LAKE CITY CONSULTING ONLINE TERMS OF USE

The terms of this agreement (“Terms of Use” or “Terms”) govern the relationship between you and LAKE City Consulting LLC (hereinafter “(“LCC”, “we” or “us”) regarding your use of LCC’s social games and related services, which include applications for mobile devices and LCC branded websites (the “Service”).

LCC Inc. owns and operates applications (the “Application” ) which may be accessed by you through your social networking Site (“SNS”) account, subject to the following Terms of Use. Use of the Application by a user (“you”), whether you participate in the community or are just installing the Application, is subject at all times to these terms of use as well as any other agreements, notices, policies, disclaimers or restrictions posted on the Application (collectively, the Terms of Use”). Use of any LCC’s Application, games, activities and other services accessed through any of the Application, regardless of when they are added, are governed by these Terms of Use. Please read these Terms of Use carefully. By clicking on the icon “I agree”, below, or using any of LCC’s Product including but not limited to the Application, you agree to these Terms of Use and consent to be bound by them. Users who are between thirteen (13) years of age and the age of majority shall seek parental consent to review and agree to these terms.  If you do not agree, stop using the Application(s) immediately.

LCC may update or revise these Terms of Use at any time. If we revise the Terms of Use, unless otherwise mentioned, such revision shall be effective fifteen (15) days after posting the new Terms of Use on the Application. Please check this page (as well as the rules and instructions in your favorite game areas) periodically for updates and new information. You agree to review the Terms of Use periodically to become aware of such revisions. You can view the Terms of Use at any time by clicking on the Terms of Use link on the home page of the Application. Your continued use after a revised Terms of Use is posted on the Application will mean that you accept all such revisions as at the date they become effective. If you don’t agree to the changes, or to any of the terms in this Terms of Use, your only remedy is not to use the Application and to cancel any services you have signed up for.

1. USER RESPONSIBILITY.

If you violate these Terms of Use, we may issue you a warning about the violation, or we may choose to immediately terminate your right to use any of the Application any and all accounts that you have established. You acknowledge that LCC is not required to provide you notice before termination, but it may choose to do so at its sole discretion.

The use of the Application is intended solely for users who are thirteen (13) years of age or older. If you register as a member , you agree to (a) provide accurate, current and complete information about you as requested (“Registration Data”) and promptly update the Registration Data to ensure it remains accurate, current and complete; (b) maintain the security of your password and identification and be fully responsible for all uses of your password and identification.

2. THIRD-PARTY APPLICATION AND VENDORS.

LCC may provide links to other web application or websites operated by third parties. We may also provide access to or through third-party vendors, who provide billing services on the Application. Any charges or obligations you incur in your dealings with these third parties are entirely your responsibility.

Please exercise discretion while browsing the Internet. Our Application may contain hyperlinks to other web sites that are not operated by LCC., If you click on a link to a third party site, including on an advertisement, an Ad company, or other service provider, you will leave the LCC site you are visiting and go to the site you selected.  These linked sites are not necessarily under the control of LCC. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Furthermore, you acknowledge and confirm that you are responsible for viewing and abiding by the terms of use and privacy policies posted at these third party linked sites LCC does not control these web sites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such web sites or as implying any particular association between LCC and their operators. Such hyperlinks, where provided by LCC, are for your convenience only.

3. ONLINE CONTENT.

By “Content,” we mean the software, communications, images, sounds, and all the material and information you see on the Application or download on our web sites. LCC, our affiliates, and independent content providers provide most of the Content on the Application.

LCC may or may not pre-screen Content, and does not offer any representation, warranty, guarantee or conditions with respect to any Content or its use. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Application.

Any posting or uploading of Content created by you is subject to these Terms of Use. You may not register as a member on behalf of another person without this person’s express authorization.

When you post Content to the Application, you authorize LCC to make such copies thereof as LCC deems necessary in order to post the Content or on the Application, to store it and to make it available to others on the Application, and to manage your participation in any service, competition or contest for which you registered.

By posting or uploading Content to the Application, you grant to LCC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Application or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

You understand that the Application is not meant to serve as backup or archival storage of Content and you may not be able to retrieve such content once it has been posted.

SERVICES OR CONTEST.

Any purchase of products or services from LCC or its service providers (including the participation in any contest or competition or the downloading of Content) is subject to the specific terms of use, terms of sale or contest rules applicable to this purchase or participation. Any overdue payment to LCC will bear interest at the rate of twelve percent (12%) per annum.

You also acknowledge that the time that you spend on the Application is solely for entertainment purposes and that no value can be attributed to such time. In particular (but without limitation), you understand that no value can be attributed to the time that you may spend accumulating digital objects (such as virtual credits, virtual shows, virtual coins, virtual currency, points, tokens and other in-game objects) or developing Content.

While using our Application, you will have the opportunity to purchase virtual game sessions, shows and / or coins for use in the games. You may also be awarded virtual game sessions, shows and / or coins for use in the games YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR OTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD OR OTHER PAYMENT ACCOUNTS FOR A CERTAIN AMOUNT OR ONCE FACEBOOK CREDITS ARE DEDUCTED FROM YOUR ACCOUNT, SUCH AMOUNT OR FACEBOOK CREDITS USED SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT AND/OR THE DISCONTINUATION OF THE SERVICE. You may also be awarded virtual credits for use in the games. These virtual credits have no “real world” value, but may be exchanged by you for designated virtual items in our in-game online store. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL SHOWS, COINS OR GAME SESSIONS,  YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE VIRTUAL SHOWS, COINS OR CREDITS. We have no liability for “hacking” or loss of your Virtual items from your Account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any virtual credit or item or any experience lost due to your violations of this and any other Company rules, policies, notices and/or agreements. Price and availability of the virtual items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the virtual items or credits, or any other content or information included in the Application, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction Application (e.g., eBay, IGE) or in return for anything of value (including “real” money) or otherwise.

LCC does not recognize the transfer of member accounts. You may not purchase, sell, gift or trade any accounts, or offer to purchase, sell, gift or trade any accounts, and any such attempt shall be null and void. LCC owns, has licensed, or otherwise has rights to all of the content that appears in the Application. You agree that you have no right or title in or to any attributes associated with the Account or stored on the Application.

LCC IS UNDER NO OBLIGATION TO CONTINUE HOSTING THE APPLICATION AND YOU DO NOT HAVE ANY ONGOING RIGHTS.

4. INAPPROPRIATE CONTENT.

Content standards may vary depending on the web sites that you are on, the type of application you are playing and the expectations of the community. Always use your best judgment when engaging in online conduct. If you would not say something in a room full of people you have never met, or in the workplace, don’t post it on our message boards or chat and do not include it in any Content. Crude or explicit sexual references, discussions of illegal drugs, strong vulgar language and hate speech are always inappropriate Content for any of the Applications.

LCC representatives may monitor your communications on SNS where the Application is available, but we cannot monitor all of the Content on the SNS. LCC does not endorse, approve, or prescreen any Content that you or other users communicate. To the maximum extent permitted by applicable law, LCC does not assume any responsibility or liability for Content that is generated by Application users, Members, Performers, or guests on the Application. We reserve the right to remove Content that is objectionable to us for any reason. This determination is at our sole discretion, and is final. LCC does not assume any liability for any failure to remove, or any delay in removing Content.

If we have removed Content that you posted, we may send you a warning. If it is a serious offense or if you have violated our rules before, we may ban you from further participation on the Application.

5. ONLINE CONDUCT.

Online conduct is subject to all applicable laws and should also be guided by common sense and basic etiquette. Ignorance of the law is no excuse. We may terminate your use of the Application and cooperate with law enforcement in the event of illegal behavior.

You agree that you will be personally responsible for your use of the Application and for all of your communication and activities, including any Content you may contribute, and that you will indemnify and hold harmless LCC, its affiliates, employees, officers, directors, mandataries and agents from any liability or damages arising from your conduct on the Application, including any Content that you may contribute.

Without limiting the generality of the foregoing, you will violate the Terms of Service if you do any of the following:

  • Post, transmit, promote or distribute any Content that is of an illegal nature;
  • Harass, threaten, embarrass or do anything else that is abusive, libelous, defamatory, obscene or improper. Therefore, do not say offensive things about other persons, don’t keep sending them unwanted messages, don’t attack their race, sexual orientation, religion, heritage, etc.;
  • Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable;
  • Impersonate another person (including celebrities), indicate that you are a LCC employee or a representative of LCC, or attempt to mislead users by indicating that you represent LCC or any of LCC’s partners or affiliates;
  • Attempt to get a password, other account information, or other private information from any other user on the Application or any related web sites. LCC’s policy is that employees will NEVER ask for your password. Do not give your password, reminder words, or billing information out to anyone;
  • Promote or encourage any illegal activity including phishing, uploading malicious or viral code, hacking, cracking or distribution of counterfeit software;
  • Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our service;
  • Improperly use in-game support or complaint buttons or make false reports to LCC staff members;
  • Modify any part of any Application that LCC does not specifically authorize you to modify;
  • Fail to obey all applicable laws, regulations and rules wherever you use the Application. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, provincial, state, local and foreign laws where applicable;
  • Attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Application;
  • Exploit any bug in any Application or in any LCC product to gain unfair advantage in the game and/or communicate the existence of any such bug (either directly or through the public posting) to any other person;
  • Attempt to play a LCC game on or through any service that is not controlled or authorized by LCC, or participate in any online service that provides online features or game play for your LCC game that is not authorized by LCC;
  • Do anything that interferes with the ability of other users to enjoy playing a LCC game and using any Application in accordance with its rules or that materially increases the expense or difficulty of LCC in maintaining the Application and games for the enjoyment of all its users;

You further agree that these Terms of Use will apply to anyone that you allow to use your service account or user ID, and that you are personally responsible for the consequences (including termination of your account) that may result if any such person breaks these Terms of Use.

Public Nature of Communications.

You acknowledge and agree that your communications with other users by any avenue of communication on the Application or games are public and not private communications, and that you have no expectation of privacy even if you have identified or marked information as private. You acknowledge that personal information may be seen and used by others and result in unsolicited communications; therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on the Application or games. LCC is not responsible for information that you choose to communicate to other users, or for the actions of other users.

Commercial Activity and Unsolicited E-mail.

You may not advertise any goods or services on an Application or game. Chain letters, SPAM and pyramid schemes are not allowed. You may not use the Application to collect information, including login names, about the Application or game users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the Application, or any games or services offered on the Application for any commercial purpose. Any violation of these provisions can subject your use of the Application to immediate termination and further legal action.

Use of Machines, Computers, Scripts.

The use of machines, computers, scripts or any automated system on the Application is strictly prohibited and may result in criminal liability.

Termination.

LCC may terminate and permanently disqualify anyone who, in its sole discretion, determines as being in violation of these Terms of Use.  All decisions by LCC are final.

Reporting.

If you encounter another user who is violating any of the rules of conduct described above, please report them by email at: info@lakecityconsulting.com

6. REPRESENTATIONS, WARRANTIES AND COVENANTS.

You hereby represent, warrant and covenant to LCC that:

  • You are the age of majority where you reside. If you are between the age of 13 years of age and the age of majority where you reside you have obtained parental or guardian consent;
  • You will comply at all times with all applicable federal, provincial and local laws, rules and regulations and these Terms of Use in your use of the Application;
  • You will not use the Application for any purpose which is improper, unlawful, abusive, harassing, libelous, defamatory, obscene or threatening, or in any unlawful manner or in any other manner that could disable, impair, overburden or damage the Application or which violates the Terms of Use;
  • Any transmission of data from your computer equipment or system will be free from (i) intentionally injurious instructions (e.g. “viruses”) that are designed to modify, damage, delete or disable the Application or any Application thereon; (ii) any hidden passwords that permit unauthorized access to the data or the Application, or (iii) any embedded code that could trigger, shut down or disable the Application;
  • You will not post Content including any personal information, including a picture of someone else on the Application without their express authorization;
  • All information you post or communicate about yourself is true and accurate;
  • You have or have obtained all necessary assignments, licenses, releases and consents to grant the rights set forth herein and to comply with all the provisions of the Terms of Use and you hold all intellectual property rights in any song, image, video or other Content that you post or upload on the Application; and
  • By posting any Content or creating a profile on the Application, you warrant and covenant that: (i) your information is true and accurate and you are the sole person responsible for Content on your profile; and (ii) you are at least 18 years of age;
  • You will not extract, decompile or otherwise export any data or file from the Application

7. PROPRIETARY RIGHTS; COPYRIGHTS AND TRADEMARKS.

Intellectual Property Rights.

All content on the Application including without limitation all software (the “LCC Software”) style guide, design, text, photographs, illustrations, games, audio clips, video clips, tools, artwork and other graphic material and all names, logos, trademarks and service marks is the property of LCC or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from the Application unless we have expressly authorized you to do so.

LCC hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Content (excluding the LCC Software) for non-commercial and personal use only provided that you maintain all copyright and other notices contained in such Content.

You shall not copy, produce, reproduce, publish, display, translate, adapt, broadcast, communicate to the public by telecommunication, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on the Application or games, unless LCC expressly authorizes you to do so in writing. Use of the Content is only permitted with the express written permission of LCC and/or its licensor and breach of this provision can lead to the termination of your access to the Application and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In such case, you agree to indemnify and hold harmless LCC and its subsidiaries, affiliates, related companies, employees, officers, directors, mandataries and agents.

LCC respects the intellectual property rights of others. You may not upload or post on the Application any Content protected by copyright, trademark or other intellectual property rights (the “Intellectual Property Rights”) unless (i) you are the owner of the Intellectual Property Rights; or (ii) you have the prior written consent of the owner(s) of the Intellectual Property Rights to make such use of the applicable Content.  LCC may, without prior notice to you, remove from any Content that LCC in its sole judgment believes may infringe the Intellectual Property Rights of a third party.  If you are a repeat infringer of a third party’s Intellectual Property Rights, LCC may immediately terminate your access to the Application without prior notice to you.  No refund will be granted, and you will lose access to everything associated with your account (including any shows, coins, game sessions, and any other virtual items).

If you are a copyright owner and you believe that any Content posted on the Application infringes your rights, you may submit a written notification to us at our mailing address.

Marks.

LCC and all LCC logos, as well as other related trademarks and other marks which may appear on the Application (“Marks”), are the service marks and trademarks of LCC and/or its affiliates. All other trademarks, trade names, service marks and logos used on this Application, with or without attribution, are the trademarks, trade names, service marks or logos of their respective owners.

LCC Software.

Subject to the additional rules of any service, game or contest you subscribe to or participate in LCC grants to you a non-exclusive, limited license to use LCC Software to play games on your computer and on our Application. To the extent permitted under applicable law, you may not sub-license, or charge others to use or access LCC Software. To the extent permitted under applicable law, you may not use LCC Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from LCC Software. You may not modify LCC Software or use it in any way not expressly authorized in writing by LCC. You understand that LCC’s introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by LCC may vary or not function at all depending on your computer and other equipment.

Patches.

From time to time, LCC may provide you with updates or modifications to the Software (“Patches”).  You understand that in order to continue using the LCC Software and the Application, you must accept and install all Patches that you receive from LCC.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER LCC NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE CONTENT OR THE LCC SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.

8. EXPORT CONTROL LAWS.

LCC Software and Content may be subject to Canadian export controls, and export controls of other jurisdictions. By downloading LCC Software or Content from LCC, you warrant that you are not located in any country, or exporting LCC Online Software or Content to any person or place, to which California or any other jurisdiction has embargoed goods.

You further agree to abide by Canadian and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or LCC Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any required Application government authorization. You further agree not to upload to any Application any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.

9. USER’S INFORMATION.

When you connect to an Application, we may retrieve information from the computer used to log onto the Service about the computer’s hardware system and any data related to the computer’s operation of LCC Software. You may also provide us with personal information concerning you. LCC’s practices in relation to the collection, use and disclosure of personal information are set out in our Privacy Policy.

LIMITATIONS ON WARRANTY AND LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATION, LCC SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE APPLICATION, LCC SOFTWARE, LCC’S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. LCC PROVIDES THE APPLICATION ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATION AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT LCC WILL HAVE ADEQUATE CAPACITY FOR USE OF THE APPLICATION AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LCC OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT). YOU ACKNOWLEDGE AND AGREE THAT LCC, ITS SUBSIDIARIES, LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE APPLICATION OR USE OF LCC SOFTWARE. IN NO CASE SHALL LCC OR ITS SUBSIDIARIES, LICENSORS, LICENSEES, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “LCC AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO LCC FOR THE USE OF THE APPLICATION OR LCC SOFTWARE. IN NO CASE SHALL LCC OR LCC AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, LCC SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH LCC APPLICATION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, LCC’S AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. LCC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE APPLICATION AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

10. INDEMNIFICATION.

Upon request by LCC, you agree to defend, indemnify and hold harmless LCC and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, mandataries, agents and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any Content on the Application or games. LCC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in which case you shall have no further obligation to provide indemnification to LCC in that matter. This Section shall survive termination of this Agreement.

11. PRIVACY.

By agreeing to these Terms of Use, you acknowledge that you have read the terms of the Privacy Policy and consent to the collection, use and disclosure of your personal information in accordance with these terms.