PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING LOTTO3000.COM. THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
These terms and conditions set forth the agreement between you, an individual user, (“YOU”, “YOURSELF” or “User” as appropriate) and Thielo Inc.(“Company” “Lotto3000” “Lotto 3000” “Lotto3000.com” “us” “we” or “our” as appropriate) governing the User’s use of the Company website located at Lotto3000.com (the “Site” or “Website” as appropriate), Company apps and the services provided to the User by Company (together, the “Company Service” and “Company Services”).
BY USING THE SITE, THE DOWNLOAD APPS OR ANY SERVICES PROVIDED BY THE COMPANY, USER IS ACKNOWLEDGING THAT THE USER HAS READ THE FOLLOWING TERMS OF SERVICE CAREFULLY AS THEY GOVERN USE OF THE COMPANY SERVICES AND OUR PRIVACY POLICY AS IT GOVERNS OUR COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION. ANY USE OF COMPANY SERVICES CONSTITUTES AN AGREEMENT BY THE USER TO BE BOUND BY THESE TERMS, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). LOTTO3000 MAY ALSO HAVE ADDITIONAL TERMS FOR CERTAIN DRAWINGS OR SPECIAL PROMOTIONS WHICH WILL BE DETAILED SEPARATELY. IF AT ANY TIME A USER DOES NOT AGREE TO THESE TERMS, THE USER AGREES TO IMMEDIATELY TERMINATE USE OF THE COMPANY SERVICES.
1. CONDITIONS OF PARTICIPATION
1.1. Registration
In order to participate in a drawing on the Site, you must register for an account. By registering as a user of the Site, you agree to provide accurate, current and complete information about yourself as prompted (the Registration Data) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Lotto3000 has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Lotto3000 may deny you access to areas requiring registration, withhold or revoke the awarding of any balances, at its sole discretion. A user may maintain only 1 account per IP and/or household. Use of multiple accounts to access Company services is grounds for termination of service and withholding of account earnings, funds and disqualification from all participation.
Only the registered user of an account may access or in any way participate in the services provided by Lotto3000. No account co-ownership shall be allowed. Use of an account by more than one individual, as determined in the sole opinion of Lotto3000, shall constitute a breach of these Terms and shall be cause for account closure and withholding of account earnings, funds and disqualification from all participation.
1.2. Account Password and Security
At the time of registration for online account access, User must provide a valid email address and supply a Username and Password to be used in conjunction with an account. Many portions of the Site require registration for access (the “Restricted Areas”). User is responsible for maintaining the confidentiality of the Username and Password, and Users are fully responsible for all uses of Username and Password, whether by the registered User or others. You agree to (a) keep your Username and Password confidential and not share them with anyone else; (b) immediately notify Lotto3000 of any unauthorized use of your Username and Password or account or any other breach of security; and (c) use only your Username and Password to access the Site’s Restricted Areas. Lotto3000 cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Lotto3000 is authorized to act on instructions received through use of your Username and Password, and that Lotto3000 may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
1.3. Disclosure
You acknowledge, consent and agree that Lotto3000 may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; (v) to clarify a public publishing that you initiated on the internet or any other public medium; or (vi) to protect the rights, property, or personal safety of Lotto3000, its users and the public.
1.4. Links
The Site provides, or third parties may provide, links to other World Wide Web sites or resources. Because Lotto3000 has no control over such sites and resources, you acknowledge and agree that Lotto3000 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Lotto3000 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
1.5 Disqualification
Lotto3000, in its sole discretion, may disqualify any entrant from the service, refuse to award balances or balances, if entrant engages in conduct Lotto3000, in its sole discretion, deems to be improper, unfair, illegal, or otherwise adverse to the operation of the service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: falsifying personal information required to use the service or claim a balance; violating any of these rules, accumulating points or balances through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the service or trying to in any way tamper with the computer programs associated with this service; utilizing as of yet unpublished data of results or or information that has not yet been processed by Lotto3000 to correctly assess (seeking to play after a drawing is complete), obtaining other entrants information and spamming other entrants; and abusing the Lotto3000 website in any way. Entrant further acknowledges that the forfeiture and/or return of any balances shall in no way prevent Lotto3000 from pursuing criminal and/or civil proceedings in connection with such conduct. Further, this service may not be used for any form of gambling.
Absolutely no form of automated script can be used to access any part of the Lotto3000 services. Use of a script to enter a play, log into an account or do anything that is not initiated by a keyboard, mouse or audio/visual impaired device will not be allowed. Use of audio/visual impaired devices will need to be done for medically approved and proven reasons in the event that the use of such devices comes into question. Use of any form of automation to enter or use the Lotto3000 services will result in account closure, possible loss of funds and disqualification from current and past games.
Lotto3000 and any partners are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the service), including without limitation any injury or damage to any entrant’s or any other person’s computer equipment relating to or resulting from participation in the service; inability to access any website, or any web pages of Lotto3000; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
Your use of Lotto3000 is AS IS. Lotto3000 and any partners are also not responsible for incomplete, illegible, misdirected or stolen balances. If for any reason the service is not capable of running as originally planned, or if the service or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Lotto3000 corrupts or affects the administration, security, fairness, integrity or proper conduct of the service, Lotto3000 reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the service, and select the winner(s) from all eligible entries received.
1.6. Verification
You agree to provide us with any information we might require to verify your identity or other information related to your account and your use of the Company Services.
1.7. Play
Games are open to users from around the world.
1.8. Refund Policy
There is no real money transactions. No refunds can be made on free balances awarded.
1.9. Eligibility
Through use of company services, users hereby represent and warrant that the user is of sound mind and fully able to enter into this agreement and the obligations, affirmations, warranties and representations herein. Use of company services implies user is representing and warranting that:
The user is 18 years of age or older (or the minimum age in your state of residence, which may be 19 or 21) and is able to participate in our games
User is not currently part of any list created by the government of the United States of America of blacklisted, wanted or restricted persons.
User is not an employee, affiliate, contractor, owner or service provider or family member or a person residing in the same household as any of the aforementioned professionals that current or previously worked with or provided services for Lotto3000 or any of its competitors, subsidiaries, licensors, and providers or has any material connection with Lotto3000 or any insider information on the games provided by Lotto3000 in any manner whatsoever.
User is not subject to backup withholding tax from the IRS for any reason whatsoever. User is not an employee, official, director, intern, or team member of any of the lotteries or organizations in which the user shall submit entries.
User is acting as an individual for individual gain and is not part of a syndicate or other means of distributed game participation.
Lotto 3000 reserves the right to verify eligibility of users by requesting documentation of such eligibility and/or a written affidavit attesting to user eligibility and compliance with the terms and conditions contained herein.
If a user is found to be ineligible for participation or use of the games provided by Lotto3000, then Lotto3000 reserves the right to, not withstanding any other existing rights Lotto3000 has in law or equity, and cancel any games participation.
1.10. Use of Balance
Balances credited to the user by Lotto3000 shall be done with the sole purpose of participating in games provided by Lotto3000.
1.10. Games and Results
1.10.1. Free to play
Lotto3000 is based on free entries.
1.10.2. Participation
Our site is 100% free and no payments are accepted by customers All accounts are credited with a free balance. This balance can be used to enter drawings. All balances used are final upon submission and there shall be no cancelations.
1.10.3. Results
Lotto3000 reserves the right to cancel, amend or change any game at any time without notifying the user of such changes.
1.10.4. Contest Term
Contests shall have the duration as required for the completion of the respective events for the lottery at hand.
1.11. Marketing and Promotion
By participating in Lotto3000’s contest, user agrees to have user image, photograph, likeness, voice, location, and win amount utilized by Lotto3000 and its associates, business partners and affiliates in the creation and distribution of marketing and promotional materials that can be published on the internet, radio, TV, podcast, newspaper, magazines and any other advertising mediums.
1.12. Special Offers
Each special offer includes specific terms and conditions. Please consult the applicable special offer terms and conditions before accepting a special offer.
1.13. No Third Party Beneficiary
Unless specifically stated otherwise by Lotto3000 in writing or as stated within these Terms, there shall be no third party beneficiaries to these Terms.
1.14 Consent to Contact
By creating a Lotto3000.com account, you hereby consent to receive communications from us via email, telephone, SMS or mail. We may reach out to you regarding matters related to your account, any promotional offerings from us, or our affiliates and/or marketing partners. You have the right to limit the circumstances under which we may contact you by reaching out to customer support.
Lotto3000.com works with a number of companies that assist in marketing our services to you on a third party websites. These companies may collect information about online activities conducted on a particular computer, browsers or device over time and across third party websites or online services for the purpose of delivering advertising that is likely to be of greater interest to you. Certain ads appearing on our service are delivered by our advertising partners. Our advertising partners may use cookies and other similar technologies, often in conjunction with unique cookie identifiers to collect data about your activities and interests. Some of these partners may use mobile device identifiers, such as Apple IDFAs and Google/android advertising ID’s. Doing this allows the ad companies to recognize your computer or device each time they send you an online or mobile advertisement. This information allows ad companies to deliver targeted advertisements that maybe be of increased interest to you, both on our service and elsewhere online. Just as these technologies may be used to target ads on our websites and apps, we, our advertising partners, may use these same technologies and data points (e.g. mobile identifiers, cookie identifiers, location based data), through our service or through other services to target advertising on other sites and mobile apps. Sometimes, these identifiers may be derived from hashed or encrypted versions of personal information such as your email address. We may use this information to measure the performance of our advertising as well as to evaluate which ads or content our users prefer and are most effective.
To learn more and to opt out of the data collection on our website by third parties (including those described above) for interest-based advertising purposes. Please visit www.aboutads.info/choices or www.youronlinechoices.com. Note that because this opt out method may be cookie based, you will need to opt out again if you update or change your browser, or delete your cookies. You can also control interest-based advertising on apps on your mobile device with AppChoices app, available for IOS and Android. Note that option out will not affect the quantity of ads you see on online but likely will cause the ads to be less relevant to you.
2. USE OF THE COMPANY SERVICE:
Company grants you permission to use the Company Service as set forth in these Terms, provided that (i) you do not download, reproduce, redistribute, resell, publicly display or otherwise commercially exploit any portion of the Site; (ii) you do not use Company Services or Site in violation of any law or violate or infringe upon the rights of others; (iii) you will not use the Services to perform any commercial solicitation, encourage conduct that could expose the Company to criminal or civil liability, or prevent others from enjoying the Service; (iv) you do not use the company services as part of a group or syndicate of players with coordinated actions, users may only use company services as individual users; (v) you do not breach these Terms.
3. MODIFICATIONS TO THE TERMS:
Company reserves the right, at our discretion, and without notice to you, to change these Terms. All changes shall be effective immediately. In the event of a material change, company, at our sole discretion, might notify the user via e-mail according to account preferences. Company is in no way bound to notify users of Term changes. Please check these Terms and Rules periodically for changes. Your continued use of the Company Service after the posting of changes constitutes your binding acceptance of such changes.
4. AVAILABILITY OF COMPANY SERVICE:
Company may make changes to or discontinue any of the features or services made available through the Company Website or Apps at any time, and without notice. Company may also in its sole discretion and at any time discontinue providing access to the Site, Apps, or any part thereof, with or without notice. The company service and any other third-party media, content, software, services or applications made available in conjunction with or through the company service are provided on an “AS IS” and “AS AVAILABLE” basis without warranties or representations of any kind either express or implied. Company will not be held liable for any loss of revenue or reputation that might arise from interruption, change, disruption, edition, or modification to company services.
5. OWNERSHIP AND PROPRIETARY RIGHTS:
As between the parties, the Company Service, including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, and all other elements of the Company Service that are provided by Company (“Company Materials”) are owned and operated by Company or Company affiliates and vendors. Except as expressly authorized by Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Company Materials or materials provided by Company affiliates and vendors.
6. USER SUBMISSIONS:
6.1 The Company may now or in the future permit the submission and posting or linking of text, pictures, photos, audio and video recordings, or any other content submitted by you to the Site (“User Submissions”), and the hosting, sharing, and/or publishing of such User Submissions. Company may or may not use your User Submissions in its sole discretion.
6.2 By submitting User Submissions to Company, you hereby grant Company and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, license and ability to sublicense, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Company Service and Company’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Company Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You also hereby grant to each user of the Company Service a non-exclusive license to access your User Submissions through the Company Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Company Service and these Terms. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions.
6.3 You shall be solely responsible for your own User Submissions. In connection with User Submissions, you represent and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Company and these Terms, and to grant the rights and license stated herein, and (ii) your User Submissions, Company’s use of such User Submissions pursuant to these Terms, and Company’s exercise of the license do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
6.4 In connection with your User Submissions, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Site: (i) any material which violates or infringes any third-party proprietary right; (ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, harassing, harmful, hateful, racially or ethnically offensive, or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iii) any advertising or any solicitation with respect to any business, products or services; or (iv) any material that would be harmful to minors in any manner.
7. PROHIBITED USES OF THE COMPANY SERVICE:
7.1 As a condition of your use of the Company Service, you hereby represent and warrant that you will not use the Company Service for any purpose that is unlawful or prohibited by these Terms.
7.2 You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Company Service, or collect, or attempt to collect, personal information about users of the Company Service or third parties without their consent.
7.3 You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Site.
7.4 You agree not to impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
7.5 You agree not to interfere, modify, alter, cause or have caused interruptions of company services by any means that are not in line with the originally intended use of company services.
7.6 You agree not to use any errors, omissions, or other situations where the company services are caused to not work in a proper manner and/or as originally intended to benefit yourself or other users of the site
7.7 Lotto 3000 strictly prohibits the use of company services for contests or uses that can in any way create a situation of debt for a customer.
8. RESPONSIBLE GAMING
Self-exclusion
Users who wish to take some time away from our games and any company services can utilize our self-exclusion by contacting us to request self-exclusion. User self-exclusion cannot be reversed and, upon completion of the self-exclusion time, Lotto3000, in its sole discretion, may request documentation or information to comply with various laws and / or regulations regarding responsible gaming prior to re-activating a User’s account.
9. INDEMNIFICATION; HOLD HARMLESS:
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, VENDORS, ENDORSERS, OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM (THE “INDEMNIFIED PARTIES”) FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE COMPANY SERVICE; (II) YOUR USER SUBMISSIONS, INCLUDING COMPANY’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER SUBMISSIONS; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER SUBMISSION INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY COMPANY.
10. DISCLAIMERS; NO WARRANTIES:
COMPANY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE COMPANY SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE COMPANY DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED. IN THE EVENT THAT A PART OF THIS AGREEMENT IS FOUND TO BE UNENFORCEABLE UNDER A COURT OF LAW, ALL OTHER PARTS OF THIS AGREEMENT NOT AFFECTED BY SUCH DECISIONS SHALL REMAIN IN FULL FORCE.
11. LIMITATION OF DAMAGES:
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided “as is,” and to the extent permissible by law, we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law. To the fullest extent permitted by applicable law under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Lotto 3000 Products (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages.
12. CLASS ACTION WAIVER AND BINDING ARBITRATION
12.1. Binding Arbitration
The first step required for any dispute shall be to contact customer support with the dispute. Lotto3000 customer support representatives will try and settle the issue at hand. If settlement between Customer Support and customer is not possible, the case shall be escalated for management review. Only after these steps have been taken, and the User is not satisfied with the resolution offered by Lotto3000 Management, can a dispute be escalated further, and then only to arbitration. User agrees to allow a reasonable period of time for Lotto3000 to settle customer disputes internally.
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration in Delaware, United States of America before an arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “Arbitrator”). No federal, state or local court or agency shall be used for arbitration; The Arbitrator shall have exclusive authority to resolve any dispute between the parties of this agreement and User hereby agrees to settle any disputes by arbitration, submitting exclusively to the jurisdiction of JAMS and the Arbitrator, and accepting as final any judgments rendered thereby.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The cost of arbitration shall be borne equally by the parties. The parties agree that, any provision of applicable law notwithstanding, they will not request and the arbitrator shall have no authority to award punitive or exemplary damages against either party. In the event of a conflict or inconsistency between the rules and procedures of the arbitration administrator and this Agreement, this Section shall govern.
12.2. Class Action Waiver
Parties agree that any dispute, demand or arbitration shall be settled only in an individual capacity and never as part of a class action or other representative action or lawsuit. LOTTO3000 AND YOU BOTH AGREE THAT CLAIMS CAN BE BROUGHT AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS, REPRESENTATIVE OR GROUP ACTION IN ANY MANNER WHATSOEVER. USER AND LOTTO3000 BOTH WAIVE THE RIGHT TO ANY CLASS ACTION OR REPRESENTATIVE ACTION CLAIM. In the event that this section is deemed invalid or non-enforceable by a court or arbitrator, the provision number 12.1. of these Terms related to arbitration shall be deemed invalid and null and there shall be no right to arbitration as set forth in this agreement.
12.3. Class Action Waiver Opt Out
Users can opt out of the class action waiver provision by sending a written notice to Thielo Inc.via our contact us page. This notice must be delivered to Lotto3000 within 30 days of account creation. In the event that the user does not deliver such notice on time, no opt out option shall be available. In the event that the user shall opt out of the Class Action Waiver, Lotto3000 will automatically be entitled to the same opt out for a class claim against the user.
13. MOBILE APPLICATION
Any references to a website in these Terms shall apply equally to the mobile application. All the Terms contained in this agreement apply to the use of the Lotto3000 Mobile Application. Additional terms from the Google Play Store or iTunes App Store and additional end user agreements will apply accordingly.
13.1. Application License
Lotto3000 grants the user a non-transferable, non-exclusive license to download the Lotto3000 application from the Google Play Store or iTunes App Store and install such application on an iOS or Android mobile device. Such application is for personal use of the account holder and cannot be shared with any other user of the device. Application use is limited to current installations of iOS or Android and cannot be used on a device that has been jailbroken. The user shall have no other right to the Lotto3000 application or any other Lotto3000 materials not expressly granted under this agreement.
13.2. Application Updates
User agrees to immediately download any Lotto3000 application updates as they become available through the iTunes App Store or the Google Play Store. New versions of our software might contain security patches and improvements to our services, even if the version file does not specifically state such improvements or security patches. Failure to update the Lotto 3000 app might result in your system suffering from compromised security and failure of the proper functioning of the Lotto3000 systems and games. Lotto3000 will not be liable in any way for such occurrences.
13.3. Use of Application
The Lotto3000 iTunes App Store application may only be used on Apple products running the iOS operating system. Use of the Lotto3000 Google Play Store application may only be used on products approved and originally installed with Android software.
User acknowledges that Apple and Google will in no way be held responsible for your use of the Lotto3000 Application including but not limited to: the legality of your use of the application, the loss of money, revenue or reputation, product warranties or liability claims, claims related to third party intellectual property rights, claims related to consumer protection laws and agencies and any other claims related to your usage of the Lotto3000 Applications.
Your use of the Lotto3000 application must conform to any terms and conditions set forth by Google and Apple in their rules of use, terms and conditions and any other agreements between you and the aforementioned companies.
Any warranties that have not been disclaimed in this agreement will provide the user with the ability to notify Apple or Google of such events, and Apple or Google may in their own discretion refund the end user the purchase price (if any) of the Application. To the maximum extent permitted by law Google and Apple will have no other obligation to the User with respect to the proper functioning of the App, loses, liabilities, claims, costs, damages or any other failure to conform to warranties, as these shall be the sole responsibility of Thielo Inc.to the extent permitted by these Terms. Other sections of these Terms limit the liability of Lotto3000, please read this agreement in it’s entirety.
13.4. Third Party Beneficiaries
Apple and Google and the subsidiaries of Apple and Google are third party beneficiaries of these Terms, and thereby shall have the ability to enforce such Terms.
14. MISCELLANEOUS:
14.1. Notice.
Company may provide you with notices, including those regarding changes to these Terms, by email, User Messaging, Promotions, Customer Support or posting in the Forum. If notice is by e-mail, it will be provided to the email provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given 24 hours after email is sent. By using Company Services you are providing consent to be contacted via email, text message, phone or mail.
14.2. Dormant Accounts.
In the event that a customer reaches 24 months of continuous non-system activity, Lotto3000 shall initiate reasonable contact efforts to inform the customer of existing and may, at the company’s sole discretion, remove any such balances if not used. For the purposes contained herein, system activity shall refer to non-automated use of customer account: inputting a correct username and password, or initiating an advanced and confirmed password recovery process through our staff. Application of administration fees can be appealed and we are very keen on ensuring the satisfaction of our customers. Contact our customer support department today if you have experienced any issues related to account administration balance removal.
14.2. Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware.
14.3. Waiver.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
14.4. Statute of Limitations
User agrees that regardless of any law or statute to the contrary, any claim must be filed within six (6) months of the date the claim arose, or shall be deemed to have been waived, and forever barred from being pursued.
14.5. Section Titles
All section titles in this agreement are for reference and convenience and shall have no bearing on the effect of the clauses set forth within.
