Terms of Service

Lucky Planet Games

Effective Date: March 20, 2018

Terms of service and end user license agreement (“EULA”)

Please carefully read the following terms of service and end user license agreement (collectively referred to as the “Agreement”) before using any of the Software or Services offered by Lucky Planet Games Inc ( “Company”).  

For the purpose of this agreement “Software” refers to all software programs published by Lucky Planet games or affiliates including but not limited to software accessed on mobile device, downloaded and installed on a computer, and software accessed by means of a browser.  Software includes updates, files, upgrades and all copies of these materials.

“Services” refers to websites, social community channels, social media and customer support provided by Lucky Planet Games.

The following Agreement applies to the download and or use of  Software and Services.

The Software is not sold, it is only licensed by the end user.   By installing this Software and or accessing these Services, you accept the terms of this Agreement.  These terms constitute an agreement between you and Lucky Planet Games. The use of the Software and Services is also governed by Lucky Planet Games Privacy Policy.

Lucky Planet Games reserves the right, at its discretion, to modify, add or remove portions of this Agreement and the Privacy Policy at any time.   By continuing to use the Software or Services, you will be deemed to have accepted the changes made to this Agreement and or the Privacy Policy.

If at any time you do not agree to all the terms and conditions of this Agreement, the Privacy Policy or any future updated version of this Agreement or the Privacy Policy, you have no right to use the Software and Services provided by Company and you must immediately uninstall the Software from your devices and no longer access any of Company Services.  

1. License

Subject to this Agreement and its terms and conditions, Company grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable limited right and license to use one copy of the Software on your personal computer or mobile device, solely for your own personal, non-commercial use and not for the benefit of any third party.  The rights granted are subject to your compliance with this Agreement and acceptance of the Privacy Policy. The Software is licensed to you and you hereby acknowledge that no ownership of the Software is being transferred and this Agreement is not to be thought of as a sale of any rights in the Software or Services.

The Software is owned and operated by the Company, and the Company may update, change, discontinue or suspend the Software or Service at any time.  The Company reserves all rights to add, change, remove, or limit any feature in the Software or Services at any time without liability or notice.

By registering an account on the Software or Service, you represent that you are age 13 or older.  If you are under the age of 13, do not register for the Software or send any information about yourself to the Company.   If you are between the ages of 13 and 17, your legal guardian must review and agree to the terms in this Agreement and the Privacy Policy.

You will restrict the use of the Software by minors, and you must deny access to children under the age of 13.  You accept full responsibility for any unauthorized use of the Service or Software by minors. You are fully responsible for any use of any payment instrument (e.g. credit card, gift card, paypal account) by minors.

You certify that you are legally permitted to use and access the Software and Services and take full responsibility for use and access to the Software.  This agreement is void where prohibited by law and you must not use the Software or Services in such jurisdictions.

2. License Limitations

The violation of any of the following License Limitations is prohibited and can result in the immediate revocation of your limited license and could subject you to liability for violations of law.

To use the Software or Services provided by the Company you agree:

  • You will not make available through the use of the Software or Service any content that infringes on any copyright, patent, trade secret, trademark right of privacy, or any other right of any person or entity.
  • You will not use the Software or Services for any commercial purpose.
  • You will not use the Software or Services to solicit or advertise.  
  • You will not send or post spam email, chain letters, or misleading or repetitive messages to anyone.
  • You will not harass, harm, abuse or incite such behavior towards any person through use of the Software or Services.
  • You will not post any material that contains nudity, violence, or offensive content or links to such content.
  • You will not post or collect anyone’s private information through the Service or Software.
  • You will not engage in any act that the Company believes is in conflict with the intent and spirit of the Service and Software.
  • You will not use of any hacks, cheats, exploits, bots, automation, mods or other software designed to interfere with the Software or Service.
  • You will not reverse engineer or otherwise attempt to derive the source code for the Software or any other intellectual property used in the Software or Service.Modify any of the Software or Service files.
  • You will not disrupt or attack the Service or Software including by overburdening the Service or Software.
  • You will not attempt to gain unauthorized access to the Service or Software.
  • You will not use the Software or Services in a manner that violates any law, statute, ordinance or regulation.
  • You will not post any content that is threatening, defamatory, obscene, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
  • You will not use the Software or Services in any way or at any time that could cause danger to yourself or others (such as while operating a motor vehicle). Failure to pay attention to the operation of your vehicle or traffic, road signs, conditions or safety hazards could result in death, serious injury, or property damage.
  • You assume total responsibility and risk for all of your activity in connection with the Software.

3. Software and Services

The Software and Services and all materials contained within the Software and Services are protected by copyright.  The Software is protected by applicable laws and treaties throughout the world. You shall not use, copy, modify, publish, transmit, reproduce, distribute, upload, license, create derivative works based on, sell or otherwise exploit this Software in whole or in part for any purpose.  

4. Information Collection and Use; Privacy Policy

The Company respects your privacy and understands the importance of protecting information collected about users.  By acceptance of this Agreement and installing/using this Software and or Services constitutes your acceptance and agreement to be bound by the Company’s Privacy Policy.

5. Warranty Disclaimer

You acknowledge that Company has no duty or control over which users gain access to the Software or Services, nor what actions you may take within the Software or Services.  You release Company of all liability and you take full responsibility for your actions. The Software and Services are provided “AS IS”, with all faults, without a warranty of any kind and your use is at your sole risk.   Directions provided by the Software or Services may not be accurate or complete.

6. Limitations of Liability

IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE WITH RESPECT TO THE SOFTWARE OR SERVICES INCLUDING BUT NOT LIMITED TO, LOSS OF GOODWILL, DAMAGES TO PROPERTY, COMPUTER OR MOBILE DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, PROPERTY DAMAGE, DAMAGES FOR PERSONAL INJURIES,  PUNITIVE DAMAGES OR LOST PROFITS FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE OR SERVICES. FOR THE PURPOSES OF THIS SECTION, COMPANY’S LICENSORS AND CHANNEL PARTNERS OR AFFILIATES ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS AGREEMENT AGAINST YOU.


Some jurisdictions may not allow the exclusion or limitation of specific warranties or exclusion or limitation of liability for certain types of damages. Thus, some of the above limitations and disclaimers may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Company’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF USE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF COMPANY.

You agree to indemnify, defend and hold Company harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Software, or any breach by you of these Terms of Use, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

7. Payments and virtual goods

The Company may grant license to you the use of “virtual goods” to be used within the Software.  The “virtual goods” are deemed an integral part of the Software. The Software allows you to purchase “virtual currency” for “real world” money.  The “virtual currency” and “virtual goods” are limited, non-transferable, non-sublicensable, and revocable for use only in the Software. They are only for non-commercial use.   Payment for licenses of virtual goods is FINAL AND NON-REFUNDABLE. The Company has the right to revoke, regulate, control, modify, or remove virtual goods at any time without notice.   The Company shall have no liability if it exercises the aforementioned rights.

SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS OR VIRTUAL CURRENCY FOR ANY REASON AND YOU WILL NOT RECEIVE MONEY OR ANY OTHER TYPE OF COMPENSATION FOR UNUSED VIRTUAL GOODS OR VIRTUAL CURRENCY.

8. Termination

While you use the Software or Services, this Agreement will remain in full force and effect.  You may terminate your use of the Software at any time by uninstalling the Software from your device.  The Company retains the right to suspend or terminate your access to the Software without warning and without liability which may result in the destruction of information, virtual currency, and virtual goods if you breach this agreement.  All of the provisions in this Agreement which, by their nature should survive termination, shall survive termination.

9. Severability

In case any provision in this Supplemental Indenture shall be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.

10. Contact

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT PLEASE CONTACT:

support@LuckyPlanetGames.com