END USER LICENSE AGREEMENT
Terms of Service
Apple is not a sponsor or involved with LAN Party, its prizing or the operation in any manner.
No purchase necessary to play.
This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of LAN Party’s services or products. Please note that the Agreement constitutes a legally binding agreement between you and LAN Party Incorporated Limited (referred to herein as "LPI", "us" "we", or "our").
LPI operates the "play money" E-Sports Betting Application ("LAN Party") offered to you on the Internet sites found at www.lanparty.io, (the "Sites"). The terms and conditions governing your play on LAN Party are below.
By entering into this Agreement, you acknowledge that LPI is part of a group of companies. As such, where used and the context allows, the term "Group" means LPI together with its subsidiaries and any holding company of LPI and any subsidiary of such holding company and any associated company with LPI including, but not limited to associated companies providing services under the trademarks "LAN Party".
For the purposes of this Agreement, the definition of "Software" means any and all software that we provide or make available to you, regardless of the medium, and whether it is downloadable by you to your end-user device or not. Therefore "Software" will include the LPI software downloadable to your personal desktop or laptop computer ("PC") from www.lanparty.io and also the LPI's mobile software applications downloadable or made available to you on your end-user device (including, without limitation, a cellular phone, PDA, tablet, or any other type of portable or mobile device now existing or hereafter devised) (each, a "Device") as well as all ancillary software to the Software (whether web-based software or client/server software).
1. GRANT OF LICENSE/INTELLECTUAL PROPERTY
Subject to the terms and conditions contained herein LPI grants the User a limited, non-exclusive, personal, non-transferable, non-sublicensable, revocable right to install and use the Software on your PC or Device, as the case may be, in order to access the LPI servers and play the LAN Party (the "Games") available (the Software and Games together being the "Service").
The Software is licensed to you by LPI for your private personal use. Please note that the Service is not for use by individuals (i) under 17 years of age, (ii) under the legal age of majority in their jurisdiction and (iii) connecting to the Sites from jurisdictions from which it is illegal to do so. LPI is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to ensure that their use of the Service is lawful.
We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.
LPI, its Group companies and its licensors (including any Third Party Providers) are the sole holders of all rights in the Software and the Software's code, structure and organisation, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws:
- Copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
- Sell, assign, sublicense, transfer, distribute or lease the Software;
- Make the Software available to any third party through a computer network or otherwise;
- Export the Software to any country (whether by physical or electronic means); or
- Use the Software in a manner prohibited by applicable laws or regulations,
(each of the above is an "Unauthorised Use").
LPI, its Group companies and its licensors (including any Third Party Providers) reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.
You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify LPI immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide LPI with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
The terms "LPI", "LAN Party” and any other trade marks, service marks, signs, trade names and/or domain names used by LPI on the Sites and/or the Software from time to time (the "Trade Marks"), are the trade marks, service marks, signs, trade names and/or domain names of LPI and/or its Group companies and/or its licensors (including any Third Party Providers), and these entities reserve all rights to such Trade Marks. In addition, all content on the Sites, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to LPI and/or its Group companies and/or its licensors (including any Third Party Providers) and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Sites you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without LPI's prior written consent.
Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by LPI, its Group companies and/or its licensors (including any Third Party Providers) in the Software, the Trade Marks or the Site Content nor will you do anything that damages the image or reputation of LPI, its Group companies, employees, directors, officers and consultants.
LICENSE FOR VIRTUAL CURRENCY
While using the Service, you may "earn", "buy" or "purchase" Coins and Diamonds for use in the Service (the "Virtual Currency"). You hereby acknowledge that these "real world" terms are only used figuratively, and you agree that you have no right or title in Virtual Currency appearing or originating in any Game, whether "earned" in a Game or "purchased" from LPI, or any other attributes associated within an account or stored on the Service. Any "virtual currency" balance shown in your User account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
LPI prohibits and does not recognize any purported transfers of Virtual Currency effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by LPI in writing. Accordingly you may not sublicense, trade, sell, or attempt to sell Virtual Currency for value of any kind outside of a Game. Any such transfer or attempted transfer is prohibited and void and may subject your account to termination by LPI. In addition, you acknowledge that we may commence legal action against you for any harm done by such transfer or attempted transfer of Virtual Currency outside of the Service.
You may purchase a license to use Virtual Currency for valuable consideration, by visiting the purchase page on the Service, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to this Agreement.
When you purchase a license to Virtual Currency, we may send you a confirmatory e-mail that will contain details of the Virtual Currency you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. If you have any concern, please contact customer support. LPI keeps records of transactions in order to deal with any queries.
For the purchase of a license to use Virtual Currency, your order will represent an offer to us to purchase a license for to use such Virtual Currency which will be accepted by us when we make the Virtual Currency available in your account for you to use in our LAN Party (the "Acceptance"). Your license to use Virtual Currency in the LAN Party is a service provided by LPI that commences upon Acceptance by LPI of your purchase. A purchase of a license to use Virtual Currency is non-refundable by LPI.
LPI may revise the pricing for the Service and the Virtual Currency it licenses to you through the Service at any time. You acknowledge that LPI is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Currency when a User account is closed, whether such closure was voluntary or involuntary.
For the avoidance of doubt, it is hereby clarified that the purchase of a license to use Virtual Currency does not entitle you to any rights whatsoever other than those reflected by the license. It is furthermore clarified that a license purchased may only be transferred as explicitly provided for within the terms of the license and that such license may not be redeemed, sold, transferred, bequeathed, leased, rented or otherwise disposed of in return for valuable consideration
2. NO WARRANTIES
LPI disclaims any and all warranties, expressed or implied, in connection with the Service which is provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Sites shall be free from viruses, bugs or other contaminants.
LPI reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so, including (for example) where we receive information that you have entered into any self-exclusion agreement with any gambling provider or where we deem it necessary for the management, maintenance or update of the Software and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by LPI in this regard.
LPI retains authority over the issuing, maintenance, and closing of Users' accounts on the Sites. The decision of LPI's management, with regards to any aspect of a User's account, use of the Service, or dispute resolution, is final and shall not be open to review or appeal. The account created by a User shall hereinafter be known as a LAN Party Account. The User's LAN Party Account will provide access to all the Sites, made available to you under the terms of this Agreement, by LPI, as applicable to your geographical location. Any and all references in this Agreement to the term 'User account' or 'account' means your LAN Party Account.
4. YOUR REPRESENTATIONS AND WARRANTIES
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:
your use of the Service is at your sole option, discretion and risk;
the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of LPI and LPI shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;
you are prohibited from using the Service in any way to create, receive or facilitate the transfer or receipt of any financial gain or other pecuniary advantage to you or any third party (whether or not acting on your behalf). Virtual Currency have no value in and of themselves and are not transferable and exchangeable within a LAN Party Account. Further, such Virtual Currency have no value in themselves and are not redeemable for any 'real' currency or prize. Thus you are prohibited from sublicensing, renting, leasing, selling, trading, gifting, bequeathing or otherwise transferring your LAN Party Account or any Virtual Currency associated with your LAN Party Account to a third person; and
you are aged 18 or over and that you are not currently self-excluded from any online or mobile gambling site and that you will inform us immediately if you enter into a self-exclusion agreement with any gambling provider.
5. PROHIBITED USES
SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.
PERSONAL USE. The Service is intended solely for the User's personal use and entertainment and not for money and must not in any way be used to create any financial gain or other pecuniary advantage to you. The User must provide full and truthful information in respect of all details and information provided by the User to LPI and the User is obligated to update such details in the event of any change thereto.
COLLUSION. Collusion between Users by sharing virtual currencies or by any other methods is strictly forbidden. LPI reserves the right, in addition to other measures, to restrict playing and/or to prohibit Users from playing in a particular match, including restricting two or more Users from playing together within the same match or tournament. In addition, LPI reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly LPI shall have the right to terminate a User's account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.
EXTERNAL PLAYER ASSISTANCE TOOLS. LPI prohibits external player assistance tools ("EPA Tools") that are designed to provide an "unfair advantage" to players. LPI defines "EPA Tools" as computer software (other than the Software), and non-software-based systems (e.g. web sites, subscription services and physical materials). LPI takes a broad view of what constitutes an "unfair advantage" in the context of any use of EPA Tools. For the avoidance of doubt, what is prohibited encompasses but is not limited to accessing or compiling information on other players beyond that which the User has personally observed through the User's own game play or receiving advice, direction or assistance on how to play, in real time, that goes beyond a basic level.
AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software, and without the assistance of any form of artificial intelligence.
You agree that LPI may take steps to detect and prevent the use of prohibited EPA Tools. These steps may include, but are not limited to, examination of software programs running concurrently with the LPI Software on the User's computer. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.
VIRTUAL CURRENCY-DUMPING. Virtual Currency-Dumping occurs when any User intentionally loses a wager in order to deliberately transfer their Virtual Currency to another User. Any User who participates or attempts to participate in Virtual Currency-Dumping with any other User, while using the Service may be permanently banned from using the Service and their LAN Party Account may be terminated immediately. In such circumstances LPI will be under no obligation to return or credit to you any Virtual Currency that may be in your LAN Party Account at such time.
FRAUDULENT BEHAVIOR. In the event that LPI deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, including without limitation, engaging in any of the activities set forth in this Clause 5 or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, LPI shall be entitled to take such action as it sees fit, including, but not limited to:
- Immediately blocking a User's access to the Service;
- Terminating a User's account with LPI;
- Seizing all Virtual Currency within a User's account; and/or
- Taking legal action against a User.
6. OFFENSIVE LANGUAGE OR CONTENT
The User is prohibited from posting any unlawful, indecent, racist, obscene, libellous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Service whether using the chat function, the player images option or in correspondence with LPI staff.
Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, LPI or any other company within the Group which provides services to the User reserves the right, to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User, immediately blocking the User's access to the Service or to any other service offered by the Group, terminating such User's account on the Sites or on any other sites operated by the Group, seizing all Virtual Currency held in the User's account on the Sites or on any other site operated by the Group and/or taking legal action against such User.
You agree to fully indemnify, defend and hold harmless LPI, its Group companies and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
- Your breach of this Agreement, in whole or in part;
- Violation by you of any law or any third party rights; and
- Use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below), whether or not with your authorization.
8. LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall LPI or any other member of the Group be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if LPI had prior knowledge of the possibility of such damages.
Nothing in this Agreement shall exclude or limit LPI's or the Group's liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.
9. SECURITY AND YOUR ACCOUNT
Each LAN Party Account shall be accessible through the use of a combination of a unique LAN Party username ("LAN Party Username"), a unique and secret password ("Password"), and other optional numeric authentication methods that the User may select (the LAN Party Username, Password and any other authentication features together being referred to as the "Login Credentials"). The User is obligated to choose his/her own LAN Party ID and Password in accordance with the rules relating thereto.
The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever nor permit another person to use the Service via his/her LAN Party Account.
The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.
A User may only have one LAN Party Account with LPI and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with LPI. In the event that LPI becomes aware of additional accounts opened by a User, LPI may close such additional accounts without notice and may confiscate Virtual Currency held in such additional accounts.
You will not be able to place any wagers (with Virtual Currency) using the Service in an amount greater than the total amount of Virtual Currency in your LAN Party Account.
You are fully responsible for paying all monies owed to LPI. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse LPI for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.
LPI reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service.
If value added tax (VAT), goods and services tax (GST), QST, HST or any other service tax applies, hereinafter described as "Sales Tax", we treat our revenue as being inclusive of all Sales Tax. We account for and pay this tax, where applicable, on behalf of our customers so there is no further action required by you in this regard.
10. THIRD PARTY SOFTWARE
The Software contains, as a component, third party software.
The User's use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement.
The Licensed Software may not be altered, modified or extracted from the Software.
The User's use is limited to "Internal Use" meaning use of the Licensed Software only in the course of the User's customary and ordinary internal business or personal use and not for further resale, sublicensing or distribution. "Customary and ordinary internal business use" shall mean, for an End User that is an entity, use by such User, or its employees or authorized agents for the User's customary and ordinary internal business. "Customary and ordinary personal use" shall mean, for an End User that is an individual, use by such User or a member of such User's household for internal personal purposes. All such employees, agents, and household members shall be notified by the User as to the terms and conditions of this Agreement.
All rights not expressly granted in the Licensed Software are reserved.
All Third Party Software is provided by the develop “as is” and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall any of the Third Party contributors be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the user.
The User accepts that the historical data of each PM Game shall be as recorded on the LPI servers. In the event of a discrepancy between the wagers displayed on your computer or Device and the game records on the LPI server the latter shall prevail. The User accepts that the “Historical Recording ”features of the Software shall not be considered as the official historical record of any hand.
LPI may update or modify the terms of this Agreement or any part thereof from time to time. We will notify you of any material changes to be introduced to this Agreement on the Sites or via other means before such changes come into effect, and you will be required to expressly accept such changes in order to continue using the Service and the changes will apply immediately following your express acceptance. We encourage you to visit the Sites regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Sites shall be deemed to attest to your agreement to any amendments to the Agreement.
13. GOVERNING LAW
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the State of New York. You irrevocably agree that, subject as provided below, the courts of the State of New York and shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that you may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of LPI to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. This choice of law provision is without prejudice to the rights that may be granted to you as a consumer under mandatory provisions of European Union Law or of the law that would be applicable to you in the absence of such choice of law provision.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
LPI reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
No waiver by LPI of any breach of any provision of this Agreement (including the failure of LPI to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement other than with respect to any company within the Group.
Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.
The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
Copyright © 2019 LAN Party Incorporated.
Version No. 1.2 of the LPI End User License Agreement.
In force from August, 2019.