Terms of Service

Effective August 4, 2020

These Terms of Use (“Terms”) govern your access or use of the applications, websites, content, products, and services (the “Services,” as more fully defined below) made available to you by BotLucky.com and parent companies, subsidiaries, representatives, affiliates, managers, members, subcontractors, employees, officers, and directors (collectively referred to as “BotLucky”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BOTLUCKY. In these Terms, the words "including" and "include" mean "including, but not limited to."

By accessing or using the Services, you confirm your agreement ("Agreement") to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior Agreements or arrangements with you. BotLucky may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

BotLucky may amend the Terms from time to time. Amendments will be effective upon BotLucky's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If BotLucky changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing BotLucky written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided by mail or hand delivery to our registered agent for service of process, c/o BotLucky. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

You agree to not use the Service to submit or link to any Content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. You are entirely responsible for the content of, and any harm resulting from, that Content or your conduct.

BotLucky may remove or modify any Content submitted at any time, with or without cause, with or without notice. Requests for Content to be removed or modified will be undertaken only at our discretion. BotLucky may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice.

By providing Content to the Service, you grant to BotLucky a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and BotLucky's (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.

WHO MAY USE THE SERVICE

You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

PERMISSIONS AND RESTRICTIONS

The following restrictions apply to your use of the Service. You are not allowed to: (i) access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from BotLucky and, if applicable, the respective rights holders; (ii) circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content; (iii) access the Service using any automated means (such as robots, botnets or scrapers) except with BotLucky’s prior written permission; (iv) collect or harvest any information that might identify a person (for example, usernames), unless permitted by that person or allowed under section (3) above; (v) use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations; (vi) misuse any reporting, flagging, or complaint, process, including by making groundless, vexatious, or frivolous submissions; or (vii) run contests on or through the Service without BotLucky's prior written permission;

THE SERVICES

The Services comprise computer and mobile applications and related services (each, an "Application"), which enable users to utilize or enhance certain features of existing software in the electronic gaming space. Unless otherwise agreed by BotLucky in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

Subject to your compliance with these Terms, BotLucky grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by BotLucky and BotLucky's licensors.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by BotLucky; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

The Services may be made available or accessed in connection with third party services, content, or software that BotLucky does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. BotLucky does not endorse such third party services and content and in no event shall BotLucky be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

The Services and all rights therein are and shall remain BotLucky's property or the property of BotLucky's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner BotLucky's company names, logos, product and service names, trademarks or services marks or those of BotLucky's licensors.

ACCESS AND USE OF SERVICES

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). Account registration requires you to submit to BotLucky certain personal information. You agree to maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by BotLucky in writing, you may only possess one Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. BotLucky does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

PAYMENTS

You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). BotLucky will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees or processing fees.

All Charges and payments will be enabled by BotLucky using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that BotLucky may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by BotLucky.

As between you and BotLucky, BotLucky reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in BotLucky's sole discretion. BotLucky may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

SUBSCRIPTIONS

Your subscription to BotLucky will automatically renew every month (the "Subscription Period"). You will be billed in advance for each Subscription Period, and your subscription will continue to renew automatically unless you cancel your subscription as provided for in this Policy.

By subscribing to our Services, you authorize BotLucky to charge you on a recurring basis for the duration of your subscription. Your subscription will automatically renew until you cancel it. You may cancel your subscription at any time by accessing your Account here (https://botlucky.com/community/account/upgrades) and following the cancellation instructions. If you cancel your subscription, you will not receive a refund for any unused portion of your subscription. If you are unable to access your account, please contact [email protected] with your email address, last 4 digits of your card, and proof of purchase.

BotLucky reserves the right to modify, update or revise this Subscription Policy at any time, and such changes will be effective immediately upon posting on our website. Your continued use of our Services after such changes have been posted constitutes your acceptance of the new Subscription Policy.

DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." BOTLUCKY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BOTLUCKY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BOTLUCKY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

BOTLUCKY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE INTENTIONAL CONDUCT OR NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF BOTLUCKY, EVEN IF BOTLUCKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BOTLUCKY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF BOTLUCKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOTLUCKY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BOTLUCKY'S REASONABLE CONTROL.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BOTLUCKY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON BOTLUCKY’S CHOICE OF LAW PROVISION SET FORTH BELOW.

You agree to indemnify and hold BotLucky and its affiliates and their officers, directors, managers, members, employees, subcontractors, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Application(s) and/or Services; (ii) your breach or violation of any of these Terms; (iii) BotLucky's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers and makers, developers, or distributors of certain gaming software that you utilize in conjunction with BotLucky’s Services.

OTHER PROVISIONS

Except to the extent applicable law provides otherwise, this Agreement between you and BotLucky and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and BotLucky agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.

BotLucky may give notice by means of a general notice on the Services, electronic mail to your email address in your Account or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to BotLucky, with such notice deemed given when received by BotLucky, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o BotLucky. The name and current contact information for the registered agent in each state are available online.

You may not assign these Terms without BotLucky's prior written approval. BotLucky may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of BotLucky's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, BotLucky or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. BotLucky's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BotLucky in writing.