as a result of a failure to report all interest or dividends; or (iii) the IRS has notified You that You are no longer subject to backup withholding.
You agree to abide by all applicable laws in the jurisdiction where You are located while using the Application. Legal residents of the Prohibited Jurisdictions are eligible to open and maintain Accounts on the Application for use only in Competitions and Tournament that do not offer prizes.
4. Account Registration
In order to compete in Competitions or Tournaments that do not require an entry fee paid in the applicable currency, Non-Cash Competitions (“Non-Cash Competitions” or “Non-Cash Tournament”), You will not need to create an authorized account (“Account”) and You will not need to become a Registered User. However, in order to compete in Competitions or Tournament that require an entry fee paid in the applicable currency (“Cash Competitions”) and Tournament, You will need to create an Account as described below and become a Registered User.
Account Creation
To create an Account and become a Registered User with the Services, You may be asked to provide certain information. Lucky Day may require You to submit the following information: (i) Your legal first and last name; (ii) date of birth; (iii) zip code of current area of residence; (iv) Your e-mail address; (v) phone number; (vii) select a unique username; and (viii) other details as requested including but not limited to, whether You were referred to the Application by an existing Registered User and Your promotional code (if applicable).
A username must not be offensive, be selected to deceive or misinform other Registered Users, and may not offend common decency or infringe upon the rights of third parties. If Lucky Day receives information that a username is illegal or in breach of these Terms, the username can be amended by Lucky Day without prior notice. You have the option to upload a picture of Your liking which will be displayed against Your username to all Your opponents and other players who have access to the leaderboards in which You have participated in (“Profile Picture”). A selected Profile Picture must not be offensive, be selected to deceive or misinform other Registered Users, and may not offend common decency or infringe upon the rights of third parties. If Lucky Day receives information that a Profile Picture is illegal or in breach of these Terms, the Profile Picture can be amended by Lucky Day without prior notice.
You agree to: (i) provide true, accurate, current and complete information about Yourself (the “Registration Data”) as prompted by the Application’s registration form; and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by logging into Your Account and making such changes. You agree to provide additional information as part of ongoing efforts to prevent illegal and fraudulent activities; and comply with any other policies or protocols We elect to put in place. You agree that all information and data that You provide to Us, either at the time You register for an Account or at any subsequent time, will be truthful, accurate and verifiable in all respects and, by providing such information and data, You consent to Us submitting it to third-party providers of age verification and identification services to verify Your Account. For further assistance, please contact customer service support@luckydayapp.com. Any information collected by Lucky Day will be held subject to Lucky Day’s Privacy Policy and “just-in-time” notices, if any, provided at the point of information collection or use. If You provide any information that is untrue, inaccurate, not current or incomplete, or Lucky Day has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lucky Day reserves the right to suspend or terminate Your Account immediately and refuse any and all current or future use of the Application (or any portion thereof).
In order to encourage users to succeed in Our Competitions and Tournaments, We may publish data relating to the most successful users in the Competitions and Tournaments as well as winners of Competitions or Tournaments, in Our sole discretion, and as required by law. Publishing data relating to the most successful users will vary according to categories of users and statistics. We may publish such statistics pertaining to successful users and create informal Competitions and Tournaments between various categories of users in a manner which shall be viewable by all users of the game.
One Account
Only one (1) Account is allowed per person. In the event that Lucky Day determines that You have registered more than one (1) Account, then You acknowledge and agree that, in addition to any other rights that Lucky Day may have, Lucky Day has the right to suspend or terminate Your Account(s), refuse any and all current or future use of the Application, and withhold or revoke the awarding of any prizes. As the holder of Your Account, You are solely responsible for complying with these Terms, and only You are entitled to all benefits accruing thereto. You may not allow any other person to: (i) access or use Your Account; (ii) access or use the Services through Your Account; or (iii) accept or use prizes from Your Account.
Secrecy Obligation
You are responsible for keeping Your Account information secure. Please do not share Your Account information with anyone. You agree to keep Your username (“Identifiers”) secure and confidential. You are solely responsible for all usage or activity on Your Account including, but not limited to, use of the Account by any person who uses Your Identifiers, with or without authorization, or who has access to any Device on which Your Account is accessible. By registering an Account, You agree to notify Us immediately if You have lost control of Your Identifiers or You suspect there is unauthorized activity in Your Account. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify Lucky Day by sending an e-mail to support@luckydayapp.com whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Lucky Day. Without limiting the foregoing, any transactions made and accepted within the Application where Your Identifiers have been used (and where You have not previously notified Lucky Day as provided herein) will be treated as valid.
No Transfer
Your Account is not transferable. It shall be a violation of these Terms to allow any other person to use Your Account to participate in any Competition or Tournament. If You have reason to believe that someone is using Your Account without Your permission, You should contact Us immediately. We will not be responsible for any loss or damage resulting from Your failure to notify Us of unauthorized use. Under no circumstances shall You allow or permit any other person or third party, including, without limitation, any person under the legal age to participate in the Application, and in no event any person under the age of eighteen (18) or under the legal age of majority (if over the age of eighteen (18)) under applicable laws in the jurisdiction in which You reside, to use or re-use Your Account in such a way that may breach the standards or laws in any jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for any unauthorized use of the Application and for any use of Your credit card or other payment instrument by any other person or third party in connection with Your Account. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all funds in their Account. Except as required by law, neither Your Account nor prizes won from participating in Competitions or Tournaments are transferable to any other person or Account.
Equipment Obligation
You must provide all equipment and software necessary to connect to the Application, including, but not limited to, a Device that is suitable to connect with and use the Application. You are responsible for any fees, including, but not limited to, Internet connection or data usage fees that You incur when accessing the Application. Please note that it is against these Terms to use a PC to participate in the Service and if You are found to be using a PC to participate in the Services all potential winnings are subject to forfeit.
Account Verification
We reserve the right at any time to investigate Your Account and the information provided pursuant to registration, by requesting copies of certain documents, including a governmental issued identity card (“ID”), proof of address such as a utility bill, or proof of Your payment method in order to ensure compliance with these Terms and Our obligations, and to ensure that no improper or illegal activity is or has taken place. We may request that document copies are notarized by a Notary Public. By registering an Account, participating in any Competitions and Tournaments and accessing or otherwise using the Services, You affirm consent to such. In the event that We determine that Your Account
has been involved in any illegal or improper activity, We reserve the right to suspend or terminate Your Account without notice or liability and withhold any funds that are present therein.
5. Compliance with Laws
You acknowledge that various rules, regulations and laws addressing Competitions and Tournaments, and their corresponding entry fees and prizes may govern Your participation in Competitions (“Gaming Laws”) and that Gaming Laws are set up by each individual state, country, territory, or jurisdiction. Therefore, We do not offer Cash Competitions or Tournaments to users in any state in which such Competitions or Tournaments violate its Gaming Laws (“Prohibited Jurisdiction”), and if You are located in any Prohibited Jurisdiction then You may not participate in Cash Competitions. In the United States, Prohibited Jurisdictions include: Arizona, Iowa, Louisiana, and South Carolina. For card-based Competitions and Tournaments, additional Prohibited Jurisdictions include: Indiana, Maine and Montana. We reserve the right to include additional Prohibited Jurisdictions as determined in Our sole discretion, and these Prohibited Jurisdictions are subject to change. In addition, Lucky Day has the right to monitor the location from which You access the Services and has implemented technical measures to block Your use of the Services to the extent You are located in a Prohibited Jurisdiction.
If You open an Account and/or participate in the Competitions or Tournaments offered on the Application while located in a Prohibited Jurisdiction, You will be in violation of the law of such Prohibited Jurisdiction and these Terms, and subject to having Your Account suspended or terminated. If You participate in the card-based Competitions and Tournaments offered in the pay-to-play portion of the Services on the Application while located in a Prohibited Card Jurisdiction, You will be in violation of the law of such Prohibited Card Jurisdiction and these Terms, and subject to having Your Account suspended or terminated. You hereby agree that We cannot be held liable if laws applicable to You restrict or prohibit Your participation. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any service offered nor shall any person affiliated, or claiming affiliation, with Us have authority to make any such representations or warranties. We do not intend that the Application and the features offered thereon to be used by persons present in jurisdictions in which the playing of Competitions and Tournaments may be prohibited or restricted. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Your participation in Competitions or Tournaments is at Your own risk, and You agree not to hold Us responsible or liable if the laws of Your jurisdiction restrict or prohibit Your access or participation in the Services. We make no representations or warranties, express or implied, as to the lawfulness of Your participation in any Competition and/ or Tournament or use of Services, nor shall any person affiliated, or claiming affiliation, with Us have authority to make any such representations or warranties.
6. User-Generated Content
The Services enable users to upload, post, transmit, or share content ("User Content"). To use features that allow You to upload or transmit User Content through the Services or to interact with other users, You must adhere to the guidelines outlined in these Terms.
By uploading or sharing any User Content through the Services, You represent and warrant that You have, and You agree to grant Us, all the rights necessary to explicitly provide Lucky Day with a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, adapt, edit, translate, distribute, syndicate, publicly perform, publicly display, transmit, communicate to the public, make available, and create derivative works from all such User Content, including any name, voice, image, and/or likeness contained in the User Content, in whole or in part, in any form, media, or technology, whether now known or developed in the future, for use in connection with the Services and Lucky Day’s businesses.
This User Content can be used to generate new User Content, either individually or in collaboration with other users, by incorporating portions of User Content created by others. The opinions expressed by users on the Services do not reflect Our values or opinions. Lucky Day reserves the right (but not the obligation) to remove, edit, or refuse to transmit any User Content to enforce these Terms or for any other reason at Lucky Day’s sole discretion.
Please note that the User Content, which may include proprietary materials from Lucky Day, is not verified or endorsed by Us.
7. Prohibited Uses
You may use the Services only for lawful purposes and are solely responsible for all of Your activity in connection with the Services. You may not, and shall not permit any third party to, take any action, upload, submit, post, or otherwise distribute or facilitate distribution of any content or user submission (including User Content) on or through the Services that:
(i) infringes, misappropriates, uses or discloses without authorization, or otherwise violates any third party's intellectual property or proprietary rights;
(ii) uses or launches any automated system, including without limitation “screen scrapers,” “bots,” “spiders,” “offline readers,” etc., that access the Services in a manner that sends more request messages to Lucky Day’s servers than a human can reasonably produce in the same period of time;
(iii) is illegal, violent, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as Lucky Day may determine in its sole discretion;
(iv) contains any harmful or malicious software or computer codes, files or programs designed or intended to damage, disrupt, interfere with, or limit the proper functionality of any software or hardware, or that enables unauthorized access to any system, data, password, or other information of Lucky Day, its users, or any other individual or entity;
(v) impersonates any individual or entity, including, without limitation, employees or representatives of Lucky Day;
(vi) removes, infringes, violates, obscures, or alters any copyright or other proprietary notices contained on or in or otherwise connected to the Services, including any copyright, trademark, patent, trade secret, mask work right, moral right, privacy right, right of publicity, trade dress, and service mark right, goodwill, and third-party rights;(vii) involves commercial activity not expressly permitted by Lucky Day; or
(viii) violates any right of publicity, or other right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam, and privacy laws and regulations.
You shall be solely responsible for any and all content of any kind that You make available (by uploading or otherwise) or use through the Services. You represent and warrant to Us that You will not engage in any activity that interrupts or attempts to interrupt the operation of the Services.
Anyone who engages in, participates in, aids and abets, or displays behavior that may be interpreted, in our sole discretion, as unfair methods of participating in the Services, including but not limited to:(i) the opening of or access or use of multiple Accounts;
(ii) the use of unauthorized or altered software or hardware to assist play;
(iii) deliberate transfer of money between Accounts (e.g., money laundering);
(iv) intentionally poor play in certain Competitions and Tournaments to achieve competitive advantage;
(v) collusion with other players (e.g., intentionally losing matches in Cash Competitions or Tournaments);
(vi) harassment of other participants;(vii) posting objectionable material; breach of these Terms; breach of security of Your Account; or
(viii) any other act (whether through the use of automated technology or otherwise) that unfairly alters Your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), will be subject to immediate sanction (as determined by us in our sole discretion).
Such sanction may include, without limitation:
(i) immediate termination of Your Account and blocking of Your access to the Services;
(ii) any prizes that You may otherwise have been entitled to receive shall be void and forfeited; and
(iii) any prizes received by You shall be subject to disgorgement and recoupment.
In addition to the foregoing, we reserve the right to disclose or report any money laundering or other illegal activity or suspected money laundering or other illegal activity to law enforcement and regulatory authorities.
Any attempt to deliberately damage the Services or undermine the legitimate operation of any Competition or Tournament is a violation of criminal and civil laws, and should such an attempt be made, Lucky Day reserves the right to seek damages and other remedies from You to the fullest extent permitted by law.You further acknowledge that the forfeiture and return of any prize as a result of a violation of these Terms shall in no way prevent Lucky Day from pursuing criminal or civil proceedings in connection with any Abuse.
8. Third-Party Services/ Third-Party Payment Processors
The Services might offer links to external websites, apps, services, products, or other engagements (“Third-Party Services”) that are not under our ownership or control. These links are provided for Your convenience and do not imply Lucky Day's endorsement or liability for the content, products, services, or materials presented or offered by such Third-Party Services. Your utilization of such Third-Party Services is undertaken at Your own risk and is subject to the terms governing their use. You recognize that Lucky Day bears no direct or indirect liability for Your engagement with Third-Party Services. Any issues or grievances regarding such Third-Party Services should be directed to the respective third parties. You understand that any data provided after clicking on these links is subject to the terms of service and privacy policy of the third party, not our own Terms or Privacy Policy. We disclaim responsibility for the content, safety, privacy, or security of any Third-Party Services. You agree to hold us harmless from any losses or harm resulting from or related to any third-party content.
If You've downloaded the Apps from the Apple App Store or Google, or if You're using the Apps on an iOS or Android device, You acknowledge receipt of the following notice regarding Apple and Google. These Terms solely govern Your relationship with Lucky Day; they do not involve Apple or Google, who bear no responsibility for the Services or their content. Apple or Google are not obligated to provide any maintenance or support services for the Services. To the maximum extent permitted by law, Apple holds no warranty obligations regarding the Services. Apple or Google are not liable for addressing any claims by You or third parties regarding the Services or Your use of them, including product liability claims or claims related to legal or regulatory compliance. Apple or Google are not responsible for handling any third-party claims related to infringement of intellectual property rights resulting from Your use of the Apps. You agree to comply with any applicable third-party terms when using the Services. Apple, Google, and their subsidiaries are considered third-party beneficiaries of these Terms, and upon acceptance, Apple and Google will have the right to enforce this Agreement against You. You represent and warrant that You are not located in a country subject to U.S. Government embargo or designated as a “terrorist supporting” country, and You are not listed on any U.S. Government list of prohibited or restricted parties. Except as provided herein, there are no other third-party beneficiaries to these Terms.
Additionally, Lucky Day utilizes third-party electronic payment processors and financial institutions (“Payment Processors”) to handle payments for services offered via the Services. The handling of information provided to and received from these Payment Processors, and how such information is used and disclosed, is detailed in Our Privacy Policy. You irrevocably authorize us to instruct these Payment Processors to process payments and agree that we may give such instructions on Your behalf as per Your requests through the Application. You agree to abide by the terms and conditions of each applicable Payment Processor, with these Terms prevailing in case of a conflict. You acknowledge that Lucky Day is not responsible for any loss resulting from unauthorized use of Your payment method, except in cases of gross negligence by Lucky Day or its employees.
9. Limitation of Liability
By using the Services, You acknowledge and agree that Lucky Day's liability concerning Your use of the Services is limited as outlined below. Under no circumstances shall Lucky Day, its parent companies, subsidiaries, affiliates, or any of their respective directors, officers, employees, agents, successors, assigns, or other representatives (collectively, the "Lucky Day Entities and Individuals"), be held liable to You or any other party for any type of loss or damages (including, but not limited to, special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) that are directly or indirectly related to:
(i) the Services, or any information You upload;
(ii) Your use of, inability to use, or the performance of the Services;
(iii) any action taken as part of an investigation by Lucky Day or law enforcement authorities regarding Your use of the Services;
(iv) any action taken in connection with copyright owners; or
(v) any errors, omissions, or defects in the technical operation of the Services.
This limitation applies even if such damages were foreseeable or if the Lucky Day Entities and Individuals were advised of the possibility of such damages, whether in an action of contract, negligence, or strict liability tort. Under no circumstances will the Lucky Day Entities and Individuals be liable to You or anyone else for any loss or injury, including, but not limited to, death or personal injury, resulting from Your use of the Services. Some states do not permit the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. In such cases, Our liability will be limited to the maximum extent allowed by applicable law.
In no event shall the collective liability of the Lucky Day Entities and Individuals to You or any third parties for all damages, losses, or causes of action surpass one hundred U.S. Dollars ($100). The Lucky Day Entities and Individuals shall not be held accountable for any harm to Your or any third party's computer, hardware, software, or other technological equipment, encompassing but not limited to damages arising from security breaches, viruses, bugs, tampering, fraud, errors, omissions, interruptions, defects, delays in operation or transmission, computer line or network failures, or any other technical or functional malfunctions. Should You find any aspect of the Services unsatisfactory, Your only recourse is to discontinue accessing and using the Services.
You acknowledge and consent that should You suffer any damages, losses, or injuries due to Lucky Day's actions or omissions, such damages are not irreparable or substantial enough to warrant an injunction prohibiting the utilization of any Services or other properties owned or controlled by the Lucky Day Entities and Individuals. You are not entitled to restrain or hinder the development, production, distribution, advertising, display, or exploitation of the Services, Your uploaded information on the Services, or any associated activities or actions.
10. Disclaimer of Warranties
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR LUCKY DAY PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE AND OUR LUCKY DAY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, SECURITY OF THE SERVICES, THE AVAILABILITY OF ANY GOODS OR OFFERINGS OFFERED ON OR THROUGH THE SERVICES, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON THE SERVICES. ANY ADDITIONAL SERVICE OR SERVICE APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
In addition, Lucky Day is not responsible in any way for the Competitions and Tournaments You play in or for Your Device, including for any communication or other errors in such Competitions and Tournaments or Device, and such errors might be counted as losses in Competitions or Tournaments You participate in. Lucky Day is not responsible for any User Content made available on the Services. Lucky Day does not provide any warranty regarding the Services, Website or any service or content made available through the Services and expressly disclaims: availability, accuracy of the information displayed about game statistics, technical errors in the Competitions and Tournaments, usability, quality, appropriateness, reliability, latency or loss of internet connectivity, timeliness, serviceability, warranty of title, non-infringement, merchantability, legality, or fitness for particular purpose. Lucky Day does not warrant or guarantee protection from viruses or other computer system malware. Lucky Day does not claim or guarantee that the Services shall be uninterrupted, or that Services shall be error free. Lucky Day does not guarantee that any Competitions or Tournaments You participate in will be fair or that other players will not cheat in such Competitions and Tournaments. We do not and cannot guarantee that use of Our Services will generate You any profits. We do not take responsibility for any losses to Your Account. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement. In such jurisdictions, liability of Lucky Day shall be limited to the fullest extent permitted by law. Additional disclaimers may appear within the Services and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on Your use of the Services or the content contained therein, such greater restrictions shall apply. This limitation of liability shall apply to third-party claims as well as claims between the parties. If applicable law does not allow all or any part of the above limitation of liability to apply to You, the limitations will apply to You only to the extent permitted by applicable law.
11. Lucky Day’s Intellectual Property Rights
All title, ownership and intellectual property rights in and to the Apps, Website, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, Virtual Items (as defined below), and any part thereof, including derivative works, of Lucky Day and other companies providing services to Lucky Day, are the property of Lucky Day or their respective owners. As a user of the Services, You agree not to use, copy, reproduce, publish or borrow any of the aforementioned content or trademarked work without explicit permission from Lucky Day or the owner thereof. Except as explicitly provided herein, nothing in these Terms shall be deemed to grant You or any other party a license in or under any such intellectual property rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Making unauthorized copies of content found in the Services may result in the termination of Your Account, prohibition on use of the Services, and further legal action. Content owners may take criminal or civil action against You for unauthorized use of intellectual property. You agree to indemnify and hold harmless Lucky Day from any unauthorized or illegal conduct by You, or through the use of Your Account, on the Services.
You may choose to or We may invite You to submit comments, ideas, suggestions, other submissions or feedback about the Services, including without limitation about how to improve the Services (“Feedback”). You understand that Your Feedback is gratuitous, unsolicited, and will not place Lucky Day under any fiduciary or other obligation. By submitting any Feedback, You represent and warrant that: (i) You have the right to disclose the Feedback; (ii) the Feedback does not violate the rights of any other person or entity; and (iii) Your Feedback does not contain the confidential or proprietary information of any third party. By sending Us any Feedback, You further: (i) agree that We are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that We may have something similar to the Feedback already under consideration or in development; (iii) grant Us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Lucky Day any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any suspension or termination of Your Account or the Services.
Except as expressly set forth herein, no right or license is granted hereunder, express or implied, to any intellectual property rights and Your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products.
Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available within the Services in a way that may constitute copyright infringement, You may provide notice of Your claim to Lucky Day’s Designated Agent listed below. For Your notice to be effective, it must include the following information:
(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 Services;
(iv) Information reasonably sufficient to permit Lucky Day to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Lucky Day’s Designated Agent is:
Joshua Javaheri
Address: 9663 Santa Monica Blvd. Beverly Hills, CA 90210
Email:
jjavaheri@luckyday.com
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring within the Services. All other inquires to the Designated Agent will not be answered.
Trademarks
Lucky Day owns or in the process of registering trademarks for its many goods and services, including, without limitation, “Lucky Day” and the associated graphics, logos and service marks and may not be used without prior written consent of Lucky Day. All other trademarks, product names, and company names and logos appearing within the Services are the property of their respective owners.
Rights of Publicity
By participating in a Competition or Tournament or service offered via the Services, You agree to the use by Lucky Day of Your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for that Competition or Tournament and/or other Lucky Day Competition or Tournaments, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without compensation, review or approval rights, notification or permission, except where prohibited by law.
We reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Competition or Tournament. You agree that We may announce any winner’s name on-air or on the Services at any time in connection with the marketing and promotion of Our Services and the Services or Competitions and Tournaments offered by Us.
12. Virtual Items
Within the Services, You may encounter opportunities to earn or acquire virtual, in-game currency, including, but not restricted to virtual coins, points, credits, bonuses, collectibles, and chips – all designated for utilization within the Services (“Virtual Items”). These Virtual Items can be earned or acquired during Your engagement with the Services. We license Virtual Items to You for Your individual use within the Services, subject to the limitations and conditions outlined in further detail below.
Under no circumstances can Virtual Items be exchanged or converted into “real world” currency, goods, or any other item of monetary value, whether from Lucky Day or any other entity. You acknowledge that You possess no ownership, title, or property rights over the Virtual Items featured or originating within any of our Services, nor over any associated attributes tied to an Account or stored within the Services. Once obtained, Virtual Items are non-refundable, non-transferable, and non-exchangeable, except at the sole discretion of Lucky Day. You are prohibited from engaging in the transfer, purchase, sale, or exchange of Virtual Items outside of the Services, except where explicitly authorized in writing by Lucky Day.
Consequently, You may not sublicense, trade, or sell in-game Virtual Items for actual currency or exchange them for any form of value outside of the Services without obtaining prior written permission from Lucky Day. Such actions constitute a breach of these terms. Any attempt to transfer or trade Virtual Items is strictly prohibited and null, and may lead to the suspension or termination of Your Account, at the sole discretion of Lucky Day, along with legal action taken against You. Beyond a limited, personal, revocable, non-transferable, and non-sublicensable license to utilize Virtual Items within the Services, You hold no rights or entitlements to such Virtual Items featured or originating within the Services, or to any other attributes associated with the use of the Services or stored within the Services.
Lucky Day reserves the authority to oversee, regulate, control, modify, and eliminate Virtual Items at its sole discretion, without incurring liability to You or any other party. Prices and availability of Virtual Items are subject to alteration without prior notice. Additionally, Lucky Day may selectively withdraw or revoke Virtual Items linked to Your Account at its sole discretion. Virtual Items may only be held by legal residents of states and/or countries where access to and use of the Services are permitted. Virtual Items may only be acquired or awarded from Us or through means We provide on Our Services or otherwise expressly authorize. Lucky Day does not recognize any purchases or transfers made outside of the Services on any other platform or e-commerce website and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.
You recognize that Lucky Day is under no obligation to issue a refund for any reason, and that You won't receive money or any other form of compensation for unused Virtual Items in the event of Account closure, whether voluntary or involuntary. If Your Account is terminated or suspended for any reason, at Lucky Day’s sole discretion, or if the Services become unavailable, all Virtual Items will be forfeited. It's important to emphasize that if Your Account is terminated, suspended, or if any Virtual Items are selectively removed or revoked from Your Account, no refund will be provided, and Virtual Items will not be credited or converted to cash or any other form of reimbursement.
13. License to Use the Services
Subject to these Terms, We grant to You a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and access the Services on a Device owned or controlled by You, solely for the purpose of accessing and using the Services in accordance with these Terms. You may not network the software among Devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Services, or its structural framework; (ii) create derivative works of the Services; (iii) use the Services in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related Device , process or procedure established with respect to the Services. You are responsible for all use of the Services that is under Your possession or control.
14. Competitions and Tournaments, Payment, Winners, Prizes
Competitions and Tournaments
There are a number of Competitions and Tournaments available on the Services in which You compete in to win a prize. The Services offers a plurality of different types of Competitions and Tournaments including pay-to-play and free-to-play Competitions and Tournaments. We reserve the right to modify or cancel Competitions and Tournaments at any time without notice to You.
All Competitions and Tournaments offered are designed as Competitions and Tournaments of skill pursuant to the Unlawful Internet Gaming Enforcement Act of 2006. Winning a Lucky Day Competition or Tournament is determined by Your ability to use Your skill and performance.
Each of Our Competitions and Tournaments are governed by specific Rules, as may be modified from time to time, which are set forth in the respective Rules and are incorporated into these Terms by this reference. You have the responsibility to review the Rules prior to participating in any Competition and Tournament, and to review the rules for any changes. You agree to abide by the then-current Rules for the Competitions and Tournaments in which You participate. Your failure to follow the then-current Rules for the Competitions and Tournaments in which You participate will result in Your immediate and automatic forfeiture in the Competition and Tournament, and We reserve the right to immediately suspend or terminate Your access to the Services.
If You play a Competition or Tournament without depositing real money into Your Account for that Competition or Tournament, then You are a “Non-Cash Player” with respect to such Competition or Tournament. However, if You play in a Cash Competition or Tournament, then You are a “Cash Player.” As a Cash Player, You hereby acknowledge that We reserve the right to change the following at Our sole discretion, without giving You prior notice: (i) any method for calculating the balance of or evaluating Your funds; and (ii) any withdrawal related rules, including the minimum withdrawal amount, withdrawal methods and withdrawal fees. Upon a withdrawal request, You may be required to submit the following current and correct information: (i) Your legal first and last name; (ii) Your permanent residential address; (iii) Your governmental issued ID; (iv) Your phone number; (v) Your credit card or other payment information; and (vi) other details as requested. Failure to provide the required information may result in Our inability to process Your withdrawal for any winnings. Participating in Cash Competitions or Tournaments may, in Our sole discretion, require establishing a positive account balance prior to entry. If You are a Cash Player, by submitting this information, You consent to allowing Us to share Your personal and payment information in confidence with third-party service providers for the purposes of validating Your identity and assessing the transaction risk associated with accepting Your selected method of payment, and for any other purposes as detailed in Our Privacy Policy. In addition, Lucky Day reserves the right to issue or process withdrawals solely via payment methods supported by Lucky Day. If You make a credit card deposit, We may submit an authorization request to the issuing bank to Your credit limit. In addition, Your personal Account (whether it’s a bank account, credit card, PayPal or other) may incur additional fees and commissions for receiving funds from Your Lucky Day Account. We are not responsible for paying those fees and commissions even if such fees or commissions exceed the withdrawn amount itself.
Entry Fees and Payment
While some Competitions and Tournaments may be free to enter, certain Competitions and Tournaments on this Services will require a pay-to-play entry fee, which will be listed in U.S. dollars. The entry fee may vary from each Competition or Tournament. You can enter the Competition or Tournament by using either cash or game currency. Once You enter a given Competition or Tournament, Your Account balance will be reduced based on the amount of currency used to enter the Competition or Tournament. This entry fee is a one-time fee You must pay to enter certain paid Tournaments. It is Your responsibility to know and understand the Rules and required entry fees for any given Competition or Tournament. You may receive supporting information relating to charges to Your Account by sending a written request to
support@luckyday.com.All fees and payments for Services that require such fees shall be made known to You prior to entry in any Competition or Tournament. If You agree to enter a Competition or Tournament, You agree to pay those fees associated with entry.
All fees must be prepaid and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under Your Account, including any unauthorized charges, deposits or withdrawals. We may change the price of Services at any time, but no price change will affect Your past purchases.
We may require You to pay Sales Tax, Value Added Tax, and Goods and Services Tax, as required by applicable law. Please note that all taxes payable will be calculated and added on top of any withdrawal or deposit amounts, as applicable. You agree to pay Us the applicable charges for any fees, including applicable taxes incurred by use of Your Account, using a valid credit card or other payment method We may accept in accordance with the billing terms and prices in effect at the time the fees become payable. Other than charges to Your Account, You agree to notify Us about any billing problems or discrepancies within thirty (30) days after they first appear on Your Account statement. If You do not bring them to Our attention within thirty (30) days, You agree that You waive Your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse Us for all reversals, chargebacks, claims, fees, fines, penalties and other liabilities incurred by Us (including costs and related expenses) that were caused by or arising out of payments that You authorized or accepted. You understand that We may suspend or terminate Your Account if for any reason a charge You authorize Us to make to Your credit card or other method of payment cannot be processed or is returned to Us unpaid and, if such event occurs, You shall immediately remit to Us payment for such charge through an alternative payment method.
We may change fees with or without notice to You. By providing Us with a payment method, You: (i) represent that You are authorized to use the payment method that You provided and that any payment information You provide is true and accurate; and (ii) authorize Us to charge You for the Services using Your payment method. We may bill You: (i) in advance; (ii) at the time of purchase; or (iii) shortly after purchase, in Our sole discretion. If You believe that You have paid any fees in error, You must notify Us within thirty (30) days after the error occurs. We will then promptly investigate the charge. If You don’t notify Us within that time, We will not be liable for any losses resulting from the error and We will not be required to correct the error or provide a refund. If We identify a fee error, We will correct that error within ninety (90) days. You must pay for all reasonable costs We incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
In the event of a dispute regarding the identity of the person winning a prize for a Competition and Tournament, the prize will be deemed to be won by the person in whose username the original entry was submitted with, or if possession of the username itself is contested, the name of the Authorized Account Holder. “Authorized Account Holder” is defined as the natural person who is the age of majority in his or her jurisdiction of residence and who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Services. By inputting a payment method to participate in Cash Competitions and Tournaments, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Services. It shall be a violation of these Terms for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
Results and Winners
The results and winners of each Competition and Tournament offered on the Services will be determined by Us at Our sole discretion and such determinations are final. We may change the official results, stats, etc. of events that have already occurred and have been posted to Your Account (or have affected Your score, progress, status, etc.) at Our discretion. By registering an Account and/or participating in any Competition or Tournament, You agree to be bound by these determinations. Winners will be notified on the Services directly by Us once the final Competition or Tournament closes. As noted above, it is against these Terms to use a PC to participate in the Service and if You are found to be using a PC to participate in the Service all potential winnings are subject to forfeit.
Prizes
Prizes may be virtual for use only on the Services or they may be “real.” See Rules for each Competition and Tournament to see the prize(s) to be awarded for that Competition and Tournament. No substitution or transfer of prize is permitted except at Our sole discretion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Us. If any legal authority challenges the award and/or Your receipt of a prize for winning a Competition and Tournament on the Services, We reserve the right to revoke, cancel, suspend, substitute, or modify the award of such prize.
All monetary winnings will be deposited directly into Your Account. Any amounts that are mistakenly credited as winnings to Your Account remain Our property and will automatically be transferred from Your Account upon confirmation of the error. Any winnings mistakenly credited to Your Account that have been withdrawn by You before confirmation of the error will constitute a debt owed by You to Us in the amount of such wrongfully attributed winnings.
It is the policy of the Services, in compliance with United States Internal Revenue Service regulations, to send an IRS Form 1099 or other appropriate form to any person who wins in excess of six- hundred U.S. dollars ($600) on the Services in any given year. Depending on the jurisdiction in which You reside, the Services may also send You additional, similar tax forms. However, You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in Your state, province, and/or country of residence.
Affidavit of Eligibility
If You are a prize winner, You may be required to execute and return an affidavit of eligibility, a copy of Your driver’s license, a liability release and, where lawful, a publicity release within thirty (30) days of issuance. If such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if You are not in compliance with these Terms, the prize will be forfeited and may be awarded to another potential winner at Our discretion. If any winnings were already credited to Your Account will remain Our property and will automatically be transferred from Your Account. Any winnings that were already credited to Your Account that have been withdrawn by You before confirmation of the error will constitute a debt owed by You to Us in the amount of such wrongfully attributed winnings.
15. Deposits, Bonus Cash, and Withdrawals from Your Account
Deposits To participate in certain Competitions and Tournaments, You must pay the entry fee from the funds in Your Account. You can deposit cash into Your Account by any of the methods permitted on the Services. In order to deposit funds, You will need to become a Registered User Further, to deposit funds, You may be asked to verify and/or provide the following information (i) Your legal first and last name; (ii) date of birth; (iii) zip code of current area of residence; (iv) Your e-mail address; (v) phone number; and (vi) share Your location; and (vii) other details as requested. If necessary, You may be required to provide appropriate documentation that allows Us to verify You in order to run appropriate identity checks and comply with applicable rules and regulations. As You are required to share Your location before You can complete Your deposit, You will not be able to continue with Your deposit if any of the following occur: (i) Your location is in a Prohibited Jurisdiction; (ii) Your location is invalid; (iii) Your location is captured using a virtual private network (“VPN”); or (iv) You refuse to share Your location.
You will have the ability to choose from six (6) different packages consisting of deposits for $5, $15, $25, $35, $50 and $75. You will be able to view the details of Your deposit before the deposit is finalized. Such funds will be deposited into Your Account upon actual receipt of the funds by Us and/or Our agents. Minimum and maximum limits may be applied to Your deposits into Your Account, depending upon Your history with the Services, the method of deposit, and other factors as determined solely by Us. We are not a bank and funds are not insured by any governmental agency. No interest is payable on amounts on deposit in Your Account. All payments into Your Account must be from a payment source on which You are the named Account holder.
Bonus Cash
If You are a Cash Player then We may, from time to time in Our sole discretion, grant You free bonus funds and credits (“Bonus Funds”). Bonus Funds can be used to enter Cash Competitions or Tournaments but cannot be withdrawn or used for any other offering. When You enter a Cash Competition or Tournament, We may deduct a certain amount of the Bonus Funds as an entry fee. For example, if both actual cash deposited by You and Bonus Cash are available in Your Account balance, up to twenty percent (20%) of the entry fee will be paid in Bonus Cash upon entering a Cash Competition or Tournament, and the rest will be paid utilizing actual cash. When Bonus Cash is used to enter a Cash Competition or Tournament, the winnings on top of the Bonus Cash part of the entry fee are converted to regular withdrawable funds. Upon withdrawal, all Bonus Cash is forfeited. Notwithstanding the foregoing, additional Bonus Funds will be used to enter Cash Competitions or Tournaments if it is the only currency available in Your Account. When You win a Cash Competition or Tournament, any Bonus Funds that You have used to pay the entry fee will be returned to You and any additional winnings beyond Your entry fee will be paid in the applicable currency. If You withdraw funds from Your Account, You will forfeit all Bonus Funds currently in Your Account. If You do not enter a Cash Competition or Tournament within a continuous ninety (90) day period, all Bonus Funds in Your Account will be forfeited. Notwithstanding the foregoing, additional Bonus Funds will be used to enter Cash Competitions or Tournaments if it is the only currency available in Your Account.
Withdrawals
If You wish to withdraw cash that is won from Cash Competitions or Tournaments, You will be asked to enter Your PayPal email and confirm before submitting Your withdrawal. You will be charged a service fee that is to be deducted from the amount You will withdraw.
The processing of requesting a withdrawal to Your PayPal account may take up to fourteen (14) business days; provided, however, the Services reserves the right to freeze Your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a Registered User requesting withdrawal of funds. If You do not receive Your withdrawal within fourteen (14) business days, please contact customer support at
support@luckydayapp.com.
We reserve the right to require You or Your financial institution (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and Your identity. Withdrawal payments will not be made until such verification is received; if We have not received verification within five (5) days, the withdrawal request will be cancelled and the Account in question may be suspended.
If Your Account is closed by Us for a violation of the Terms or if You decide to close Your Account, We reserve the right to determine whether to declare as void any transaction placed by You and Your deposits and winnings may be voided and not returned to You. In such an event, We use these funds to defray the costs of administration and enforcement of the Terms.
If You choose to close Your Account, any funds in Your Account will be forfeited. If You want to withdraw funds Your Account before closing it, You must request to do so prior to terminating Your Account. If We unilaterally close or terminate Your Account due to a violation involving fraud, illegal behavior, or cheating (as determined in Our sole discretion) of these Terms, funds in Your Account may be forfeited and not returned to You.
Inactive Accounts
If Your Account becomes inactive (i.e., You have not entered at least one (1) Competition or Tournament (either as a Non-Cash Player or Cash Player) for six (6) consecutive months or more, We reserve the right to charge a maintenance fee of $2.00 per month (“Monthly Maintenance Fee”). The Monthly Maintenance Fee will be deducted from Your Account for each consecutive month that it remains inactive. The Monthly Maintenance Fee will not be deducted from Your Account if there are no funds in Your Account
.
Miscellaneous
You must promptly notify Us of any changes to the credit card account number, or other payment information provided to Lucky Day as part of deposits made, its expiration date and Your billing address, or if Your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of Your credit card or other method of payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by You to honor legitimate charges or requests for payment, will result in immediate termination of Your Account, forfeiture of winnings, and pursuit of civil litigation and criminal prosecution.
You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to You. We may provide You with, or require You to provide, federal or state tax forms and other appropriate form(s). Without limiting the foregoing, We may withhold from Your existing account balance and from future winnings any amount required to be withheld by applicable laws, including amounts due in connection with Your failure to complete relevant tax documentation, but You remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.
If You are eligible to receive prizes, We may require that You provide Us with proof that You are, or were at the time of Your participation in the Competition or Tournament, eligible to participate in accordance with these Terms and that Your participation was in accordance with these Terms. If You do not provide Us with such proof to Our reasonable satisfaction, then You will not receive the prize. If You receive a prize in error, We may reverse or require return of the prize. You agree to cooperate with Us in Our efforts to do this. We may also reduce payment to You without notice to adjust for any previous overpayment.
Competition or Tournament results and prize calculations are based on the final statistics and scoring results at the completion of the Competition or Tournament. Once Competition or Tournament results are reviewed and graded, prizes are awarded. The scoring results of a Competition or Tournament will not be changed regardless of any official statistics or scoring adjustments made at later times or dates, except in Lucky Day’s sole discretion.
Lucky Day reserves the right to cancel Competitions or Tournaments at any time. In the event of a cancellation, all entry fees will be refunded to You except as specifically provided in these Terms or applicable Competition or Tournament Rules. Unless otherwise required by law or noted herein, all fees are final and no refunds are given, except at Lucky Day’s sole discretion.
U.S. Dollars
All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If You make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by Our Payment Processors or Your financial institution and You may be charged a service fee for such conversion. Please also be aware that Our Payment Processors and/or Your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under Our control and We recommend that You contact Your financial institution directly for more information.
16. Online Conduct
You agree to use the Services only for lawful purposes. Unacceptable uses include without limitation:
(i) Engaging in any illegal activity or the planning of any illegal activity;
(ii) Disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
(iii) Creating, uploading, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity, or other intellectual property rights of any person;
(iv) Creating a false identity, impersonating another person, or otherwise attempting to mislead any person as to the identity or origin of any communication;
(v) Exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;
(vi) Interfering, disrupting or attempting to gain unauthorized access to the Services, other accounts in the Services or any other computer network;
(vii) Uploading, disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
(viii) User Content that, in the sole judgment of Lucky Day, is objectionable, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Lucky Day or its users to any harm or liability of any type.
(ix) Stalking or harassing another Registered User;
(x) Improperly using support or complaint buttons or making false reports to Lucky Day; or
(xi) Engaging in any other activity deemed by Lucky Day to be in conflict with the spirit or intent of the Services.
Reporting Abuse or Inappropriate Conduct
If You wish to report any abuses, inappropriate online conduct or a violation of Our Terms, please forward all evidence of the same to support@luckyday.com. Please refer responsibly!
17. Skill Matching
The game is designed to match players and create challenges based on their individual skill sets. This ensures that all in-game experiences are tailored to the player’s ability, providing fair and balanced competition. Lucky Day uses skill matching to pair customers with other players with similar skill. To ensure a balanced competition, Lucky Day will do their best efforts to find You opponents who are near Your level of play. Skill levels are determined separately for each game and updated after each Competition and Tournament. Our matchups for You are based on several factors, including the following:
(i) Number of paid Competitions and Tournaments played and performance in each Competition or Tournament.(ii) Scores and results in previous Competitions or Tournaments. When You beat players of a similar skill level, We will increase Your skill level or find You stiffer competition and vice-versa.(
iii) Length of time playing the game title.
As Your skill level increases, the difficulty of Your matchups may increase as well. Your opponents may not all have the exact same skill level as You – You may often be matched with players of slightly greater or lesser skill. As You win more Competitions and Tournaments, Your matchups may keep getting harder. Lucky Day will continuously monitor and adjust the matchmaking criteria to maintain balance.
Our Competitions and Tournaments are designed to provide recreational entertainment and challenge, serving as enjoyable pastimes rather than reliable sources of income. Consistently winning is unlikely, and while short-term success may be achieved, it’s not guaranteed to continue over extended periods.Please note that You may be matched with opponents from different jurisdictions. This will not impact the skill matching and the prizes offered to You.
18. Third-Party Advertising
You acknowledge that the Services may include advertisements from Lucky Day or third parties. Our Privacy Policy covers Lucky Day’s disclosure of information for third-party advertising. Any expenses or commitments You incur in interactions with these third parties are Your own responsibility. Lucky Day does not make any representations or warranties about the content, goods, and/or services provided by any third party, even if linked from the Services, and will not be liable for any claims related to third-party content, goods, and/or services. The linked sites are not controlled by Lucky Day and may collect data or request personal information from You. Lucky Day is not accountable for their content, business practices, or privacy policies, nor for the collection, use, or disclosure of any information those sites may gather. Furthermore, the presence of any link does not signify Lucky Day’s endorsement of these linked sites.
19. Maintenance and Updates to the Services
Lucky Day conducts maintenance work on its system from time to time mainly for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of the Services will not be available during maintenance periods. If possible, You will be notified of maintenance periods in advance, however, You hereby agree that Lucky Day may update the Services with or without notifying You.
All problems encountered during the use of the Services, including those with regard to Your Account, etc., can be reported to Lucky Day when the problem is encountered at
support@luckyday.com.
20. Circumvention
You acknowledge and agree that You shall not circumvent or attempt to circumvent these Terms or the Services or otherwise interrupt or attempt to interrupt the operations of Lucky Day (collectively, a “Circumvention Act”). If Lucky Day determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Services, then, in such an event, Lucky Day reserves the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.
21. Indemnification
You agree to defend, indemnify, and hold Lucky Day Entities and Individuals harmless from any loss, damage, claim, liability, cost, demand and expense, including reasonable attorneys’ fees, arising in any way from Your use of or access to the Services, including, without limitation: (i) any data or work transmitted or received by You; (ii) Your violation of these Terms, including without limitation, Your breach of any of the representations and warranties above; (iii) Your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) Your violation of any law, rule or regulation of any jurisdiction as applicable to You and Lucky Day; (v) any claims or damages that arise as a result of any of Your user submissions or any other content that is submitted via Your Account; (vi) any other party’s access and use of the Service with Your unique username or other appropriate security code; or (vii) any other claim made by any third party in connection with Your use of the Services.
22. Term and Termination
Lucky Day reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services, with or without notice. You agree that Lucky Day shall not be liable to You or any third party for any modification, suspension or discontinuance of the Services. Upon termination for any reason, Your right to use the Services will immediately cease and You continue to be bound by these Terms.
We do not guarantee that the Services will be available at all times or at any given time or that We will continue to offer the Services for any particular length of time. We may change and update the Services without notice to You. We make no warranty or representation regarding the availability of the Services and reserve the right to modify or discontinue the Services in Our sole discretion without notice, including for example, ceasing a Competition or Tournament or other Services for technical reasons (such as technical difficulties experienced by Us or on the internet) or to allow Us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF THE SERVICES.
These Terms apply from the date that You accept them as provided herein. You may terminate Your Lucky Day Account at any time and for any reason by sending Us a support request at: support@luckyday.com or following the instructions provided on the Website or Apps. Upon termination of Your Account, You must immediately discontinue use of the Services and Your Account. Immediately upon termination of Your Account, all licenses and rights granted to You under these Terms automatically terminate.
In the event that Your Account is suspended or terminated, You will have no further access to Your Account or anything associated with it. You can lose Your username and persona as a result of Account suspension or termination. As noted above, if You cancel Your Account, Lucky Day reserves the right to collect fees, surcharges or costs incurred before You cancelled Your Account. If Your Account is closed by Us for a violation of the Terms, We reserve the right to determine whether to declare as void any transaction placed by You and Your deposits and winnings may be voided and not returned to You. In such an event, We use these funds to defray the costs of administration and enforcement of the Terms.
Lucky Day reserves the right to refuse to keep an Account for, and provide the Services to, any individual. You may not allow any individual whose Account has been terminated by Lucky Day to use Your Account.
23. Agreement to Arbitrate/Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You agree that any claim or dispute at law or equity that has arisen or may arise between You and Lucky Day relating in any way to or arising out of these Terms or Your use of or access to the Services will be resolved in accordance with the provisions set forth in this Section 23. Please read this section carefully. It affects Your rights and will have a substantial impact on how claims You and Lucky Day may have against each other are resolved.
Legal notices shall be served at the address provided in the contact section (in case Lucky Day is served) or Your email address on file with Us (in case You are served). Notice by Us to You shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, We may give You legal notice by mail to the physical address associated with Your Account, if requested. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to Us. It is Your responsibility to keep Your contact information updated.
Lucky Day wants to address Your concerns without the need for a formal legal dispute. Before filing a claim against Lucky Day, You agree to try to resolve the dispute informally. You and Lucky Day will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. That notice should contain proof of Your relationship with Lucky Day, the nature and legal basis for Your or Lucky Day’s dispute, and an individual monetary demand if You or We are seeking such relief. During this period, the parties shall use best efforts to settle any dispute, claim or disagreement. Any applicable limitations period will be tolled during this 60-day informal dispute resolution period. Filing any claims before the end of this period and without engaging in this process could result in the award of fees in arbitration. If the dispute is not resolved within such time period, You agree that any and all disputes or claims that have arisen or may arise between You and Lucky Day relating in any way to or arising out of these Terms or Your use of or access to the Services shall be resolved exclusively through final and binding arbitration. If You reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. In all events, each party hereby knowingly, voluntarily and intentionally, waives (to the extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating to these Terms or Your use of or access to the Services. The parties further agree that, if and to the extent this agreement to arbitrate is held not apply to any claim, that claim will be tried in a court of competent jurisdiction before a judge sitting without a jury.
Both parties acknowledge and agree that any claims brought forth shall be pursued individually, and not as part of any class, representative, or private attorney general action, whether in arbitration or litigation. Unless otherwise agreed upon by Lucky Day in writing, the arbitrator may not combine or consolidate claims from multiple individuals or parties, nor preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. If Lucky Day does grant consent, consolidation may be permissible. In cases involving individuals, the arbitrator may grant relief (including monetary, injunctive, and declaratory relief) only to the extent necessary to address the specific individual claim. However, in cases involving consolidated claims, the relief may extend to cover all claims consolidated. Any relief awarded shall not affect other Lucky Day users who are not parties to the specific claims. Should a court determine that applicable law prohibits the enforcement of any provision within this paragraph against class, representative, or private attorney general actions or proceedings for any claim, then only that claim shall be separated from arbitration and resolved in court. This process is subject to the right of both parties to appeal the court’s decision. All other claims will remain subject to arbitration.The arbitrator, rather than any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising from or related to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, including any part of it or the Terms. This includes, but is not limited to, any claim that any portion of this agreement to arbitrate or the Terms is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including their timing and remedies for nonpayment).
The arbitrator has the authority to grant any relief that would be available in a court of law or equity. Both parties agree that the arbitrator may permit the filing of dispositive motions if they are likely to efficiently resolve or narrow the issues in dispute. The arbitrator may also consolidate claims between the same parties into a single arbitration proceeding with Lucky Day's consent. The arbitrator has the right to impose sanctions for frivolous or improper claims according to National Arbitration and Mediation (“NAM”) rules and may apply the standards set forth in Federal Rule of Civil Procedure 11. The arbitration will be conducted by NAM under their applicable rules and procedures, including the commercial arbitration rules, as modified by this agreement. NAM has the discretion to modify the amount or timing of any administrative or arbitration fees due under NAM’s rules, provided such modifications do not increase the costs to You, and You waive any objection to such fee modifications. A good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section while the challenge is pending before NAM, the arbitrator, or a court of competent jurisdiction. Arbitration shall take place in Los Angeles, CA, or another mutually agreed-upon location. The availability of a more convenient forum for arbitration proceedings does not affect the governing law and venue specified in Section 25. If the value of the relief sought is $10,000 or less, either You or Lucky Day may elect to have the arbitration conducted by telephone or based solely on written submissions, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court with jurisdiction.commentsIf the filing fee for arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Lucky Day to pay the additional cost. You are responsible for Your attorneys’ fees unless otherwise provided by arbitration rules or applicable law.
If the arbitrator finds the arbitration non-frivolous, Lucky Day will cover the remaining filing and arbitrator fees, provided Your claim or consolidated claims do not exceed $75,000. For claims exceeding $75,000 or consolidated claims, fees and costs will be determined according to applicable NAM Rules and the arbitrator’s decision. Without this mandatory provision, the parties would have the right to sue in court and have a jury trial. They also understand that, in some instances, arbitration costs could exceed litigation costs and that the right to discovery may be more limited in arbitration.
To the extent permitted by law, any claim or dispute under these Terms related to Your access or use of the Services must be filed within one (1) year from the date of the cause of action. If a claim or dispute is not filed within one (1) year, You waive and will be deemed permanently barred from bringing such dispute.
Except as noted above, any arbitration shall be conducted in individual capacities only, not as a class action or other representative action, and the parties expressly waive the right to file a class action or seek relief on a class basis. If a final judicial determination precludes enforcement of this Section’s limitations regarding a particular remedy, then that remedy must be severed from the arbitration and sought in court. Any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. With the exception of any of the provisions in the class action waiver, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in Your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
30-Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration clause by sending written notice of Your decision to opt-out to the following address: dksupport@luckyday.com. The notice must be sent within thirty (30) days of Your first use of the Services, or the issuance of a materially changed clause, whichever is later, otherwise You shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt-out of a new clause, the prior clause will continue to govern any disputes between You and Lucky Day. If You opt-out of arbitration, Lucky Day also will not be bound to arbitrate. You agree that, if at some point in the future Lucky Day removes this Section 23 entirely, restoring the right to proceed in court, no opt out from that change would be required.
Changes to this Section: Lucky Day will provide thirty (30) days’ notice of any material changes affecting the substance of this Section 23. Changes will become effective on the 30
th day. If You continue to use the Services after the 30
th day, You agree that any unfiled claims are subject to the revised clause.
24. Modification of Terms or Services
We reserve the right, at any time in Our sole discretion, to amend or replace any part of these Terms and any document referred to herein, or any part thereof, at any time, without prior notice. You agree that We may notify You of any updated or new Terms by posting notice on the Services so that they are accessible via a link from the home page or by providing You notice at the email address associated with Your Account. Except as explicitly set forth herein, all such changes are effective immediately when We post them, or such later date as may be specified in the notice of updated Terms. Your continued use of the Services after such notice confirms Your consent to and acceptance of such amendment. The most current version of these Terms will govern Your use and access of the Services, including without limitation any content made available on or through the Services. If You object to any such changes, Your sole recourse is to cease accessing the Services.
We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: (i) stop offering or supporting the Services or any particular game or part of the Services; (ii) terminate or suspend Your license to use the Services or any part of it; (iii) modify or discontinue the Services; (iv) modify or remove any of the information contained in the Services; (v) limit the Services’ availability to any person, geographic area, or jurisdiction We choose; (vi) charge fees in connection with the use of the Services; (vii) modify or waive any fees charged in connection with the Services; and (viii) offer opportunities to some and all users of the Services. If that happens, Lucky Day is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Services or for virtual goods previously awarded or purchased. You agree that We will not be liable to You or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate Your acceptance of such changes in the Services and in these Terms.
25. Governing Law and Jurisdiction
For any dispute, including any petitions to compel arbitration, if You reside or use Our Services in the U.S., these Terms shall be governed by and construed in accordance with the laws of the State of California, U.S., without regard to conflict of law principles thereof. For all disputes not subject to arbitration, You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in California, U.S. and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.
Otherwise, for any dispute these Terms shall be governed by and construed in accordance with the laws of the State of _____ without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of California.
26. No Waiver and Force Majeure
Lucky Day’s failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Lucky Day will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.
27. Survival
Any and all terms and conditions within these Terms that should, by their nature, survive termination of Your Account, will survive such termination, including: Compliance with Laws, Prohibited Uses, Limitation of Liability, Competitions and Tournaments, Payment, Winners, Prizes, Indemnification, Lucky Day’s Intellectual Property Rights, Term and Termination, Agreement to Arbitrate/Class Action Waiver, and Governing Law.
28. Assignment of Rights and Statute of Limitations
You may not transfer, assign, sub-license, or pledge in any manner whatsoever Your Account or any of Your rights or obligations under these Terms. Lucky Day may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor. 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 Services, Terms, or the Lucky Day Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
29. Privacy and Data Collection
Lucky Day’s Privacy Policy is an integral part of these Terms and is incorporated into this document by reference. If You do not agree to each and every part of Our Privacy Policy, then You should not use the Services or submit any personally identifiable information through the Services. Questions regarding privacy issues should be directed to
support@luckyday.com.
30. California Consumer Notice
As required by California Code Section 1789.3, this notice is to advise You that: (i) the Services is provided by Lucky Day,
9663 Santa Monica Blvd. #933, Beverly Hills, CA 90210, and that (ii) a fee may be charged for certain Competitions and Tournaments, or Tournaments offered; Lucky Day reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to You. If You have a complaint regarding the Services or desire further information on use of the Services, please contact support@luckyday.com.
31. Notification Procedures
Lucky Day may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services, as determined by Lucky Day in Our sole discretion. Lucky Day reserves the right to determine the form and means of providing notifications to You, provided that You may opt out of certain means of notification as described in these Terms or Lucky Day’s
Privacy Policy.
32. Entire Agreement and Severability of Clauses
The Terms posted on this page, and the policies and agreements that are incorporated herein by reference, as amended, constitute the entire Terms between You and Lucky Day. If any part of these Terms is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
33. Language
You acknowledge that these Terms, and all related documents (including any Rules and the Privacy Policy) have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.
34. Contact Us
If You have any questions about these Terms or Lucky Day’s Services in general, please contact Us at:
support@luckyday.com or Lucky Day,
9663 Santa Monica Blvd. #933, Beverly Hills, CA 90210. Subject to the content of Your inquiry, Lucky Day may request that You provide additional information in order to allow the appropriate handling of Your inquiry. Further, to obtain a physical copy of these Terms, please email Your request to
support@luckyday.com.
These Terms may be changed at any time, without prior notice. Please visit this page regularly for updates to the Terms. You are reminded to print all transaction data, payment methods and these Terms in order to avoid misunderstandings at a later time.
THE SECTION TITLES IN THESE TERMS ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
