Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICE. BY USING OUR SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERM, PLEASE DO NOT USE OUR SERVICE.
1. AN OVERVIEW OF THESE TERMS
1.1 Ioconic Ltd and its affiliates ("us" or "we") are the provider of the products, content and services offered by us through www.playlolsurprise.com and through any other interactive features, services and communications provided by us ("our Services").
1.2 These terms tell you the rules that apply to your use of our Services and form the agreement between us for your use of them.
1.3 If you choose to use our Services, you agree to comply with these terms. We recommend you print a copy of these terms for your records.
2. WHO WE ARE AND HOW TO CONTACT US
2.1 We are registered in England and Wales under company number 13382226 and our registered office is at 45c Belsize Park, London, England, NW3 4EE.
2.2 If you need to get in touch with us, please contact us at [email protected]
3. THERE ARE OTHER TERMS THAT APPLY TO YOU
4. YOUR ACCOUNT
4.1 You need an account with us to use many of our Services, including to play online.
4.2 To create an account with us, you must have a valid email address and you need to provide us with truthful and accurate information when creating the account.
4.3 If you are younger than 18 years old, then you and your parent or guardian must review and agree to these terms together.
4.4 Your user identification code, password and any other piece of information ("security information") that you chose or are given when signing up for our Service is confidential. You must keep your security information safe and secure. We will not be responsible to you for any unauthorised use of your account.
4.5 We may disable your security information, at any time, if we believe you have breached these terms.
4.6 If you know or suspect that anyone other than you knows your security information, you must tell us at [email protected] as soon as possible.
5. LICENCE AND INTELLECTUAL PROPERTY
5.1 We are the owner or the licensee of all intellectual property rights in our Services, and in the content published in them. Our Services are protected by copyright laws around the world. All such rights are reserved. Our Services are licensed to you and are not sold.
5.2 We give you a non-exclusive licence to use our Services for your personal use only. You may not use our Services for business purposes and you may not allow anyone else to use our Services. You may only use our Services if you meet these terms.
5.3 You are responsible for any content your create when using our Services ("Content"). We are not responsible for your Content. You must not upload any Content that infringes someone else's intellectual property rights (including copyright) or right of privacy. You are also not allowed to upload content that is illegal or breaches these terms.
5.4 We may remove, edit, or disable your Content for any reason.
5.5 All communications and other materials (including Content) that are uploaded to our Services or sent to us by you (by email or otherwise) is non-confidential ("Feedback"). If you upload or send us Feedback, you agree that we may use the Feedback freely for any reason, including improving our Services and business. You must not submit Feedback to us that contains false or misleading information.
6. VIRTUAL MONEY
6.1 You may purchase virtual tokens using either real world money or via code redemption ("Virtual Money"). You may use your Virtual Money only to purchase in-game features that are made available for purchase via our Services.
6.2 Virtual Money does not have real world monetary value. Virtual Money is non-refundable and you are not entitled to a refund for any unused Virtual Money. You cannot use Virtual Money to buy anything outside of our Services or transfer Virtual Money to any other person.
7. DIGITAL ASSETS
7.1 Digital Assets. Through www.playlolsurprise.com may be permitted to create, virtually simulate, acquire, share, transmit, or sell certain (i) non-fungible tokens (“NFTs”) or other similar token standards available now or in the future (collectively “Token Assets”), or (ii) digital tokens, coins, or other virtual currency (“Coins”, and together with Token Assets, “Digital Assets”) , each as facilitated by technology developed by Forte Labs, Inc. (“Forte”), and licensed to us. For the avoidance of doubt, Forte does not exert any control over you or the Service. You may be permitted to purchase such Digital Assets from us, Provenance Technologies, Inc. (“PTI”), or other users via the Service.
7.5 License and Use Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not:
- (a) Profit from, otherwise commercialize, or license the Digital Asset, including in connection with the marketing, advertising, or selling of any third-party product, except as part of a sale of such Digital Asset;
- (b) Modify the NFT in any way except with permission from the owner of the NFT IP;
- (c) Use the Digital Asset in any manner that infringes upon the intellectual property rights of any third party;
- (d) Use or exploit the Digital Asset in a manner that is considered gambling in the jurisdiction in which you use or exploit the Digital Asset;
- (e) Use the Digital Asset in connection with or to promote any illegal activity, hate speech, violence, inappropriate or obscene content, or in any other manner that could tarnish or harm the reputation of the Company or Forte;
- (f) Commit any of the foregoing actions with respect to the NFT IP;
- (g) Use the NFT IP except as incorporated in the NFT; or
- (h) Encourage or permit any third party to do any of the foregoing.
7.9 Security. You are solely responsible for creating a strong password and maintaining adequate security and control of any and all private keys, IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Service, your digital wallets, or any Digital Assets. Any loss or compromise of the foregoing information or your personal information may result in unauthorized access to your account by third-parties and the loss or theft of any Digital Assets stored in your digital wallets, including your linked bank account(s) and credit card(s). The Company and the Service Providers assume and have no responsibility for any losses that you may sustain or actions that may occur due to compromise of your private keys or login credentials.
7.10 Forte Platform. The Company and the Service relies upon the Forte-provided platform to enable all blockchain and Digital Asset functionality. You agree that, if the Company’s relationship with or access to the Forte platform terminates for any reason, neither Forte nor PTI have any responsibility for any losses or liabilities that may occur, directly or indirectly, as a result of such termination (including impacts on the valuation or liquidity of your Digital Assets).
7.11 Valuation of Digital Assets and Assumption of Risk. The prices and value of Digital Assets are volatile and subjective. Digital Assets and similar assets have no inherent or intrinsic value. The Company and Forte do not and cannot guarantee that any Digital Assets purchased or acquired by you will retain their original value or have any particular value. You agree to assume all risk associated with the use and value of the Digital Assets. You also acknowledge and agree that we may engage in actions that may impact the perceived value or acquired price of Digital Assets at any time, except as prohibited by applicable law.
7.12 Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to the Digital Assets and any transactions you conduct through the Service, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities
7.14 DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR THE SERVICE PROVIDERS MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, COMPLETENESS, APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE COMPANY WILL NOT BE SUBJECT TO LIABILITY FOR (A) THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE, (B) ERRORS, MISTAKES OR OMISSIONS THEREIN, OR (C) ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION ON THE SERVICE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL INFORMATION YOU PROVIDE TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT YOU CREATE OR SHARE, OR BOTH).
7.15 NO ERROR FREE WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR THE SERVICE PROVIDERS WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NEITHER THE COMPANY NOR THE SERVICE PROVIDERS WILL BE RESPONSIBLE FOR THOSE COSTS.
7.16 "AS IS" SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE COMPANY DISCLAIMS ALL WARRANTIES THERETO, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
7.17 NO CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ANY SERVICE PROVIDER BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.19 RELEASE OF CLAIMS. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER AUTHORIZED USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE COMPANY, FORTE, AND THE OTHER SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
8. USING OUR SERVICES
8.1 You may use our Services for your own personal use and not for any business or commercial uses.
8.2 You must not:
(a) alter, sell, publish, copy or tamper with our Services or any of its contents;
(b) alter, obscure or remove any copyright, trade mark or other notice in our Services;
(c) try to gain unauthorised access to our Services, content or server, computer or database connected to our Services;
(d) use any unauthorised software to modify or automate operation within our Services;
(e) use our Services in any way that: (i) promotes any other products, services or brands; (ii) interferes with anyone else's use of our Services or privacy; (iii) harms our reputation; or (iv) infringes our intellectual property rights;
(f) download our Services to a database for any reason;
(g) use our Services for the benefit of anyone else or give anyone else access to our Services;
(h) use our Services in any way that is (or upload any Content that is) abusive, illegal, fraudulent, indecent, obscene, offensive or threatening, or otherwise reasonably objectionable; or
(i) engage or assist in cheating or other anticompetitive behaviour.
9. MONITORING YOUR USE
9.1 To enforce these terms, we may monitor your use of our Services. We may also remove your Content from our Services at any time.
9.2 We may take action against you if you (or someone else who uses your account) breaches these terms and fails to remedy the breach, after we have given you with a warning of it. Action we may take in these circumstances includes suspending and/or cancelling your account or use of our Services (see Duration, Suspension and Cancellation below).
9.3 If you (or someone else who uses your account) seriously breaches these terms, then we may take this action without issuing you with a warning. A serious breach of these terms includes, for example, acting fraudulently, cheating, avoiding our security or infringing our intellectual property rights.
9.4 We will not be responsible to you if we take any action against you, regardless of whether or not we have given you a warning of it.
10. USING YOUR DATA
10.1 When you use our Services, we may collect and store data about you and your device, such as your IP address and device ID, information about how you use Services, gameplay and similar statistics.
10.2 We use this data to operate our business, to provide and improve our Services and to communicate with you (including for marketing purposes).
11. AVAILABILITY OF OUR SERVICES AND UPDATES
11.1 We do not promise that our Services will be available at all times and in all locations, nor that our Services can be used on all devices or through all internet or connection providers.
11.2 Our Services are designed to be used worldwide, except within Belgium, and so we can't guarantee that they will be available or suitable for use in Belgium.
11.3 We may change or update our Services or any of its features from time to time. Our Services may be unavailable while we do this, and we will try to give you advance notice of any change or update.
12. DURATION, SUSPENSION AND CANCELLATION
12.1 These terms will start to apply when you first use our Services, and will continue to apply until the Services are cancelled by you or us in accordance with these terms.
12.2 We may suspend or cancel your account and/or your use of our Services, if we decide you have breached these terms. We will notify you if we suspend or cancel your account and/or your use of our Services, and we will do this in advance where practical for us to do so.
12.3 We may also cancel the whole or a part of our Services at any time by giving you at least thirty days' notice. We will give you this notice by email communication (where possible) or by posting it on our service update page in our Services.
12.4 You may cancel your account and/or stop using our Services at any time.
12.5 If you or we cancel your account, then:
(a) you may lose your security information, Content and Feedback; and
(b) you will not be entitled to a refund of any Virtual Money in your account.
12.6 Terms 6.2, 9, 10, 12.5, 13 and 17 will continue to apply after your account has been cancelled.
13. OUR LIABILITY
13.1 Although we will use reasonable care and skill to provide our Services and its contents to you, we can't guarantee that they will be:
(b) accurate or error free; or
(c) secure or free from viruses or other harmful code.
13.2 If we do not use reasonable care and skill to provide our Services to you, we will either fix any issue that arises in our Services or pay you compensation. We can choose which one of these will do and this will be your only remedy.
13.3 We will not be liable for damage caused to you as a result of you using, or being unable to use, our Services and/or its contents. However, we don't exclude any responsibility or liability we have to you where it would be unlawful to do so.
14. CHANGES TO THESE TERMS
We may change these terms from time to time to reflect changes to our products, our users' needs and/or our business priorities. These include for security, legal or regulatory reasons. We will tell you if we change our terms and you may cancel your account or stop using our Services if you do not agree with the change.
15. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
16. HOW TO COMPLAIN
If you wish to complain about our Services or any Content uploaded by other users, please contact us at [email protected]
17. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
English law applies to these terms. If there is a dispute between us, you can bring legal action in any court in England, Wales, Scotland and Northern Ireland.