Terms and Conditions

Last updated: November 7, 2018

INTRODUCTION

These Terms of Service (“Terms”) for the Services provided by Loto Labs, (“we”) govern your access and use of the Loto Labs websites, mobile device apps, and any other services we provide (collectively the “Services”). Please read the following information carefully. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy (defined below).

If you are under the age of 21, you may not use the Services under any circumstances. If you represent a legal entity, you certify that you are entitled by such a legal entity to be bound by the Terms as the legal entity you represent.

1. PRIVACY POLICY

Our Privacy Policy is available at https://lotolabs.com/privacy. Our Privacy Policy explains to you how we collect, store, and process information about you. By using the Services, you acknowledge your data is processed in accordance with the Privacy Policy.

2. YOUR ACCOUNT

When using the Services, you are responsible for ensuring the confidentiality of your account, password, and other credentials and for secure access to your device. You may not assign your account to anyone. We are not responsible for unauthorized access to your account that results from misappropriation or theft of your account credentials. We may refuse or cancel service, terminate your account, and remove or edit content at any time.

3. SERVICES AND FEES

We may, at our sole discretion, set and change fees for using the Services. All prices are published separately on relevant pages on the website and mobile device apps. Acceptance of fees does not obligate us to update the mobile device app software or website.

We may use third-party payment systems which may charge fees or commissions. Such commissions may be charged to you when you choose a particular payment system. Detailed information about commissions of such third-party payment systems may be found on their websites, and use of these payment systems is governed by their terms and conditions.

4. PROHIBITED USES

We grant you a limited, non-transferable, non-exclusive, revocable right to access and use the Services in accordance with the Terms. No other licenses or rights are granted to our intellectual property.

You may not use the Services for unlawful or prohibited purposes. You may not use the Site in a way that may disable, damage, or interfere with the Services. You may not scrape the Services or use any method of data gathering on the Services. You may not use the Services for your own commercial purposes. You may not introduce or upload viruses, trojan horses, or any other malware into the Services. You may not attempt to access the Services in an unauthorized manner. You may not decompile, reverse engineer, or attempt to access the source code underyling the Services.

5. OWNERSHIP RIGHTS

The Services are the proprietary intellectual property of us and our licensors, protected by copyright and other intellectual property laws. Except for the rights granted herein, we and our licensors retain all right, title and interest, including all intellectual property rights, in the Services (and any derivative works of or improvements to any of the foregoing created by or for us) and the documentation. Even if the terms “purchase” and “sale” are used, you do not receive ownership rights in the Services and have only those use rights in these Terms. We retain all rights not explicitly granted herein.

You may not re-publish, transmit, modify, reverse engineer, participate in the transfer of, create and sell derivative works of text, code, graphics, logos, images and other content we provide as part of the Services. Your use of the Services does not entitle you to make any illegal or prohibited use of our content. Our content may be used only for your personal and non-commercial use.

By posting, uploading, inputting, providing or submitting your own content you are granting us a worldwide, transferable, non-exclusive, non-fee bearing license to use your content in connection with the operation of our business and Services, including, but not limited to, the rights to transmit, publicly display, modify, distribute, store, copy, reproduce, and translate your content. You also grant us the right to publish your name in connection with your content.

We shall have no obligation to publish any content you may send us and may remove your content from the Services at any time.

By posting, uploading, inputting, providing or submitting your content you warrant and represent that you own all rights to your content.

6. DISCLAIMER OF CERTAIN LIABILITIES

We make no representations or warranties about the availability, accuracy, reliability, suitability, and timeliness of the Services. To the maximum extent allowed by the applicable law, all Services are provided on an “as is” basis. We disclaim all warranties regarding our products and Services, including warranties of merchantability and fitness for a certain purpose.

To the maximum extent permitted by applicable law we, our officers, directors, officers, employees, shareholders, agents and suppliers: (a) shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from the use of the Services or our products, including without limitation, damages from loss of enjoyment, injury, the method of use of the products or Services, any substances used in conjunction with the Services or products , or for any Content, or any damages otherwise arising out of the use of the products and Services, whether online or offline, and whether based on contract, tort, violation of law or regulation, or any other reason; and (b) shall be liable for other damages only up to the amount you paid for our products and services.

If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability may not apply to you.

7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless We, its managers, directors, employees, and agents for any costs, losses, suits, damages, expenses (including reasonable attorneys’ fees), and liabilities regarding or arising out of your use of our products or Services , your violation of the Terms, your violation of any third-party rights, and your violation of applicable law. We may assume the exclusive defense in any such situation, and you must cooperate with We in asserting any available defenses, if requested to do so.

8. TERMINATION AND ACCESS RESTRICTION

We may terminate your account and access to the Services, in whole or in part, at any time, without notice, in case of your suspected or actual violation of the Terms.

9. MISCELLANEOUS

We may change these Terms at any time by posting a new version on our website. We will also notify users of any changes through their accounts, email or by other means. The new version will become effective on the date it is posted, which will be listed at the top of the page as the new Effective Date. If a user disagrees with any changes to these Terms then their only remedy is to cease using the Services.

No joint venture, partnership, employment, or agency relationship shall be implied between you and us as a result of the Terms or use of the Services.

Nothing in the Terms limits our right to comply with governmental, court, police, and law enforcement requests or requirements regarding your use of the Services.

If any part of the Terms are determined to be void or unenforceable in accordance with the applicable law then the void or unenforceable clauses shall be interpreted in order to deem the clauses valid but construed as similar to the original meaning of the clause as possible.

The Terms constitute the entire agreement between you and us regarding the use of the Services, and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and us.

We shall not be liable for a failure or delay to fulfil our obligations where the failure or delay results from any cause beyond our reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of our control.

These Terms shall be governed by the substantive laws of the State of California, disregarding its conflict of laws rules. You shall not use the Services in jurisdictions that do not give effect to all provisions of the Terms.

In case of controversies, demands, claims, disputes, or causes of action between us and you relating to the Services, the Terms, or the products, you agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of San Mateo County, California.

10. Contact Information

We welcome your comments or questions about these Terms. You may contact us in writing at hello@lotolabs.com or via https://lotolabs.com/contact.