Terms of Service
DATE LAST MODIFIED on January 31, 2024. The Terms of Service is an agreement
between you and Lele Play Limited (or “COMPANY”) that governs your use of our Site, Applications
and Service. For purposes of these Terms of Service, “COMPANY” shall mean Lele Play Limited, its
partners, parent companies, subsidiaries, licensees, licensors and affiliates.
- Acceptance of Terms
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE
COMPANY (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING ANY OF OUR APPLICATIONS (“APPLICATION”)
AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF
AN APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICES”) YOU AGREE THAT
YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO
THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. YOU ALSO AFFIRM THAT YOU HAVE READ AND
UNDERSTAND OUR Terms of Service.
IMPORTANT NOTE: These Terms contain a Dispute Resolution and Arbitration Provision, including a
Class Action Waiver, that affects your rights under these Terms and with respect to any dispute
you may have with the COMPANY. You and the COMPANY agree to submit disputes to a neutral
arbitrator and not to sue in court in front of a judge or jury, except in small claims court.
Please see Section 18 below for details.
You may opt out of the binding individual arbitration and class action waiver as provided
below.
COMPANY reserves the right, in its sole discretion, to modify or change these Terms at any time
by posting the changes on or within the Application or other parts of the Service. Your
continued use of the Service following the posting of such changes constitutes your acceptance
of the revised Terms. COMPANY may use reasonable commercial efforts to provide notice of
material changes to you. If the modified Terms are not acceptable to you, your only recourse is
to discontinue your use of the Service. You agree that COMPANY may change any part of the
Service, including its content, at any time or discontinue the Service or any part thereof, for
any reason, without notice to you and without liability.
- Privacy
You acknowledge and agree that COMPANY will collect from you and your device, use, and share
certain personal information as described in our posted Terms of Service for the respective
Services. By accessing and using our Services, you agree that you have read and acknowledge such
Privacy Policies.
- Eligibility
To use the Service, you must be a natural person, at least 18 years old, who is assigned to the
e-mail address associated with your registration. At our sole discretion, we may require proof
that you meet this condition in connection with your use of the Service. Failure to comply with
this condition will result in the closing of your Account and the loss of all Virtual Items
(including Loyalty Points) (each as defined below) accumulated through your use of the Service.
- License
To use the Service, you must have a device that is compatible with the Application. COMPANY
does not warrant that the Application will be compatible with your device. If you decide to use
the Service, subject to your agreement and compliance with these Terms and the Terms of Service,
COMPANY hereby grants you a non-exclusive, non-transferable, revocable license to install and
use an object code copy of the Application for one registered account on one device owned or
leased solely by you. COMPANY also grants you a personal, non-exclusive, non-transferable,
non-sublicensable, revocable, limited scope license to access and use those portions of the
Service that are not part of the Application. Use of the Service shall be solely for your own,
private, non-commercial entertainment purposes and for no other purpose whatsoever. If the
Service or any part thereof is determined to be illegal under the laws of the jurisdiction in
which you are situated, you shall not be granted any license to use the Application or any other
part of the Service, and must refrain from using it. You may not: (i) modify, disassemble,
decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense,
distribute or otherwise transfer the Application to any third party or use the Application to
provide time sharing or similar services for any third party; (iii) make any copies of the
Application; (iv) remove, circumvent, disable, damage or otherwise interfere with
security-related features of the Application, features that prevent or restrict use or copying
of any content accessible through the Application, or features that enforce limitations on use
of the Application; or (v) delete the copyright and other proprietary rights notices on the
Application. You acknowledge that COMPANY may from time to time issue upgraded versions of the
Application, and may automatically electronically upgrade the version of the Application that
you are using on your device, but that COMPANY has no obligation to do so. You consent to such
automatic upgrading on your device, and agree that the terms and conditions of these Terms will
apply to all such upgrades. The foregoing license grant is not a sale of the Application or any
copy thereof, and COMPANY and its third party licensors or suppliers retain all right, title,
and interest in and to the Application (and any copy of the Application). Standard carrier data
charges may apply to your use of the Application.
- Virtual Items
From time to time during your use of the Service, you may have the opportunity to “earn”, “buy”
or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not
limited to virtual coins, cash or points, all for use in the Service (together with virtual
in-game items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of
any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by
“earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the
software programs that manifest themselves as the Virtual Items. The purchase and sale of such
limited licenses to use Virtual Items is a completed transaction upon redemption of the
applicable payment and shall under no circumstances be refundable, transferable or exchangeable
including, without limitation, upon termination of your Account, termination of these Terms,
and/or the discontinuation of the Service, except as required by law. COMPANY prohibits and does
not recognize any purported transfers of Virtual Items effectuated outside of the Service, or
the purported sale, gift or trade of anything that appears or originates in the Service, unless
otherwise expressly authorized by COMPANY in writing. Accordingly, you may not sublicense,
trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items
for value of any kind outside of a game, without COMPANY’s written permission. Any such transfer
or attempted transfer is prohibited and void, and will subject your Account to termination. You
acknowledge and agree: (a) that COMPANY may change the price of Virtual Items at any time,
without notice, for any reason or for no reason, (b) that the amount of virtual points necessary
to obtain certain Virtual Items may fluctuate, and (c) that COMPANY has no liability to you for
any changes in the price of such Virtual Items and/or the amount of virtual points necessary to
obtain Virtual Items. COMPANY reserves the right, without prior notification, to limit the
quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such
Virtual Items. You acknowledge and agree that COMPANY shall have no liability for loss of
Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password
mining, social engineering, and/or any other unauthorized third party activity. COMPANY may
replace such lost Virtual Items at its sole discretion on a case-by-case basis, without
incurring any further obligation or liability. COMPANY owns, has licensed, or otherwise has
rights to use all of the content that appears on or in the Service. Notwithstanding any
provision to the contrary herein, you agree that you have no right or title in or to any content
that appears in the Service, including without limitation the Virtual Items therein, whether
“earned” in a game or “purchased” from COMPANY.
- Loyalty Points
You may have the opportunity to accumulate “Loyalty Points” through your use of the Service.
Loyalty Points are virtual in-game points that you can use to “purchase” other Virtual Items
within the Service. As with all Virtual Items, you do not in fact own the Loyalty Points you
accumulate and the amounts of any Loyalty Points you accumulate do not refer to any credit
balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing”
Loyalty Points, you are merely granted a limited license to use the software programs that
manifest themselves as the Loyalty Points. In the event COMPANY encounters issues with the game
that impact the accumulation of Loyalty Points and/or the redemption of Rewards, COMPANY
reserves the right to correct any such errors.
- Accumulating Loyalty Points
You may accumulate Loyalty Points by taking certain actions while using the Service. For
example, you may earn Loyalty Points by posting your in-game achievements to your social media
account, “liking” certain aspects of the Service, playing the games for a specified duration, or
participating in certain in-game offers. The foregoing list is solely for purposes of example
and explanation and is not meant to be exclusive or exhaustive. Loyalty Points are NOT and WILL
NOT be awarded or earned in any way related to or based upon the outcome of any game you play
during your use of the Service.
- Using Loyalty Points
You may exchange your accumulated Loyalty Points for in-game Virtual Items in the Service. You
may also exchange your Loyalty Points for Rewards in the “Rewards” area of the Service. In order
to redeem a Reward, you must have a valid account connected with the Application. The first time
you exchange your Loyalty Points for Rewards, you will be asked to provide your name and e-mail
address. The name you provide must match the name that appears on a government-issued
identification belonging to the person who has accumulated the Loyalty Points through his/her
use of the Service.
Once you have exchanged Loyalty Points for a Reward, you are said to have “purchased” that
Reward. After purchasing your Reward, you will have a limited period of time in which complete a
“redemption process” by following a defined “redemption method.” Redeeming a reward that has
been purchased in the Service secures that reward for your specific use at a particular time.
When the redemption process is complete, you may then “use” the reward. A Reward is considered
“used” at the moment when it is consumed.
- Inactive Accounts
If you do not use your Account by logging in using the Service at least once every 30 days,
your Account will be deemed inactive. You can, at any time, reactivate your Account by logging
in and using the Service. When an Account has been deemed inactive, COMPANY may, at its own
discretion, expire any Loyalty Points accumulated by you. Once your account is deemed inactive,
any Rewards which have been purchased but not yet redeemed may also be expired at the discretion
of COMPANY.
- Third Party Providers of Goods and Service
Our Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or
terminate any program they offer or any aspects and/or terms and conditions thereof, in whole or
in part, at any time, with or without notice and for any or no reason. You hereby agree that
COMPANY shall have no liability to you as a result of such action by a Partner.
- Termination
COMPANY may terminate or suspend your Account (including, but not limited to, suspending your
ability to purchase, redeem or consume Rewards) and/or your access to Service (including, but
not limited to, restricting your ability to use the Application) at any time, including for
breach of these Terms or otherwise, without notice and without liability to you. Upon any such
termination, your access to the Service, including all User Content (as defined below) and
Virtual Items, will be disabled and you will lose any Loyalty Points that you have accumulated.
COMPANY shall have the right, but not obligation, to store any User Content subsequent to any
such termination. You may cancel your Account at any time by discontinuing your use of the
Service and/or the Application. COMPANY is in no way liable to you for the effects of any
termination or cancellation on your use of the Service or the Virtual Items you have
accumulated.
- User Content and Feedback
The Service may include various forums, blogs, and chat rooms where you and other users can
post your observations and comments on designated topics (“User Content”). COMPANY cannot
guarantee that other users will not use the ideas and information that you share. Therefore, if
you have an idea or information that you would like to keep confidential do not post it on the
Service. COMPANY IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY
CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION,
YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE
PROVIDER OR OTHER USERS. By making available any User Content through the Service, you hereby
grant to COMPANY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free
license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell,
transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and
otherwise exploit such User Content only on, through or by means of the Service. COMPANY does
not claim any ownership rights in any such User Content and nothing in these Terms will be
deemed to restrict any rights that you may have to use and exploit any such User Content. You
acknowledge and agree that you are solely responsible for all User Content that you make
available through the Service. Accordingly, you represent and warrant that: (i) you either are
the sole and exclusive owner of all User Content that you make available through the Service or
that you have all rights, licenses, consents and releases that are necessary to grant to COMPANY
the rights in such User Content as contemplated under these Terms; and (ii) neither the User
Content nor your posting, uploading, publication, submission or transmittal of the User Content
or COMPANY’s use of the User Content (or any portion thereof) on, through or by means of the
Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark,
trade secret, moral rights or other proprietary or intellectual property rights, or rights of
publicity or privacy, or result in the violation of any applicable law or regulation.
COMPANY may or may not regulate User Content and provides no representations or guarantees
regarding the accuracy, quality, or integrity of any User Content posted on the Service. You
acknowledge that chats, postings, or materials posted by users are neither endorsed nor
controlled by COMPANY, and these communications should not be considered reviewed or approved by
COMPANY. By using the Service, you acknowledge and accept that you may be exposed to material
you find offensive or objectionable. You are solely responsible for your activities in
connection with User Content and you agree that COMPANY will not under any circumstances be
responsible or liable for any User Content, including, but not limited to, errors in any User
Content or any loss or damage incurred by use of the User Content or for any failure to or delay
in removing User Content.
COMPANY reserves the right (but shall at no time be obligated) to, in its sole discretion,
remove, block, edit, move, disable or permanently delete User Content from the Service with or
without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted
by applicable law, COMPANY shall at no time be responsible or held liable for the removal,
modification or blocking of material or User Content that may be considered offensive and shall
at no time be obligated to effect such removal other than under applicable law. COMPANY welcomes
and encourages your feedback, comments and suggestions for improvements to the Service
(“Feedback”). You may submit Feedback using the contact information provided on the Site. You
acknowledge and agree that all Feedback will be the sole and exclusive property of COMPANY and
you hereby irrevocably assign to COMPANY and agree to irrevocably assign to COMPANY all of your
right, title, and interest in and to all Feedback, including without limitation all worldwide
patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual
property rights therein. At COMPANY’s request and expense, you will execute documents and take
such further acts as COMPANY may reasonably request to assist COMPANY to acquire, perfect, and
maintain its intellectual property rights and other legal protections for the Feedback.
- General Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Service and to be
bound by these Terms. You agree that you will comply fully with all applicable laws,
regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not
defraud, or attempt to defraud, COMPANY or other users, and that you shall not act in bad faith
in your use of the Service. If COMPANY determines that you do act in bad faith in violation of
these Terms, or if COMPANY determines that your actions fall outside of reasonable community
standards, COMPANY may, at its sole discretion, make adjustments to the number of Loyalty Points
associated with your Account, terminate your Account and/or prohibit you from using the Service.
By way of example, you specifically agree that you shall not:
- Download the Application, create an Account or access or use any part of the Service if you are under the age of 18;
- Use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
- Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;
- Access, tamper with, or use non-public areas of the Service, COMPANY computer systems, or the computer systems of our providers and partners;
- Attempt to probe, scan, or test the vulnerability of any COMPANY system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by COMPANY or any of our providers or any other third party (including another user) to protect the Service or any part thereof;
- Attempt to use the Service on or through any platform or service that is not authorized by COMPANY;
- Post, upload, publish, submit, provide access to or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting the COMPANY’s game environment, or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users;
- Engage in any act that conflicts with the spirit or intent of the Service, including but not limited to, manipulating or circumventing game policies, game rules or these Terms;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
- Send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation;
- Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than yourself or otherwise attempt to override or avoid any Loyalty Points or Rewards limits or restrictions established by COMPANY and/or any Rewards Partner;
- Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;
- Upload or transmit (or attempt to upload or to transmit), without COMPANY’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies or other similar devices;
- Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
- Exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;
- Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
- Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without COMPANY’s written permission;
- Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without COMPANY’s permission;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable law or regulation;
- Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or
- Encourage or enable any other individual or group to do any of the foregoing.
- Intellectual Property Ownership
The Service and all content thereon or therein are protected by copyright, trademark, and other
laws of the United States and foreign countries. Except as expressly provided in these Terms,
COMPANY and its licensors exclusively own all right, title and interest in and to Service and
all content thereon or therein, including all associated intellectual property rights. You will
not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights
notices incorporated in or accompanying the Service. You agree that you shall not:
- Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without COMPANY’s explicit, prior written permission;
- Use, display, mirror or frame the Service, or any individual element within the Service;
- Use the intellectual property of COMPANY, or any COMPANY licensor, to adapt, modify or create derivative works based on such intellectual property;
- Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
- Use or reproduce any COMPANY licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
- Links to Third Party Sites
The Service may contain links to third-party websites or resources that are not owned or
controlled by COMPANY. You acknowledge and agree that COMPANY is not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or (ii) the content, products,
or services on or available from such websites or resources. COMPANY does not control nor does
it review, research, verify, validate or approve the third-party sites to which the Service may
be linked. Such links, therefore, do not imply any endorsement by COMPANY of such websites or
resources or the content, products, or services available from such websites or resources. You
acknowledge sole responsibility for and assume all risk arising from your use of any such
websites or resources.
- DMCA Notice
If you are a copyright owner or an agent thereof and believe your work is the subject of
copyright infringement on the Service, you may submit a notification of claimed infringement
under the Digital Millennium Copyright Act (“DMCA”) by providing notice to COMPANY’s Designated
Agent the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
COMPANY’s Designated Agent for claims of copyright infringement can be reached as follows: by
e-mail at [email protected] or
by mail at: Lele Play Limited, 3rd Floor, G438, Haoda Building, No. 35 Haisheng Road, Xiuying Street, Xiuying District, Haikou
City, Hainan Province, China.
You acknowledge that if you fail to comply with substantially all of the above requirements of
this section your DMCA notice may not be valid and we may not be able to remove infringing
content.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly
materially misrepresents that material or activity is infringing may be subject to liability.
- Updates to the Site and Service; Maintenance
You acknowledge and agree that COMPANY may update the Service with or without notifying you.
COMPANY may require that you accept updates to the Service and you may also need to update third
party software from time to time in order to receive the Service. COMPANY conducts maintenance
work on its system from time to time. A portion, or sometimes all, of the features of the
Service will not be available during maintenance periods. All problems encountered during the
use of the Service, including those with regard to your Account, can be reported to COMPANY when
the problem is encountered [email protected].
- Dispute Resolution and Arbitration
If you live in the United States or another jurisdiction that allows you to agree to
arbitration, you and COMPANY agree that all Disputes, as defined below, between you and COMPANY
will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits
this arbitration agreement, (2) if you opt out of this arbitration agreement as described in
section (e) below, or (3) to certain types of Disputes described in section (e) below. Please
read this provision carefully.
- Purpose & Disputes Covered
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and
efficient resolution of any disputes that may arise between you (including anyone acting on your
behalf, asserting your rights, or seeking damages or losses incurred by you) and COMPANY.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their
rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their
disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an
arbitration agreement, you may otherwise have a right or opportunity to bring claims in court,
before a judge or jury, and/or participate in or be represented in a case filed in court by
others (including, but not limited to, class actions or representative actions). Arbitration
replaces the right to go to court. Except as otherwise provided herein, by agreeing to these
Terms, you waive your right to litigate claims in court and waive the right to have your claims
heard by a judge or jury. There is no judge or jury in arbitration, and court review of an
arbitration award is limited. The arbitrator must follow this agreement and can award the same
damages and relief as a court (including attorneys’ fees).
When you first consent to these Terms, you have the right to opt-out of this Provision, which
means you would retain your right to litigate your disputes in a court, either before a judge or
jury. If you have previously consented to arbitrate, then you may only opt out of the revised
arbitration procedure contained herein, and the last Terms of Service that you agreed to will
govern our relationship going forward. For the purpose of these Terms, including this Provision
specifically, “Dispute” means any dispute, claim, or controversy between you and COMPANY
regarding any aspect of your relationship with COMPANY, whether based in contract, statute,
regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent
inducement, or negligence), or any other legal or equitable theory, and includes the validity,
enforceability or scope of this Provision (with the exception of the enforceability of the Class
Action Waiver clause below). “Dispute” shall include any Dispute brought by any individual
purporting to act on Your behalf or any individual or actor who purports to seek damages,
recovery, or relief for injury associated with or suffered by you. “Dispute” is to be given the
broadest possible meaning that will be enforced.
- Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED
ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE
FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN
ACCORDANCE WITH THIS PROVISION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO
PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE
PROCEEDING.
You understand and agree that by entering into this agreement you and COMPANY are each waiving
the right to a jury trial or a trial before a judge in a public court. In the absence of this
Provision, you and COMPANY might otherwise have had a right or opportunity to bring Disputes in
a court, before a judge or jury, and/or to participate or be represented in a case filed in
court by others (including class actions). Except as otherwise provided below, those rights are
waived. Other rights that you would have if you went to court, such as the right to appeal and
to certain types of discovery, may be more limited or may also be waived.
- Class Action Waiver
YOU AND COMPANY AGREE THAT YOU AND COMPANY MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE
OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION
(WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE
CONSIDERED IN A SINGLE ACTION), OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU AND COMPANY
EACH AGREE THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS OR REPRESENTATIVE PROCEEDING.
Except as otherwise provided in this Provision, the arbitrator shall have no authority to
consider or resolve any claim or issue any relief on any basis other than an individual basis.
The arbitrator shall have no authority to consolidate more than one person’s claims, and may not
otherwise preside over any form of a class or representative proceeding or claims (such as a
class action, claim on behalf of a third-party, consolidated action or private attorney general
action, or any type of action where you seek to recover for damage sustained on behalf of a
third-party) unless both you and COMPANY specifically agree to do so following initiation of the
arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the
individual party seeking relief and only to the extent necessary to provide relief warranted by
that party’s individual claim(s).
Notwithstanding any other provision of these Terms or the rules of the arbitration provider,
disputes regarding the interpretation, applicability, or enforceability of this Class Action
Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the
dispute is filed as a class, collective, or representative action and (2) there is a final
judicial determination that the Class Action Waiver is unenforceable with respect to any claim
or any particular remedy for a claim (such as a request for public injunctive relief), then that
claim or particular remedy (and only that claim or particular remedy) shall be severed from any
remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but
the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other
claims or remedies to the fullest extent possible.
If you choose to pursue your Dispute in court by opting out of this Provision, as specified in
section (e) below, this Class Action Waiver will not apply to you. Neither you, nor any other
user of the Services can be a class representative, class member, or otherwise participate in a
class, consolidated, or representative proceeding without having complied with the opt-out
requirements below.
- Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give COMPANY an
opportunity to resolve the Dispute, and during such resolution process, both you and the COMPANY
agree to participate in good faith. You must commence this process by providing written
notification to:
3rd Floor, G438, Haoda Building, No. 35 Haisheng Road, Xiuying Street, Xiuying District, Haikou
City, Hainan Province, China
That written notification must include (1) your name, (2) your address, (3) a written
description of your Claim, (4) identification of the Application or service at issue, (5) your
numerical User ID for each Application or service at issue, and (6) a description of the Dispute
and the specific relief you seek. If COMPANY does not resolve the Dispute within 45 days after
it receives your written notification, you may pursue your Dispute in arbitration. You may
pursue your Dispute in a court only under the circumstances described below.
- Exclusions from Arbitration/Right to Opt-Out
Notwithstanding the above, you or COMPANY may choose to pursue a Dispute in court and not by
arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU
PROVIDE THE COMPANY WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES
WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out
Notice”). To opt-out of these arbitration procedures, you must provide written notification to:
3rd Floor, G438, Haoda Building, No. 35 Haisheng Road, Xiuying Street, Xiuying District, Haikou
City, Hainan Province, China
Your written notification must include (1) your name, (2) your address, (3) your numerical User
ID; and (4) a clear statement that you do not wish to resolve disputes with COMPANY through
arbitration. Your decision to opt-out of this Provision will have no adverse effect on your
relationship with COMPANY. If you do not provide COMPANY with an Arbitration Opt-Out Notice
within 30 days from the date that you first consent to these Terms, you will be deemed to have
knowingly and intentionally waived your right to litigate any dispute except as expressly set
forth in clause (i) above.
Additionally, notwithstanding the above, COMPANY reserves the right to bring an action in any
court of competent jurisdiction against you to stop and/or seek compensation for the intentional
or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property,
services, and products.
- Arbitration Procedures – United States Users
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration
Claim Resolution”) either you or COMPANY may initiate arbitration proceedings. The parties may
appoint a single arbitrator by mutual consent; otherwise, ADR Services, Inc.,
www.adrservices.com, (415) 772-0900, will administer the arbitration of all Disputes, and the
arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as
an individual arbitration. Unless both you and the Company agree in writing, the arbitrator
shall have no authority to consolidate more than one person’s claims, and may not otherwise
preside over any form of any class or representative proceeding. Except as provided in Section
18(c) above, all issues shall be for the arbitrator to decide, including the scope and
enforceability of this agreement to arbitrate, as well as any dispute related to its
interpretation, applicability, or formation, including any claim that all or any part of it is
void or voidable. But a court has exclusive authority to enforce the Class Action Waiver, which
prohibits arbitration on a class-wide basis or in a representative capacity. Likewise, a court
has exclusive authority to enjoin any arbitration proceedings that do not comply with these
Terms, including Section 18 specifically.
ADR Services, Inc.’s Arbitration Rules shall apply to any arbitration, however, this Provision
shall govern in the event it conflicts with the applicable arbitration rules. Under no
circumstances will class action procedures or rules apply to the arbitration. Because the
Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”)
governs the arbitrability of all Disputes.
- Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will not have the power to award to any claimant any damages incurred by a third party or relief for any harm incurred by a third party. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Location of Arbitration – For Disputes between the COMPANY and users who are residents of the United States, you or COMPANY may initiate arbitration in either Los Angeles, California, or San Francisco, California. However, when required by law, the arbitrator shall be authorized to convene a hearing in a different location, and in such instances and only to the extent required by law, COMPANY will pay the cost of the arbitrator’s travel. For any user who lives more than 50 miles from the location of the arbitration, COMPANY will pay the user’s reasonable cost of travel, as determined by the arbitrator, to any in-person hearing, in the event the user chooses to attend the hearing in person. Any party shall be entitled to participate in any merits evidentiary hearing or pre- or post-hearing proceeding telephonically or via videoconference, and any proceedings other than the merits evidentiary hearing will presumptively be conducted telephonically or by videoconference unless contrary to law.
- Payment of Arbitration Fees and Costs – Unless otherwise provided herein, each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. Unless otherwise provided herein, You are responsible for all fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
- Arbitration Procedures – Users Outside the United States
For Disputes between the COMPANY and users who are not residents of the United States that are
not resolved through the Pre-Arbitration Claim Resolution procedures set forth above, either you
or COMPANY may initiate arbitration by submitting the Dispute to the Hong Kong International
Arbitration Centre (“HKIAC”) for arbitration. Such arbitration shall be conducted exclusively in
Hong Kong, at HKIAC, in accordance with the UNCITRAL Arbitration Rules in effect at the time of
applying for arbitration. The appointing authority shall be HKIAC. The language to be used in
the arbitral preceding shall be English. In such arbitration before HKIAC, this Agreement shall
be construed in accordance with and governed by the laws of Hong Kong, regardless of choice of
laws or conflicts of laws.
The arbitral award is final and binding upon both parties and the award shall be rendered in
the English language pursuant to the laws of Hong Kong. No demand for arbitration may be made
after the date when the institution of legal or equitable proceedings based on such claim or
dispute would be barred by the applicable statute of limitation.
- Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found
to be illegal or unenforceable, that clause will be severed from this Provision, and the
remainder of this Provision will be given full force and effect. If the Class Action Waiver
clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and
the Dispute will be decided by a court.
- Continuation
This Provision shall survive this Agreement, the termination of your Account (if applicable),
and/or your access to or use of the Service.
- Disclaimer of Warranties
The Service (including the Application) and all content thereon or therein are provided “as
is”, without warranty of any kind, either express, implied or statutory. Without limiting the
foregoing, COMPANY our partners, and our and their respective affiliates, subsidiaries,
officers, directors, employees, agents and licensors (collectively, the “COMPANY Parties”)
explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet
enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of
trade. The COMPANY Parties make no warranty that the Service will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. The COMPANY Parties make no warranty
regarding the quality of any products, services or content obtained through the service or the
accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through
service.
You are solely responsible for all of your communications and interactions with other users of
the Service and with other persons with whom you communicate or interact as a result of your use
of the Service. You understand that COMPANY does not screen or inquire into the background of
any users of the Service, nor does COMPANY make any attempt to verify the statements of users of
the Service. The COMPANY Parties make no representations or warranties as to the conduct of
users of the service or their compatibility with any current or future users of the service. You
agree to take reasonable precautions in all communications and interactions with other users of
the service and with other persons with whom you communicate or interact as a result of your use
of the service, particularly if you decide to meet offline or in person. Some jurisdictions do
not allow the disclaimer of implied terms in contracts with consumers and as a result the
disclaimers of this section
- Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising
out of your access to and use of the service, including the application, remains with you.
Neither the COMPANY Parties nor any other party involved in creating, producing, or delivering
the service will be liable for any incidental, special, exemplary or consequential damages,
including lost profits, loss of data, loss of goodwill, service interruption, computer damage or
system failure, the cost of substitute products or services, or for any damages for personal or
bodily injury or emotional distress arising out of or in connection with these terms or from the
use of or inability to use the service, or from any communications, interactions or meetings
with other users of the service or other persons with whom you communicate or interact as a
result of your use of the Service, whether based on breach of warranty, breach of contract, tort
(including negligence), product liability or any other legal theory, and whether or not the
company parties have been informed of the possibility of such damage, even if a limited remedy
set forth herein is found to have failed of its essential purpose.
In no event will the COMPANY Parties’ aggregate liability arising out of or in connection with
these terms or from the use of or inability to use the services, any part thereof, or any
content exceed five hundred dollars ($500). The limitations of damages set forth above are
fundamental elements of the basis of the bargain between COMPANY and you. Some jurisdictions do
not allow the exclusion or limitation of liability for consequential or incidental damages, so
the above limitation may not apply to you.
- Indemnity
You agree to indemnify, save, and hold the COMPANY Parties harmless from any claims, losses,
damages, liabilities, including legal fees and expenses, arising out of your use or misuse of
the Service, any violation by you of these Terms, any of your User Content, or any breach of the
representations, warranties, and covenants made by you herein. COMPANY reserves the right, at
your expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify COMPANY, and you agree to cooperate with COMPANY’s defense of these
claims. COMPANY will use reasonable efforts to notify you of any such claim, action, or
proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section
will survive this Agreement, the termination of your Account (if applicable), and/or your access
to or use of the Service.
- Additional Mobile Application Terms
The following additional terms and conditions apply with respect to any Application that
COMPANY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Apple, Inc.
(“Apple”).
Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App
Store Terms of Service.
COMPANY, and not Apple, is solely responsible for our iOS App and the services and content
available thereon. You acknowledge that Apple has no obligation to provide maintenance and
support services with respect to our iOS App. To the maximum extent permitted by applicable law,
Apple will have no warranty obligation whatsoever with respect to our iOS App and any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS
App to conform to any warranty.
You agree that COMPANY, and not Apple, is responsible for addressing any claims by you or any
third party relating to our iOS App or your possession and/or use of our iOS App, including, but
not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform
to any applicable legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation, and all such claims are governed solely by these Terms and
any law applicable to us as provider of the iOS App.
You agree that COMPANY, and not Apple, shall be responsible, to the extent required by these
Terms, for the investigation, defense, settlement and discharge of any third party intellectual
property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or
restricted parties.
You agree to comply with all applicable third party terms of agreement when using our iOS App
(e.g., you must not be in violation of your wireless data service terms of agreement when using
the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as
they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will
have the right (and will be deemed to have accepted the right) to enforce these Terms against
you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that
COMPANY provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Google, Inc.
(“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Terms of
Service.
COMPANY, and not Google, is solely responsible for the Android App, the services and content
available thereon and the support and maintenance thereof. Google has no obligation or liability
to you with respect to the Android App or these Terms.
- SMS Terms and Conditions
To join Lotsa Slots' SMS chat based support program, text the keyword JOIN to the 10DLC number
provided to opt-in!
Message frequency varies. Message and data rates may apply.
For additional help, reply HELP or call us at ”+1(332)217-6539” for more assistance.
To discontinue receiving messages, reply STOP to any message.
Carriers are not liable for any delayed or undelivered messages.
- Controlling Law and Jurisdiction
To the extent these Terms allow you or COMPANY to initiate litigation in a court, other than
for small claims court actions, you and COMPANY agree to the exclusive jurisdiction of and venue
in the state and federal courts located in San Francisco, California. You and COMPANY each
hereby waives any objection to jurisdiction and venue in such courts. Any litigation in a court
that arises out of, or is in any way related to, enforcing Section 18 of these Terms shall take
place in a state or federal court located in San Francisco, California.
Except as provided in the “Dispute Resolution and Arbitration Provision” (above), these Terms,
your use of the Services, and all claims or causes of action (whether in contract, tort, or
statute), that may be based upon, arise out of, or relate to these Terms, shall be governed by
and enforced in accordance with the laws of the State of California, including its statutes of
limitation, without regard to its conflict of laws provisions. If you reside in a country in
which this clause is prohibited by law, this section does not apply to you.
- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between COMPANY and
you regarding the Services, and these Terms supersede and replace any and all prior oral or
written understandings or agreements between COMPANY and you regarding the Services.
- Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without COMPANY’s
prior written consent. Any attempt by you to assign or transfer these Terms, without such
consent, will be of no effect. COMPANY may assign or transfer these Terms, at its sole
discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to
the benefit of the parties, their successors and permitted assigns.
- Notices
Any notices or other communications permitted or required hereunder, including those regarding
modifications to these Terms, will be in writing and given by COMPANY (i) via e-mail (in each
case to the address that you provided by your Facebook Login) or (ii) by posting to the Service.
Notices sent by email will be effective when we send the email, and notices we provide by
posting to the Service will be effective upon posting. For all United States users, any notices
or other communications permitted or required hereunder by you, shall be in writing and
addressed to: Lele Play Limited, 2021 Fillmore St. #93, San Francisco, CA 94115. For all other
users, any notices or other communications permitted or required hereunder by you, shall be in
writing and addressed to Lele Play Limited, 3rd Floor, G438, Haoda Building, No. 35 Haisheng Road, Xiuying Street, Xiuying District, Haikou
City, Hainan Province, China. Any notices that you provide without compliance with this section shall
have no legal effect.
- California Consumer Notice
Under California Civil Code section 1789.3, California users are entitled to the following
consumer rights notice: The Service is provided by Lele Play Limited, 3rd Floor, G438, Haoda Building, No. 35 Haisheng Road, Xiuying Street, Xiuying District, Haikou
City, Hainan Province, China. If you have a question or complaint regarding the
Service, you may contact us via e-mail for Happy of Vegas at [email protected];
You may also contact us by writing to Lele Play Limited, 3rd Floor, G438, Haoda Building, No. 35 Haisheng Road, Xiuying Street, Xiuying District, Haikou
City, Hainan Province, China.
California residents may reach the Complaint Assistance Unit of the Division of Consumer
Service of the California Department of Consumer Affairs by post at 1625 North Market Blvd.,
Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at
TDD (800) 326-2297 or TDD (916) 322-1700.
- Force Majeure
In delivering the Services or providing the Applications, COMPANY shall not be liable with
respect to any damages, injuries, nonperformance or delay in performance by reason of any act of
God, weather, fire, flood, plague, acts of terror or foreign enemy, satellite or network
failure, governmental order or regulation, trade dispute, or any other cause beyond its
respective control.
- Waiver; Severability
The failure of COMPANY to enforce any right or provision of these Terms will not constitute a
waiver of future enforcement of that right or provision. The waiver of any such right or
provision will be effective only if in writing and signed by a duly authorized representative of
COMPANY. Except as expressly set forth in these Terms, the exercise by either party of any of
its remedies under these Terms will be without prejudice to its other remedies under these Terms
or otherwise. If for any reason a court of competent jurisdiction finds any provision of these
Terms invalid or unenforceable, that provision will be enforced to the maximum extent
permissible and the other provisions of these Terms will remain in full force and effect.
- Subscription Terms
Lele is pleased to offer subscription services for some of its games. Our subscription
services include a recurring payment plan for our Services, including Virtual Items, as defined
in our Terms of Service.
By clicking the purchase button within one of our games or by purchasing a subscription through
a platform provider such as Google or Apple, you are agreeing to purchase a subscription, are
requesting that Lele begin supplying the subscription services immediately, are entering into a
periodic subscription contract with Lele, and are authorizing a charge of a periodic
subscription fee to you at the rate quoted at the time of purchase. Your subscription will
automatically renew at the start of each billing period unless and until you cancel your
subscription or we terminate it. Please note that subscription prices, charges and service
offerings are subject to change. If Lele makes a change to the subscription rate, we will let
you know in advance.
Your purchase of a Lele subscription service will be processed through a platform provider,
such as Apple or Google. The platform will charge you for the subscription fee and the
platform’s payment terms will apply. You may cancel your subscription service at any time
directly through the platform. Please review the appropriate platform’s terms of service and
payment terms for additional information.
ANY SUBSCRIPTION PAYMENTS THAT HAVE ALREADY BEEN PROCESSED ARE NONREFUNDABLE AND THERE ARE NO
REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.
Lele may occasionally offer promotions to players who agree to start a subscription or who
already have a current subscription. These promotional items will not be a part of your ongoing
subscription.
Please also refer to our Terms
of
Service and Terms of
Service,
which govern use of Lele’s games and services.
If you have any questions regarding our subscription services, please contact our customer
support team at [email protected].
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR
CONTRACTUAL EFFECT.