Red Cedar 3.0 Inc. (the “Company,” “we,” “us,” or “our”) is committed to protecting your privacy. Your privacy is important to us. It is our policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, https://www.lotopoly.life, the mobile application, and other sites we own and operate (individually, and collectively, the “Platform”).
Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service.
In the event our site contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your activities after you leave our site.
Information We Collect
Information we collect falls into one of two categories: “voluntarily provided” information and “automatically collected” information.
“Voluntarily provided” information refers to any information you knowingly and actively provide us when using or participating in any of our services and promotions. This includes but is not limited to your personal information, email correspondence and user content you published or displayed on our Platform.
“Automatically collected” information refers to any information automatically sent by your devices in the course of accessing our products and services. This includes but is not limited to your device information, location information and cookies.
Information Collected by Our Servers
To make our Platform and services more useful to you, our servers (which may be hosted by a third-party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, digital asset addresses, wallet ID, wallet type, and/or a date/time stamp for your visit.
Log Data
As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, clickstream data, digital asset addresses, wallet ID, wallet type, and other details about your visit. We use this information to analyze trends, administer the Platform and services, track users’ movements around the Platform, gather demographic information about our user base as a whole, and better tailor our Platform and services to our users’ needs.
Additionally, if you encounter certain errors while using the site, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is.
Please be aware that while this information may not be personally identifying by itself and is not linked directly to any personal information, it may be possible to combine it with other data to personally identify individual persons.
Device Data
When you visit our Platform or interact with our services, we may automatically collect data about your device, such as:
Data we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.
Cookies
Like many online websites, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Platform. This type of information is collected to make the Platform more useful to you and to tailor the experience with us to meet your special interests and needs. If you decide at any time that you no longer wish to accept Cookies from our Platform for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Platform or all functionality of the Platform. If you have any questions about how to disable or modify Cookies, please let us know at website@lotopoly.io
Analytics Services
In addition to the tracking technologies we place, other companies may set their own cookies or similar tools when you visit our Platform. This includes third party analytics services, including, but not limited to, Google Analytics (“Analytics Services”), that we may engage to help analyze how users use the Platform. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. We use the information we get from Analytics Services only to improve our Platform. The information generated by the Cookies or other technologies about your use of our website (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy. By using our website, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact us at website@lotopoly.io
Personal Information
We may ask for personal information — for example, when you register an account to use our services, make a purchase or when you contact us — which may include one or more of the following:
Legitimate Reasons for Processing Your Personal Information
We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.
Collection and Use of Information
We may collect personal information from you when you do any of the following on our Platform:
We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:
We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, our marketing and market research activities may uncover data and insights, which we may combine with information about how visitors use our site to improve our site and your experience on it.
Information you post publicly on our Platform may be accessed, collected, or used by others and it may result in unsolicited messages or contact from others. We strongly encourages you to use caution and discretion when sharing information publicly.
Security of Your Personal Information
When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.
Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.
You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services. For example, ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.
How Long We Keep Your Personal Information
We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. For example, if you have provided us with personal information as part of creating an account with us, we may retain this information for the duration your account exists on our system. If your personal information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify you.
However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.
This Privacy Policy takes into account and complies with the requirements of the General Data Protection Regulation 2016/679 (GDPR).
Disclosure of Personal Information to Third Parties
We may disclose personal information to:
Your Rights and Controlling Your Personal Information
Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You may choose to reject cookies and certain other tracking technologies by changing the setting of your browser. You do not have to provide personal information to us, however, if you do not, it may affect your use of our Platform or the products and/or services offered on or through it.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by opting out of the promotional communications or contacting us using the details below.
Access: You may request details of the personal information that we hold about you.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.
Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example providing user support), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.
Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy, or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.
Children’s Privacy
We do not aim any of our products or services directly at children under the age of 16, and we do not knowingly collect personal information about children under 16. We do not allow children under the age of 16 to register on the Platform.
Business Transfers
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.
Limits of Our Policy
Our Platform may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Changes to This Policy
At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here at the same link by which you are accessing this privacy policy.
If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.
If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.
Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents' privacy rights, visit https://www.oag.ca.gov/privacy/ccpa. California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [EMAIL].
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
To exercise any of these rights, please send an email to website@lotopoly.io
Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: website@lotoploy.io However, please know we do not currently sell data triggering that statute's opt-out requirements.
Contact Us for Questions and Reporting Violations
If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address: [Website@lotopoly.io]
NFT PURCHASE AGREEMENT
This NFT Purchase Agreement ("Agreement") between you and the Platform governs your participating in purchase NFT (as defined below) on the Platform.
THE PLATFORM IS NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE ADMINISTRATIVE ONLY. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF NFT YOU PURCHASED ON THE PLANTFORM. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, THE PLANTFORM MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF NFT ON THE PLATFORM.
In this Agreement, "you" and "your" refers to you, the purchaser of the crypto assets; “we”, “our” and ”us” refer to the platform or the site operated by Red Cedar 3.0 Inc., the service provider (the “Platform”).
Description of the Services:
“NFT” refers to unique non-fungible tokens, which represent pieces of programmable art in the form of non-fungible ERC721 digital assets that themselves may be created by reference to a smart contract on the Avalanche blockchain. The Platform is a blockchain based gaming environment where users can sell, purchase, list for auction, make offers, and bid on NFTs. You can obtain an NFT by making an offer accepted by the seller, purchasing at a list price, or bidding on an NFT available in smart contract-enabled auctions. You will be able to search, browse, click on links, and purchase NFTs that represent the digital assets on Platform. A purchaser that becomes an owner of the NFT (“Purchaser”) will have no intellectual property rights to that NFT.
Ownership:
Owning a NFT is similar to owning a piece of physical art. You own a cryptographic token representing the NFT as a piece of property, but you do not own the creative components of the NFT itself. Purchasers may show off their ownership of purchased NFTs by utilizing, displaying and sharing the NFT but Purchasers do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the underlying creative components of the NFT, excepting the limited license granted by this Agreement. The Company reserves all exclusive copyrights to creative components underlying NFTs on the Platform, including but not limited to the right to reproduce, to prepare derivative works, to display, to perform, and to distribute the NFTs. The Purchaser may not infringe on any of the exclusive rights of the copyright the Company.
Purchasing NFT with a List Price:
An NFT may be optionally offered for immediate acceptance at a list price established by the seller on the Platform. You can purchase an NFT with a list price through Platform by sending an equivalent amount of cryptocurrency to a smart contract configured to initiate a transfer of the NFT, plus additional Platform fees and Gas Fees (as defined below).
Making Offers on NFT:
You can make offers on all listed NFT through the Platform. Offers on the Platform are legally binding, revocable offers to purchase the NFT capable of immediate acceptance by the seller of the NFT. By making an offer, you agree to temporarily send and lose control over an amount of offered cryptocurrency to a smart contract. The smart contract is configured to hold the offered cryptocurrency until either the offer is accepted by the seller, a higher offer is received, or the offer is revoked. The seller of the NFT has the unilateral authority to accept the bid.
Fees:
Every transaction on Platform is subject to Fees collected to support the Platform. You authorize Platform as applicable, to initiate debits in your account in settlement of transactions. You agree to pay Platform any transaction fees for purchase of an NFT and authorize Platform to deduct such fees from your account directly. You agree and understand that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the smart contracts on the Avalanche blockchain network. By transacting on the Platform and by using the smart contracts, you hereby acknowledge, consent to, and accept all automated fees, commissions, and royalties for the sale of NFT on the Platform. You hereby consent to and agree to be bound by the smart contracts’ execution and distribution of the fees, commissions, and royalties. You hereby waive any entitlement to royalties, commissions, or fees paid to another by operation of the smart contracts.
Gas:
All transactions on the Platform, including without limitation bidding, listing, offering, purchasing, or confirming, are facilitated by smart contracts existing on the Avalanche blockchain network. The Avalanche network requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Avalanche blockchain network, and thus every transaction occurring on the Platform. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of Platform. You acknowledge that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to you. You also acknowledge and agree that Gas Fees are non-refundable under all circumstances.
No Representations or Warranties:
Digital artworks and its descriptions are posted for informational purposes only and may not be independently verified by the Platform and/or its partners. Therefore, your reliance on such information is at your own risk. You should always verify information on the Platform before making a bid or purchase. Because we do not control user content and/or other third-party sites and resources, you acknowledge and agree that we are not responsible for the accuracy or availability of any user content and materials and/or external sites or resources. We make no guarantees regarding the accuracy, currency, suitability, or quality of any user content. Your interactions with the Platform users are solely between you and such users. You agree that the Platform will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Platform user, the Platform is under no obligation to become involved.
You acknowledge and consent to the risk that the price of NFTs purchased on the Platform may have been influenced by user activity outside of the control of the Platform. The Platform does not represent, guarantee, or warrant the accuracy or fairness of the price of any NFT sold or offered for sale on the Platform. You agree and acknowledge that the Platform is not a fiduciary nor owes any duties to any user of the Platform, including the duty to ensure fair pricing of NFTs or to influence user behavior on the Platform.
Transactions that take place on Platform are managed and confirmed via the Avalanche blockchain. You understand that your Avalanche public address will be made publicly visible whenever you engage in a transaction on the Platform. We neither own nor control the Avalanche blockchain network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
The Platform facilitates transactions between the purchaser and seller of NFTs. Platform is not the custodian of any NFT. You affirm that you are aware and acknowledge that Platform is a non-custodial service provider and has no responsibility to custody the NFT you purchased.
Assumption of Risk:
Participating in the purchase of an NFT involves significant risks and potential financial losses, including but not limited to the following, you accept and acknowledge:
Representations and Warranties:
Before you purchase any NFT, you hereby represent and warrant that:
No Liability:
To the maximum extent permitted by law, in no event shall Platform be liable to you or any third party for any lost profits, lost data, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the site, even if Platform has been advised of the possibility of such damages. Access to, and use of, the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
Indemnification:
You agree to indemnify and hold harmless the Platform and its affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of the Agreement by you, a co-conspirator, or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Entire Term:
This Agreement along with Terms us Use on the Platform constitute the entire agreement between you and us relating to your access to and use of the Services and Content, and your participation in the Transaction.
Updates to Terms and Conditions:
The Platform reserves the right to update, change or modify the terms of Agreement at any time and in our sole discretion. If we make changes to the terms, we will provide notice of such changes. If you do not agree to the revised Agreement, you may not access or use the Services.
Last updated: August 26, 2022
These Terms of Use (the “Terms of Use”) govern your use of the website and application located at https://www.lotopoly.life/ the mobile application, and other sites (individually, and collectively, the “Platform”) owned and operated by Red Cedar 3.0 Inc. (the “Company,” “We,” “Us,” or “Our”).
By accessing https://www.lotopoly.life/, and the mobile application, you agree to abide by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree with these Terms of Use, you are prohibited from using or accessing our Platform or using any other services provided by us.
We, the Company, reserve the right to review and amend any of these Terms of Use at our sole discretion. Upon doing so, We will update this page. Any changes to these Terms of Use will take effect immediately from the date of publication.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS GOVERN YOUR USE OF THE PLATFORM, MOBILE APP, THE SITE, AND ANY PURCHASES YOU MAKE, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE PLATFORM AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE PLATFORM, YOU ARE CONFIRMING YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE PLATFORM AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
Account and Registration
While you may browse the public-facing portions of the Platform without registering with us, in order to enjoy the full benefits of the Platform and our services, you must first register for and create an account (“Account”).
By creating an account with us, you represent and warrant that you have provided accurate and updated information and you will keep your account password confidential.
We reserve the right at our discretion to disable and/or delete your account and remove your content, if you fail to comply with our Terms or may cause damage to our platform, infringe or violate the rights of any third party, or violate any laws or regulations.
We do not allow children under the age of 16 to register on the platform.
Disclaimer
You acknowledge and agree that your use of the Platform is at your sole risk. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge and agree that the Company has no obligation to take any action regarding: which users gain access to or use the Platform; what effects the Platform may have on you; how you may interpret or use the Platform; or what actions you may take or fail to take as a result of having been exposed to the Platform. You release the Company from all liability for your inability to access to the Platform or any Content therein. The Company is not and cannot be responsible for and makes no representations, warranties or covenants concerning any Content contained in or accessed through the Platform and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform.
Sophistication and Risk of Cryptographic Systems
By utilizing the Platform or interacting with the Platform or anything contained or provided therein in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage, risks, potential bugs based on novel technology (where applicable), and intricacies of native cryptographic tokens, smart contract-based tokens, and blockchain-based software systems.
Purchase on the Platform
All purchases of non-fungible tokens purchased through the Platform will be governed by the NFT Purchase Agreement located at: www.lotopoly.life
Taxes
You are solely responsible for determining what, if any, taxes related to transactions conducted by you. The Company does not, and will not, have any insight into or control over any transactions conducted by you on the Platform, and thus is not responsible for determining the taxes that apply to your transactions entered through the Platform and is not to act as a withholding tax agent in any circumstances whatsoever.
Ownership; Intellectual Property
You are solely responsible for your use of the Platform and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms of Use.
By using the Platform in conjunction with creating, submitting, posting, promoting, or displaying content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Platform for our current and future business purposes, including to provide, promote, and improve the Platform.
You acknowledge and agree that you will not use the Platform in connection with any material that is fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, unlawful, offensive, or otherwise objectionable or unreasonable or infringing upon any laws, regulations, privacy rights, copyrights, contractual rights, third-party rights, intellectual property rights, proprietary rights or confidentiality obligations. You further acknowledge and agree to indemnify and defend the Company against any claims, damages, proceedings, loss or costs arising from such use. You further agree to not use the Company in any way that could be construed as being adverse or derogatory to the image of the Company.
The Platform and its associated features are owned by the Company and protected by copyright, patent, trademark, trade secret and other proprietary rights and laws. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform. You further agree not to engage in or use any data mining, robots, scraping or similar data gathering method on the platform. All rights not expressly granted are reserved by the Company.
Limitations of Use
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
Additionally, you agree not to:
Copyright Complaints
The Company respects the intellectual property of others, and we ask our users to do the same. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Platform. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and grant The Company the license described above, and that the content does not violate any laws.
The Company will take down works in response to any Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a user’s access to the Platform if the user is determined to be a repeat infringer. If you believe that your intellectual property rights have been violated in any way, please notify us immediately. Pursuant to the DMCA, you may email us the DMCA Takedown Request with the following information:
Changes to the Platform
We may revise and update these Terms of Use from time to time in our sole discretion and the most updated version will always be available at https://www.lotopoly.io/. When we make changes, we will update the “Last Updated” date at the beginning of these Terms accordingly, which apply to all access to and use of the Platform. You are solely responsible for reviewing and becoming familiar with any such modifications. Any changes to the Terms of Use will apply on the date that they are made, and your continued access to or use of the Platform after the Terms of Use have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms of Use, you may not access or use the Platform. Revisions of the Terms of Use deemed material, in the sole discretion of the Company, will include a notification via the Company’s social media accounts.
Termination
You may terminate these Terms of Use at any time by canceling your account on the Platform and discontinuing your access to and use of the Platform or services. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms of Use and suspend and/or terminate your account(s) for the Platform. You agree that any suspension or termination of your access to the Platform may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms of Use or suspend or terminate your access to or use of the Platform due to your breach of these Terms of Use or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms of Use will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms of Use, whether by you or us, you may no longer have access to information that you have posted on the Platform or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
Geographic Restrictions
The owner of the Platform is based in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Assumption of Risk
You accept and acknowledge:
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.
Accuracy of Materials
The materials appearing on our Platform are not comprehensive and are for general information purposes only. The Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Platform, or otherwise relating to such materials or on any resources linked to this Platform.
External Sites
The Company has not reviewed all of the sites linked to its Platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by the Company of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Children
You affirm that you are over the age of 16, as the Platform is not intended for children under 16. Any children found to have violated this policy shall have their accounts permanently suspended from the Platform immediately.
Privacy Policy
Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.
Governing Law and Jurisdiction
All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Red Cedar 3.0 Inc. regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
Your Comments and Concerns
This Platform is operated by Red Cedar 3.0 Inc.
All other feedback, comments, requests for technical support, and other communications relating to the Terms of Use and Platform should be directed to: website@lotopoly.io.
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