Your use of LOTO’s products, software, services and web sites (referred to collectively as the “Services”) is subject to the terms of a legal agreement (referred to collectively as the “Terms”) between you and LOTO. “LOTO” means LOTO LLC, whose principal place of business is at 39-07 Prince Street 3K, Flushing, New York 11354, United States. It is important that you take the time to read the terms of the legal agreement carefully. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. Unless you have been specifically permitted to do so in a separate agreement with LOTO, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, referred to collectively as the “Content”) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. You should be aware that the Content presented to you as part of the Services may be protected by intellectual property rights and that you must have the proper license from the copyright owners to translate, modify, distribute or create derivative works based on this Content. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
By translating, posting, submitting, or displaying the Content of which you have the license to create derivative works on or through the Services, you agree that you retain the copyright of the derivative works and any other rights you already hold in Content. By translating, submitting, posting, or displaying the Content you give LOTO a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you translate, submit, post or display on or through, the Services.
The Services may include hyperlinks to other web sites or content or resources. LOTO may have no control over any web sites or resources which are provided by companies or persons other than LOTO. You acknowledge and agree that LOTO is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any services, products or other materials on, or available from, such web sites or resources.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, LOTO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOTO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LOTO FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Terms, and your relationship with LOTO under the Terms, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and LOTO agree to submit to the exclusive jurisdiction of the courts located within the county of Queens, New York to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that LOTO shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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