Live Game Night
Terms and Conditions of Website Use
Updated May 1, 2020
These Terms and Conditions of Website Use (“Terms”) govern each user’s (“you,” “your,” or “user”) access to and use of livegamenight.com (the “Site”), the Live Game Night game or app (the “Game”), and the services and features we offer on or in connection with it, including mobile applications. The Site and the Game are owned and operated by FlowPlay, Inc. (“FlowPlay”, “we,” “us,” “our”). In these Terms, the Site, the Game, and our products and services are collectively referred to as “LGN.”
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
YOUR ACCESS TO AND/OR USE OF LGN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT ACCESS OR USE LGN.
Except for certain kinds of disputes described in Section 15, you agree that disputes arising under this User Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THIS USER AGREEMENT, YOU AND LGN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 15.)
By using LGN, including but not limited to playing the Game, you represent and warrant to us that you are an Adult. “Adult” means that (a) you are at least 18 years old; and (b) you have reached the age of legal majority in the country, state, province or locality (“Jurisdiction”) in which you reside. You also represent and warrant that you are permitted under the applicable rules, regulations, statutes, agency or court decisions or other acts of government (“Laws”) to access and use LGN and the Content (as defined below), and that you have not previously been removed or banned from LGN.
1. The Game
The Game is a livestreaming, multi-user, interactive game environment in which you can access and play different single or multi-user games for free, and interact with other players directly via live stream or in gaming and non-gaming virtual locations, win virtual chips or currency (“Currency,” as defined below), and acquire other virtual items. To play the Game you must download the LGN app, which is available on the Site, and create a user account.
We may also offer contests or sweepstakes (“Promotions”) via the Game or the Site, which will be subject to additional terms and conditions to which you must agree before entering (“Promotions Rules”). Those Promotions Rules are considered part of this User Agreement and therefore part of the binding legal agreement between you and us. Please read any Promotions Rules carefully before you enter one or more Promotions.
2. FlowPlay Intellectual Property
(a) Rights Granted to You. Provided you comply with the User Agreement, we grant you a limited, revocable, non-transferable right to access, via the internet, file servers owned or operated by LGN comprising the Game and the Site and exchange data via the file servers solely to use and play the Game for your own personal entertainment. You may access and use content, information, or materials related to LGN, and its products and services owned or licensed by us, (collectively, the “LGN Content”), and similar items from our business partners and other third parties (collectively, the “Third-Party Content”) only for your own personal entertainment and in accordance with this User Agreement. The LGN and Third-Party Content may be in the form of text, data, images, graphics, games, button icons, registered and unregistered trademarks, music, sounds, videos, software, or other forms and formats of content now known or later invented. LGN Content, Third-Party Content and User Content (as defined below) are collectively referred to as “Content.”
(b) Ownership. All LGN Content and Third-Party Content are protected by copyright Laws, Trademark Laws or other intellectual property Laws and all such Content is owned or used with permission by LGN. Nothing contained on LGN is intended or will be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark, LGN or Third-Party Content, except as specifically set forth in this User Agreement or otherwise with the express written permission of LGN or the third party rights holder.
(c) Restrictions on Use. Except as set forth in this User Agreement or expressly on LGN, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit LGN, Third-Party or User Content that is not your User Content. You may not interfere with or circumvent any feature of the Game or Site, including any security or access control mechanism. If you are prohibited under applicable Laws from accessing or using LGN, you may not access or use it.
3. User Accounts and Account Information.
(a) User Accounts. To create a user Account, you must (i) select a user name and Account password and (ii) provide an email address. Please note that your email address will not be visible to any other users. Your email address and password will be your credentials needed to logon to your Account and play the Game. To make purchases of LGN products or services, including Game time, you will be required to provide your credit card information. We do not store your credit card information, so it must be reentered for subsequent purchases.
(b) Additional Terms and Restrictions.
- You may make changes to your Account information, including privacy settings, via the “User Settings” function. You are responsible for maintaining the accuracy of all Account information.
- You may establish only one Account per e-mail address and, as a reminder, LGN is available only to individual, natural persons who are Adults.
- You may choose any unique user name you wish; however, we may reject any user names for any reason, including user names that we believe violate our User Content and Community Rules, set forth below.
- You are responsible for maintaining the confidentiality of your password. You may not allow anyone to use your logon credentials to access or use LGN or your Account. You are solely responsible and liable for all activities conducted through your Account regardless who conducts them and for any damage that may result from the use of your Account or logon credentials.
4. LGN “Chips” and Virtual Items
(a) Chips. The Game includes a component of in-game fictional currency (“Chips”), which has no monetary or financial value outside of LGN. Chips are provided free and in unlimited supply for playing the Game. Currency may be used to obtain certain virtual items available in LGN (“Virtual Items”). Chips and Virtual Items are LGN Content which we distribute via LGN in our sole discretion and to which you are granted a limited, non-transferable, non-sublicensable, revocable, license to use in accordance with this User Agreement. LGN may include opportunities for you to obtain Chips or Virtual Items by completing actions or activities or downloading third-party applications (“Free Offers”). Free Offers may be subject to a separate third-party license or agreement. You obtain no property interest in Chips or Virtual Items. Any Chip balance shown in your account does not constitute a real-world balance or reflect any stored value, but rather constitutes a measurement of the extent of the license granted to you by us. While we may use terms like “buy”, “purchase” in reference to Chips, we do so only for convenience and such terms in no way indicate that Chips have monetary value or are real money. Chips and Virtual Items are not redeemable for any sum of money or monetary value from LGN at any time and does not constitute contractually binding consideration or payment of any kind, including in exchange for your agreement to the User Agreement or your Game play. You agree that LGN has the absolute right to manage, regulate, control, modify and/or eliminate Chips or Virtual Items as it sees fit in its sole discretion, in any general or specific case, and that LGN will have no liability to you based on its exercise of such right. In addition, we have no liability for hacking or loss of Chips or Virtual Items, and we have no obligation to reimburse you for any Chips or Virtual Items that are lost due to your violation of this User Agreement.
(b) Transfer of Chips or Virtual Items. Chips and Virtual Items may be transferred to other users or otherwise solely as described on LGN and subject to this User Agreement. Because Chips and Virtual Items have no monetary value, you may not redeem, transfer, sell, purchase, auction, offer or resell Chips or Virtual Items in any manner, including, without limitation, by means of any direct sale, auction service, or other means, outside of the tools provided by LGN developed for these transactions, if any. We reserve the right to suspend or terminate the Account of any user who sells or transfers Chips or Virtual Items in violation of this User Agreement.
(c) Termination and Forfeiture of Chips and Virtual Items. Chips and Virtual Items are used only for active Game play are terminated or forfeited at the close of each Game, unless we expressly state otherwise. Chips or Virtual Items may also be forfeited if (i) your Account or access to LGN is terminated or suspended for any reason, in LGN’s sole and absolute discretion; (ii) if LGN discontinues availability of the Game or Site or (iii) if you fail to login to LGN for any ninety (90) day period. LGN reserves the right to remove Chips or Virtual Items from your Account if it determines that they were granted inaccurately or in error or for any other reasons it deems necessary. LGN assumes no responsibility for any malfunction of the Game or the Site, which might result in the loss of Chips or Virtual Items.
(f) Discontinuing Operations. Should LGN find it necessary to discontinue operations and/or take down the Game or the Site, it is under no obligation to offer any type of compensation for Chips or other Virtual Items that have been acquired by you. Chips and Virtual Items are LGN Content to which users receive a limited license right in LGN’s sole discretion.
5. Online Shopping and Additional Payment Terms
(a) General Payment Terms. Certain features of LGN may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars. LGN uses a variety of service providers in order to process payments. Your payment information may be stored by the provider, but is not stored by LGN. LGN is not responsible for any fees associated with your use of a payment processor.
(b) Price. LGN reserves the right to determine pricing for LGN. LGN will make reasonable efforts to keep pricing information published on LGN and up to date. We encourage you to check LGN periodically for current pricing information. LGN may change the fees for any feature, or in its sole discretion, make promotional offers with different features and different pricing to any of LGN’s users.
(c) Authorization. You authorize LGN to charge all sums for the orders that you make or select as described in this User Agreement or published by LGN, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, LGN may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
(d) Refunds. Payments for Game time or other LGN products and services are non-refundable. If you are unhappy with your purchase, we may, however, at our sole discretion, refund your payment, provided you have not used any portion of the features that you purchased. Please remember that you must be an Adult to access and use LGN, which includes buying any products or services. We may, but are not required to issue refunds for any goods, services or Accounts bought by an individual who is not an Adult.
(e) Additional Terms. We may include additional terms with your purchase, which we will be displayed to you at or near the point of purchase (“Sales Terms”). Any Sales Terms are incorporated into this User Agreement by reference and constitute part of the agreement between us.
(f). Please note that we make every effort to display as accurately as possible any products and services we offer for sale. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. At any time and in our sole discretion, we may amend or add new products and services for additional fees and charges.
(g). Cancellation. You may cancel your Account at any time by sending an email requesting cancellation to email@example.com. We will cancel your Account within 24 hours of our receipt of your request, at which time you will no longer be able to use certain features of LGN. Account cancellation is permanent and irreversible.
(h). Termination. LGN reserves the right at any time for any reason or no reason to suspend or terminate your Account, terminate this User Agreement, and/or refuse any and all current or future use of LGN without notice or liability to you.
6. User Content and Community Rules
(a) Warranty Disclaimer; Our Rights to Remove
i. We may offer certain features on LGN, such as in-game chat rooms, bulletin boards or similar multi-user communication features, that allow you and other users to upload, post or otherwise submit or transmit user-generated content via LGN (all such Content, “User Content”). Please note that, unless otherwise indicated by us, we are not required to monitor, filter, censor, edit, or regulate User Content (although we may do so, in our sole discretion). We do not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any User Content.
ii. We may, at any time and in our sole discretion, permanently or temporarily delete, remove, or modify any User Content, including any User Content that we determine violates this User Agreement.
(b) Your License to Us. If you transmit any User Content to or via LGN, you grant us a non-exclusive, unrestricted, fully-paid, royalty free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit your User Content throughout the world in any and all media for any purpose. Please note that this license to your User Content does not include a license to your personal information.
(c) Submissions to LGN. We like to hear from you. But note, if you email, fax or contact us, we will consider any information or materials included in such submissions as User Content and subject to the terms, conditions and restrictions set forth for User Content transmitted via LGN, even if the User Content contains ideas for improvements to LGN, system designs, plans, techniques or similar User Content. In particular, please note that unless LGN specifically requests them, LGN does not solicit or wish to receive any User Content containing confidential, secret or proprietary information and we do not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Also, our receipt of User Content is not an admission by LGN of its novelty, priority, or originality, and it does not impair LGN’s right to contest existing or future intellectual property rights relating to User Content.
(d) Your User Content Warranty. You represent and warrant to us that you own or otherwise possess all necessary rights to all User Content you transmit to LGN or to us.
(e) Use and Content Restrictions. You agree that you will not use LGN or transmit User Content to or for:
i. Any commercial or income-seeking purpose, or for any purpose other than your personal entertainment;
ii. The transfer, sale, purchase or auction, or offers or acceptance of offer therefor, of any Content, including (without limitation) avatars, character attributes, Virtual Items, Chips, objects, or encourage or induce any other user to participate in such a prohibited transaction outside of the tools provided by LGN developed for these transactions, if any;
iii. Transmit any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of commercial or political solicitation, except in those areas of LGN that we may expressly designate for such purposes;
iv. Violate any Laws, including Laws applicable to online gaming, and including posting User Content that infringes any other person or entity’s intellectual property rights, such as copyrights and trademark rights;
v. Post, transmit or submit User Content that is obscene, defamatory, violent (or inciting others to violence), racist, pornographic, vulgar, offensive, profane, threatening, abusive, that violates any applicable domestic or international Laws or that constitutes hate speech, or that encourages or instructs users as to how to commit any of the foregoing. This includes, but is not limited to, providing instructions on how to assemble bombs or any other weapons, and creating “crush” websites;
vi. Monitor, gather, obtain, use, access or copy LGN or any Content (whether yours, ours or a third-party’s) by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic or manual process of any kind. Content includes lists of users and their personal information;
vii. Transmit any User Content that contains software viruses, worms, disabling code, worms, time bombs, “clear GIFs”, cancelbots, or other computer programming, code or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any data, information, packets, or personal information, or interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment;
viii. Frame or utilize framing techniques to enclose any Content on LGN (including, without limitation, any images, text, or page layout);
ix. Use any meta tags or any other “hidden text” utilizing any trademarks, logos, taglines, trade names or similar terms (“Trademarks”);
x. Use LGN or the services or features made available on LGN in any manner with the intent to interrupt, damage, disable, overburden, or impair LGN or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
xi. Reverse engineer, disassemble or decompile or otherwise attempt to derive code from any information accessible through LGN or permit any third party to do so;
xii. Create or provide any other means through which LGN may be accessed and/or the Game may be played by others, as, for example, through server emulators, whether for profit or not;
xiii. Engage in any conduct that results in an Account containing Virtual Items, Chips, avatars or user attributes, rank, or status that are inappropriate for the level or rank of the user or Account, including without limitation to rewrite or modify the user interface or otherwise manipulate data in such a way as to use LGN to acquire, any of the foregoing without playing the Game. This includes the use of macros or other stored rapid keystrokes, “dupes,” “cheats” or other patterns of play that facilitate acquisition of any of the foregoing at an accelerated rate when compared with ordinary Game play;
xiv. Run or participate in raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes;
xv. Disguise the origin of any Content, including, without limitation, by forging headers;
xvi. Impersonate any person or entity, whether actual or fictitious, including, without limitation, a LGN representative, or falsely state or otherwise misrepresent your affiliation or association with, sponsorship by, or connection to, any person or entity, including, without limitation, by using Trademarks that you do not have the legal right to use;
xvii. Modify, obscure, or eliminate the LGN frame set, banner advertising, or any other content or information that originates from LGN;
xviii. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of LGN are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
xix. Provide links to websites, networks, content, or resources that themselves violate the letter or spirit of this User Agreement, or promote the violation of this User Agreement or make available tools or information whose primary use constitutes a violation of the letter or spirit of this User Agreement; or
xx. Interfere with the operation or design of any elements that LGN may add to Users’ pages or other personal features or areas of LGN, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind.
(f) Protecting Yourself. It is important to remember that, as with information transmitted over the internet, User Content submitted to LGN, including any multi-user communications, may be recorded and stored, even if not by us, and may be accessible for a long time and to which you may not be able to control access. Because users of LGN may to some extent remain anonymous or pseudonymous, you may not always know at all times who you are interacting with on LGN. Please be careful and selective about the information that you disclose about yourself and others on LGN.
(g) Additional Terms. You understand and agree that you may be exposed to other users’ User Content with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of or access to any such User Content and your exposure to it, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such User Content. We do not warrant or guarantee that Content will not offend you.
(h) Contact Us. We encourage you to report to us, at firstname.lastname@example.org, any suspected violations of this User Agreement or any other additional rules posted in connection with such activity or service, in particular as they relate to inappropriate behavior or activity in our chat services and other community features.
7. Investigations; Cooperation with Law Enforcement; Termination
You agree that we may, without any limitation whatsoever: (a) investigate any suspected breaches of LGN security or our information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on LGN, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the Law, (e) delete or modify any Content on the site, including any User Content, Chips or Virtual Items you may have acquired or submitted through your use of LGN, and (f) discontinue LGN or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
8. Note to International Visitors
9. Disclaimers of Warranties
YOUR USE OF LGN IS AT YOUR SOLE RISK AND YOU AGREE TO ASSUME ALL SUCH RISK. LGN IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) LGN WILL MEET YOUR REQUIREMENTS, (B) LGN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) YOUR USE OF LGN WILL ACHIEVE ANY PARTICULAR RESULT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, OR OTHER MATERIAL OBTAINED BY YOU THROUGH LGN (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY CONTENT) WILL COMPLY WITH ANY LAW OR MEET YOUR REQUIREMENTS. ANY CONTENT DOWNLOADED AND ANY CONTENT, PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF LGN (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY CONTENT) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER ITEM THAT RESULTS FROM ANY SUCH ACTIVITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLOWPLAY OR THROUGH OR FROM LGN WILL CREATE ANY WARRANTY. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE LGN TO YOU. SOME JURISDICTIONS MAY NOT PERMIT THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH, SO SOME OF THE DISCLAIMERS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
10. Limitation of Liability
WE WILL NOT BE LIABLE, AND WE DISCLAIM ALL LIABILITY, IN CONNECTION WITH ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) ANY USE OR INABILITY TO USE LGN OR ANY COMPONENT THEREOF; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM LGN; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT; (D) STATEMENTS OR CONDUCT OF THE SERVICES OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MODERATOR WHO IS NOT EMPLOYED BY FLOWPLAY); OR (E) ANY OTHER MATTER RELATING TO LGN OR ANY USER CONTENT, USERS, THIRD PARTY CONTENT, OR THIRD PARTIES. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE LGN TO YOU. SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH, SO SOME OF THE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
11. Links by You to LGN
We grant you a limited, non-exclusive, revocable right to create hyperlinks to this LGN, so long as: (a) the links are only to the Game or the Site, (b) the links only incorporate text, and do not use any LGN Content or other Content to which you do not have rights, including any Trademarks, (c) the links and related content on your site do not suggest any affiliation with or sponsorship of FlowPlay or cause confusion among consumers, (d) the links and related content on your site do not portray FlowPlay, LGN, or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
12. Links on LGN to and from Other Sites
13. Banners, Advertisements, and Promotions
We may post banners, advertisements, promotions, and similar content throughout LGN. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through LGN (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). LGN disclaims all liability in connection with therewith.
14. Procedure for Alleging Copyright Infringement
FlowPlay will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via LGN, then send us a written notice that includes all of the following:
- A legend or subject line that says: “DMCA Copyright Infringement Notice;”
- Description of the copyrighted work that you claim has been infringed;
- A URL or a description of where the material that you claim is infringing is located on LGN;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
- Your electronic or physical signature.
LGN will only receive DMCA notices by mail, e-mail, or facsimile at the addresses below:
FlowPlay, Inc. dba LGN, 1008 Western Ave #300, Seattle, WA 98104
Attention: Legal & Business Affairs
By E-Mail: email@example.com
LGN may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and LGN may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone LGN at 206-219-0537.
Repeat Infringers. Our intellectual property policy is to (i) remove or disable access to material that we believe in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through LGN; (ii) remove any content posted to LGN by “repeat infringers”; and (iii) promptly terminate the accounts of users who are determined to be “repeat infringers.” We currently consider a “repeat infringer” to be any user for whom we have received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to content submitted by such user. We have discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon our own determination.
15. Dispute Resolution and Arbitration
(a) Generally. In the interest of resolving disputes between you and FlowPlay in the most expedient and cost effective manner, and except as described in Section 15(b), you and LGN agree that every dispute arising in connection with this User Agreement will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this User Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this User Agreement.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FLOWPLAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(b) Exceptions. Despite the provisions of Section 15(a), nothing in this User Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
(c) Arbitrator. Any arbitration between you and LGN will be settled under the Federal Arbitration Act and the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) (collectively, “AAA Rules”), as modified by this User Agreement. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
(d) Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). FlowPlay’s address for Notice is: FlowPlay, Inc., 1008 Western Ave #300, Seattle, WA 98104. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or FlowPlay may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.
(e) Fees. If you commence arbitration in accordance with this User Agreement, FlowPlay will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in King County, Washington, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse FlowPlay for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(f) No Class Actions.
YOU AND FLOWPLAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ORREPRESENTATIVE PROCEEDING.
Further, unless both you and FlowPlay agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(g) Modifications to this Arbitration Provision. If FlowPlay makes any future change to this arbitration provision, other than a change to FlowPlay’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to FlowPlay’s address for Notice of Arbitration, in which case your Account with LGN will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
(h) Enforceability. If Section 15(f) is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 16(c) will govern any action arising out of or related to this User Agreement.
16. Additional Provisions
(a) Indemnity. You agree to indemnify, defend, and hold harmless FlowPlay (which includes FlowPlay’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of LGN.
(b) Revisions to LGN and this User Agreement LGN may, in its sole discretion, make changes to any aspect of LGN, including, without limitation, any Content, any activities available on LGN, and any products or services offered through LGN. FlowPlay may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect after 7 days from the date of its posting, unless otherwise stated. Continued use of LGN following the effective date of any such changes constitutes your acceptance of those changes.
(c) Applicable Law; Disputes. This User Agreement, and any and all disputes, issues, controversies or matters arising from or related to it or LGN, is governed by and construed exclusively in accordance with the laws and decisions of the State of Washington, without giving effect to its choice of law or conflict of law provisions. You agree that the state and federal courts sitting in Seattle, Washington is the exclusive forum and situs for the resolution of any and all disputes, issues, controversies or matters arising from or related to this User Agreement or LGN, and that any such disputes, issues, controversies or matters must be resolved individually, without resort to any form of class action. You hereby consent to personal jurisdiction and venue in Seattle, Washington and service of process by certified mail. If any part of this Paragraph is held invalid or unenforceable, that portion is construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the User Agreement, and the remaining portions remain in full force and effect.
i. This User Agreement, accepted by your use of LGN and further affirmed by creating an Account or submitting Content to LGN, contains the entire agreement between you and FlowPlay regarding the use of LGN and supersedes all prior understandings related to LGN.
ii. By using LGN or by e-mailing us, you consent to receive communications from us electronically, provided such communications are otherwise in accordance with the User Agreement. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via LGN or otherwise, satisfy any legal requirement that such communications be in writing.
17. Contact Us.
LGN is offered by FlowPlay, Inc., located at 1008 Western Ave #300, Seattle, WA 98104. You may contact us by sending to that address or by emailing us at firstname.lastname@example.org.
18. Notice to California Residents.
If you are a California resident, under California law, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding LGN or to receive further information regarding use of LGN.
19. No Support.
We are under no obligation to provide support for LGN. In instances where we may offer support, the support will be subject to published policies.
20. Notice Regarding Apple.
If you are using our mobile application on an Apple device, you acknowledge that this User Agreement is between you and FlowPlay, Inc. only, not with Apple Inc. (“Apple”), and Apple is not responsible for LGN or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to LGN. If LGN fails to conform to any applicable Apple warranty, you may notify Apple. Apple is not responsible for addressing any claims by you or any third party relating to LGN or your access and use of LGN including: (a) product liability claims; (b) any claim that LGN fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that LGN infringes a third party’s intellectual property rights. You agree to comply with any applicable third party terms when accessing or using LGN. Apple and Apple’s subsidiaries are third party beneficiaries of this User Agreement, and upon your acceptance of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this User Agreement against you as a third party beneficiary of this User Agreement. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.