Luckypere Conditions of Use
Welcome to Luckypere. Luckypere.com, Inc. and/or its affiliates (“Luckypere”) provide its website features and other services to you subject to the following conditions. If you visit Luckypere.com, use other Luckypere services, products, or use software or mobile applications provided by Luckypere that states that it is subject to these Conditions of Use (collectively “Luckypere Services”), you accept these conditions. Please read them carefully. In addition, when you use any current, future Luckypere Services, (e.g., LuckyperePro.com) you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to that Luckypere Service. If these Conditions of Use are inconsistent with the Terms provided for any Luckypere service, the Terms will control.
Please review our Privacy Notice, which also governs your use of any Luckypere Service, to understand our practices.
When you use any Luckypere Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Luckypere Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site in or made available through any Luckypere Service, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Luckypere or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Luckypere Service is the exclusive property of Luckypere and protected by U.S. and international copyright laws. All software used in any Luckypere Service is the property of Luckypere or its software suppliers and protected by United States and international copyright laws.
Luckypere and STARMETER are registered trademarks, and the Luckypere logo, LuckyperePRO, MOVIEMETER, and other marks indicated in any Luckypere Services are trademarks of Luckypere in the United States and/or other countries. Other Luckypere graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Luckypere. Luckypere’s trademarks and trade dress may not be used in connection with any product or service that is not Luckypere’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Luckypere. All other trademarks not owned by Luckypere that appear on this site or in any Luckypere Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Luckypere.
License and Site Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Luckypere or its content providers grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and make personal and non-commercial use of the Luckypere Services, including digital content available through the Luckypere Services, and not to download (other than page caching) or modify this site, or any portion of it, except with express written consent of Luckypere. Additional license terms may be found in the Terms. The Luckypere Services or any portion of such services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Luckypere. This license does not include any resale or commercial use of any Luckypere Service or its contents or any derivative use of this site or its contents. All licenses are non-exclusive and all rights not expressly granted to you in these Conditions of Use or any applicable Terms are reserved and retained by Luckypere or its licensors, suppliers, publishers, rightsholders, or other content providers. You will use all Luckypere Services in compliance with all applicable laws.
Robots and Screen Scraping: You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express written consent as noted below.
Framing: You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Luckypere without express written consent.
Meta Tags: You may not use any meta tags or any other “hidden text” utilizing Luckypere’s name or trademarks without the express written consent of Luckypere. Any unauthorized use terminates the permission or license granted by Luckypere.
Licensing Luckypere Content; Consent to Use Robots and Crawlers: If you are interested in receiving our express written permission to use Luckypere content for your non-personal (including commercial) use, please visit our Content Licensing section or contact our Licensing Department. We do allow the limited use of robots and crawlers, such as those from certain search engines, with our express written consent. If you are interested in receiving our express written permission to use robots or crawlers on our site, please contact our Licensing Department.
Linking to Luckypere.com: You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Luckypere.com so long as the link follows our linking guide and does not portray Luckypere, its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Luckypere logo or other proprietary graphic or trademark as part of the link without express written permission except as outlined in our help section.
If you use any Luckypere Service, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Luckypere reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Luckypere reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Your License to Luckypere: If you do post content or submit material, and unless we indicate otherwise, you grant Luckypere a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Luckypere and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Luckypere for all claims resulting from content you supply. Luckypere has the right but not the obligation to monitor and edit or remove any activity or content. Luckypere takes no responsibility and assumes no liability for any content posted by you or any third party. If you would like to learn more about how we handle content that you submit, please review our Privacy Notice.
Luckypere respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Disclaimer of Warranties and Limitation of Liability
THE Luckypere SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Luckypere SERVICES ARE PROVIDED BY Luckypere ON AN “AS IS” AND “AS AVAILABLE” BASIS. Luckypere MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Luckypere SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Luckypere SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Luckypere SERVICES IS AT YOUR SOLE RISK. Luckypere RESERVES THE RIGHT TO WITHDRAW ANY Luckypere SERVICE OR DELETE ANY INFORMATION FROM THE Luckypere SERVICES AT ANY TIME IN ITS DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Luckypere DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Luckypere DOES NOT WARRANT THAT THE Luckypere SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Luckypere SERVICES, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM Luckypere ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Luckypere WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Luckypere SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Luckypere SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Luckypere Software Terms In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Luckypere Services (“Luckypere Software”). If we provide specific Terms for the Luckypere Software and there is a conflict between the specific Terms for the Luckypere Software and these Conditions of Use, the specific Terms for the Luckypere Software will govern.
By using any Luckypere Service, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Luckypere.
Any dispute or claim relating in any way to your use of any Luckypere Service, or any products or services sold or distributed by Luckypere or through the Luckypere Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
a. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
b. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Luckypere will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
c. You and Luckypere each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and Luckypere each waive any right to a jury trial. You and Luckypere also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Site Policies, Modification, and Severability
Please review our other policies. These policies also govern your use of Luckypere Services. We reserve the right to make changes to our site, policies, and these our site, policies, Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Additional Luckypere Software Terms
1. Use of the Luckypere Software. You may use the Luckypere Software only in connection with the Luckypere Services. You may not separate any individual component of the Luckypere Software for use other than in connection with the Luckypere Services, incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, use it, or any portion of it, over a network, or sell, rent, lease, lend, loan, distribute or sub-license the Luckypere Software or otherwise assign any rights to the Luckypere Software in whole or in part. You may not use the Luckypere Software for any illegal purpose. We may discontinue some or all of any Luckypere Software we provide, and we may terminate your right to use any Luckypere Software at any time and in such event may modify it to make it inoperable. Your rights to use the Luckypere Software will automatically terminate without notice from us if you fail to comply with any of these terms. Additional third party terms contained within or distributed with certain Luckypere Software that are specifically identified in related documentation may apply to that Luckypere Software and will govern the use of that Luckypere Software in the event of a conflict with these Conditions of Use.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Luckypere Software, whether in whole or in part, or create any derivative works from or of the Luckypere Software.
4. Updates. In order to keep the Luckypere Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Luckypere Software. If you are a U.S. Government end user, we are licensing the Luckypere Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Luckypere Software are the same as the rights we grant to all others under these Conditions of Use.