TERMS OF SERVICE
The Terms of Service (“Agreement”) are a legal agreement between you (referred to herein as “you” or “your”) and Brain Contents Inc (“we”, “our”, or “us”) for access to and use of our application (the “Application”) and other related software, interactive features or downloads operated by us and that are available through the Application (whether accessed directly or through any software application) (collectively, the “Service”). If you do not reside in the United States, if you reside in the US States of Alabama, Alaska, Hawaii, Mississippi, Nevada, or Utah, or if you are not the age of majority to participate in the state lottery in your US state of residence, you are not eligible to use the Service. If you use the Service in the US States of Alabama, Alaska, Hawaii, Mississippi, Nevada, or Utah, or under the age of majority to participate in the state lottery in your US state of residence, we will terminate your Account and prohibit your further use of the Service. By accessing or using the Service you agree to be bound by the terms and conditions of this Agreement and declare that you have read and accepted our Privacy Policy located at http://www.lottopia.win/community/notice_list#pop_privacypolicy (“Privacy Policy”), whether or not you are a registered user of our Service. Your continued use of the Service following the posting of any changes to this Agreement will indicate acceptance and agreement by you of such changes. If any of the terms, or any amended terms in the future, are unacceptable to you, do not use the Service.
1. Your Use of the Service
1.1 The Service.
We provide the Service for entertainment purposes only. You may not rely on any information or opinions expressed on the Service for any other purpose.
THE SERVICE IS NOT, DOES NOT PROMOTE, AND DOES NOT GRANT THE RIGHT TO PARTICIPATE IN A LOTTERY OR ANY OTHER SERVICE OR INSTITUTION THAT FACILITATES THE FOREGOING, THE WAGERING OF SOMETHING OF VALUE FOR THE CHANCE TO RECEIVE SOMETHING OF VALUE IN RETURN, OR GAMBLING AS DEFINED IN ANY APPLICABLE STATE OR FEDERAL STATUTE. (“LOTTERY”) YOU HEREBY ACKNOWLEDGE AND ACCEPT THAT THE SERVICE WILL NOT FURTHER YOUR CHANCES OF OR GUARANTEE WINNING IN A LOTTERY.
Our Service may vary depending on which features you unlock in your Account and from which location you download or access our Application and Service. From time to time we may amend the Service. We will post the change of the Service within reasonable time of that change in our Application.
For any questions or concerns regarding the Application or our Service, you can reach us at Brain Contents Inc, a California State Corporation, Entity Number: C4112380, located at 11371 New England Place, Gold River, CA 95670
1.2 Your Use. You agree that:
(i) you will use the Service solely for your own, non-commercial, personal use in accordance with this Agreement,
(ii) all information supplied by you to us will be true, accurate, and complete, and
(iii) a change of any information you submit for your Account and Plan is subject to our approval in our sole discretion.
1.3 User Account.
To use our Service you will be required to register an account with us (“Account”). Your registration of an Account is subject to our approval in our sole discretion and we may terminate your Account at any time, without notice if you violate the terms of this Agreement.
1.4 Plans
Some features of our Service are only accessible to those who have purchased one or more of our available Plans. A Plan can be activated by paying the associated fee for that Plan. Each Plan has a set term (described along with that Plan’s features) and ends either when your Plan is terminated for any reason, or when the Plan term ends.
When you provide payment information to us or our authorized payment processor, you represent that you are an authorized user of that payment method, including without limitation, the payment card, PIN, key, account or other payment method specified by you, and you authorize us to charge such payment method for the full amount of the transaction.
1.5 Lottokens.
Some features of our Service may require the use of virtual items or virtual currency (“Lottokens”). Such Lottokens are
(i) licensed to You and not sold,
(ii) are linked to your Account, and will be lost if and when your Account is terminated for any reason, and
(iii) do not constitute and cannot be exchanged for real currency or any other thing of value.
The Lottokens and your use of these Lottokens through the Service are subject to the following additional terms:
(a) Lottoken License. When you obtain Lottokens you are obtaining from us the right to have your License include such Lottoken. Regardless of any references we may make outside this Agreement to “purchasing” or “selling” Lottokens, you understand that all Lottokens are licensed, not sold, to you under the License. You may not under any circumstances, transfer, sell, gift, exchange, trade, lease, sublicense, or rent the Lottokens, including through unaffiliated third party services, websites, or applications. Such prohibited transfers include the exchange of money or any other thing of value for access to your Account, Account credentials, or any information in your Account, such as information accessed by use of Lottokens. Except as otherwise prohibited by applicable law, we reserve and retain all rights, title, and interest in and to the Lottokens. Your right use the Lottokens under the License will terminate upon termination of the License or as otherwise provided herein.
(b) Obtaining Lottokens. Lottokens are only available through purchase of a Plan. All purchases of Plans are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. The Lottokens are not redeemable for money or monetary value from us or any other person, whether this person is a user of the Service or not, except as otherwise required by applicable law. The Lottokens do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither we, nor any other person or entity, has any obligation to exchange the Lottokens for anything of value.
(c) Except as otherwise prohibited by applicable law, we, in our sole discretion, have the absolute right to manage, modify, substitute, replace, suspend, cancel or eliminate the Lottokens, including your ability to access or use the Lottokens, without notice or liability to you. You agree that we may engage in actions that may impact the perceived value or purchase price, if applicable, of a Plan, and the Lottokens obtained therefrom at any time, except as prohibited by applicable law. We, in our sole discretion, may impose limits on the amount of Lottokens that may be obtained, accumulated, or used.
1.6 Third-Party Services.
In order to use the Application, or for parts of the Service to operate properly, you may be required to have and maintain a valid and active account with an online service (e.g., Apple-ID). (“Third-Party Account”) Your Account may be associated with a Third-Party Account that you use to register your Account or access and use the Application.
You agree that you will abide by any third-party service policies and terms necessary in using our Service (such as a third-party platform terms of use or Facebook terms of use).
2. Availability of the Application and Service
2.1 You acknowledge and agree that we may decline to provide you access to the Service or stop (permanently or temporarily) providing the Service (or any features or programs or Content within the Service) to you or to users generally at our sole discretion, without liability or prior notice to you, unless expressly stated otherwise in this Agreement.
2.2 We cannot always foresee or anticipate technical or other difficulties which may result in temporary or continuous unavailability of the service, failure to obtain data or loss of data, personalization settings, or other interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.
2.3 You acknowledge and agree that your use of the Service, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Service, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation.
3. Term and Termination
3.1 Termination. This Agreement is effective until terminated by us or you. We may terminate this agreement at any time without notice if (i) you violate any provision of these Terms, or (ii) we choose to discontinue the Service in part or in whole, or modify the Service or these Terms in such a way that you are no longer eligible for or are in violation of the these Terms. You may terminate this agreement at any time for any reason by contacting us at
3.2 Effect of Termination. Upon termination of this Agreement for any reason, (i) you shall immediately cease using the Service, (ii) the License granted herein by us, including without limitation, your right to access or use any Lottokens associated with your Account, shall automatically terminate, and (iii) your data (including, without limitation, your log-in credentials and other Account or Plan associated information) will be stored indefinitely, subject to our Privacy Policy (if applicable).
4. Ownership; License
4.1 Grant of License. Subject to your strict compliance with this Agreement, we hereby give you a personal, revocable, worldwide, non-assignable and non-exclusive right to access and (i) use the Service in the manner and for the purposes expressly permitted by this Agreement and our associated policies, and (ii) install a copy of the Application on any compatible device which you own, solely for the purposes of accessing the Service in the manner and for the purposes expressly permitted by this Agreement (“License”).
We reserve all right, title and interest in and to the Service not expressly granted to you under this Agreement. There are no implied licenses under this Agreement.
4.2 Intellectual Property. You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Service, including, without limitation, any intellectual property rights therein throughout the universe, whether those rights are registered or not, and whether those rights are currently extant or hereafter created by law.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Service.
5. Representations and Warranties
You represent, warrant, and agree that you will not:
5.1 use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state, national and international laws and regulations and treaties;
5.2 use the Service for the distribution, housing, processing, propagation, storage, or other handling of, any material that may create a risk of any loss or damage to any person or property, or any other material (including, without limitation, links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful;
5.3 permit or otherwise enable unauthorized users to access and/or use the Service;
5.4 use the Service to export software or data in violation of applicable U.S. laws or regulations;
5.5 sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Service, or otherwise permit any third party to use or have access to the Service for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Service;
5.6 remove any copyright, trademark, patent or other proprietary notices from the Service;
5.7 use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos;
5.8 distribute, publish, exhibit, or otherwise use the Service, in any manner and for any purpose not expressly permitted under this Agreement;
5.9 exploit the Service or collect any data incorporated in the Service in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;
5.10 register as a user of the Service by providing false, inaccurate, or misleading information;
5.11 attempt to gain unauthorized access to our computer systems (including any non-public areas of the Service) or engage in any activity that disrupts, diminishes the quality of, probes for vulnerability, interferes with the performance of, or impairs the functionality of, the Service (or the servers and networks which are connected to the Service);
5.12 extract, mine, or “scrape” any data contained within or accessible through the Service.
6. NO WARRANTIES
6.1 THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE, OR THAT THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED WITH THE SERVICE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU OR ANY THIRD PARTY SUBMITS, POSTS OR SENDS OVER THE SERVICE.
6.2 YOU EXPLICITLY ACKNOWLEDGE AND UNDERSTAND THAT THE SERVICE IS NOT A LOTTERY, AND THAT THE “PICKS” FEATURE OF OUR SERVICE ANALYZES AND FILTERS ACCUMULATED, PUBLICALLY AVAILABLE THIRD PARTY JACKPOT LOTTERY WINNING NUMBER COMBINATIONS. THE SERVICE, AND THE FOREGOING FEATURE ARE PROVIDED TO YOU FOR THE SOLE PURPOSE OF VIEWING SUCH INFORMATION AND WE MAKE ABSOLUTELY NO CLAIM THAT ANY INFORMATION AVAILABLE THROUGH THE SERVICE INCREASES THE CHANCE OF WINNING ANY THIRD PARTY LOTTERY. FURTHERMORE, WE DO NOT BEAR ANY RESPONSIBILITY FOR ANY LOSSES INCURRED BY YOU IF YOU CHOOSE TO PARTICIPATE IN LEGAL, THIRD PARTY LOTTERIES.
7. LIMITATION OF LIABILITY
7.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICE PROVIDED HEREUNDER OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF US, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF OUR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICE OR ANY CLAIMS RELATING TO THIS AGREEMENT OR ANY CONTENT SHALL NOT EXCEED THE AMOUNTS, IF ANY, PAID BY YOU TO US DURING THE PAST TWELVE MONTHS IN CONNECTION WITH YOUR ACCESS TO THE SERVICE.
7.2 The Service may contain links to other applications or services maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on third-party applications or services. You assume sole responsibility for your use of third-party links, applications, products and services.
7.3 The Service is controlled and operated from facilities in the United States and may be used solely by individuals located in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services.
8. INDEMNIFICATION
8.1 You agree to release, indemnify and hold harmless us, our parents, subsidiaries, affiliates, directors, members, officers, employees, agents and third party licensors, third-party publishers, necessary third-party platform providers, from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, attorneys’ fees, with respect to
(i) your access, use or misuse of, or reliance upon, the Service,
(ii) your actual or alleged violation or breach of this Agreement or rights of another, and/or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this Agreement.
9. PRIVACY POLICY
9.1 In the event of a conflict with this Agreement the Privacy Policy shall control as to matters addressed in the Privacy Policy.
9.2 For information about our data protection practices, please read our privacy policy. This policy explains how we treat your personal information, and how we protect your privacy when you use the Service. You agree to the use of your data in accordance with our privacy policy.
10. ASSIGNMENT, SUB-LICENSE, OR TRANSFER
You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sub license, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement.
11. GOVERNING LAW and VENUE
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in New York, NY.
12. SERVERABILITY
If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
13. DISPUTE
13.1 You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to this Agreement.
13.2 You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
(a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
(b) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
14. ENTIRE AGREEMENT
14.1 This Agreement sets forth the entire understanding and agreement between you and us relating to the Service and Application. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.
15 AMENDMENTS
15.1 We may amend these terms from time to time as we deem necessary. We will provide notice by posting information on our publically available websites and such changes shall take effect upon that notice. If you do not wish to consent to any modified terms, you may discontinue your use of the Service.