GENERAL
By agreeing to the Terms of Service (“TOS”), you, as the customer (“You”), acknowledge that Lucky7Winner welcomes you and provides its services subject to the following terms. These terms may be updated by Lucky7Winner at its discretion, with notice sent to you via email. Your agreement to the TOS is implied when you log into our system.
DESCRIPTION OF PRODUCTS & SERVICE
Lucky7Winner offers a user-friendly web service (“Service”) that enables the transmission of information via SMS text messages. By using the Service, you acknowledge that it may include certain email communications from Lucky7Winner, such as service announcements and administrative messages, which are considered part of your membership. Any new features that enhance or expand the current Service will also be subject to the TOS. You understand and accept that the Service is provided “AS-IS.” You are responsible for obtaining access to the Service, which may involve additional fees from third parties (e.g., internet service providers or airtime charges). You are responsible for these fees and must provide the necessary equipment to access the Service.
LUCKY7WINNER PRIVACY POLICY
To create your account, you are required to provide certain information to Lucky7Winner. Lucky7Winner will not release your information to anyone without your prior approval, except when required by law. As part of its service, Lucky7Winner collects phone numbers from individuals who access information via text message (SMS). These collected phone numbers will not be shared.
MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon completing the registration process, you will receive a password and account designation for the Service. It is your responsibility to maintain the confidentiality of your password and account, and you are fully responsible for all activities carried out under your password or account. You agree to immediately notify Lucky7Winner of any unauthorized use or security breaches and to log out of your account at the end of each session. Lucky7Winner is not liable for any loss or damage resulting from your failure to comply with these security measures.
MEMBER CONDUCT
You acknowledge and agree that Lucky7Winner may access, preserve, and disclose your account information and content if required by law or in good faith belief that such actions are reasonably necessary. This may include compliance with legal processes, enforcement of the TOS, responding to customer service requests, protecting the rights and safety of Lucky7Winner, its users, and the public, or responding to legally issued subpoenas or court orders.
You understand that the technical processing and transmission of the Service may involve transmissions over various networks and adaptations to meet technical requirements. The Service and software may include security components to protect digital materials, and their use is subject to Lucky7Winner’ usage rules. You may not attempt to bypass or circumvent these rules. Unauthorized reproduction, publication, distribution, or exhibition of materials provided by the Service is strictly prohibited.
INDEMNITY
You agree to defend, indemnify, and hold Lucky7Winner, its officers, agents, and employees harmless from any claims, complaints, demands, or lawsuits, including reasonable attorneys’ fees, made by any party due to or arising from your subscription with Lucky7Winner or your use of its services.
NO RESALE OF SERVICE
The Lucky7Winner service is non-transferable, and you may not reproduce, duplicate, copy, sell, trade, resell, or exploit any portion of the Service for commercial purposes.
MODIFICATIONS TO SERVICE
Lucky7Winner reserves the right to modify or discontinue the Service (or any part thereof) at any time and without notice.
TERMINATION
Lucky7Winner may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Termination causes may include breaches or violations of the TOS, requests from law enforcement or government agencies, self-initiated account deletions, discontinuance or modification of the Service, unexpected technical or security issues, or engagement in fraudulent or illegal activities. Termination of your account includes the deletion of your password and related information, as well as prohibiting further use of the Service. Lucky7Winner retains sole discretion in terminating accounts, and it shall not be liable to you for any such termination.
LUCKY7WINNER PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any accompanying software (“Software”) contain proprietary and confidential information protected by intellectual property and other laws. Unless expressly authorized by Lucky7Winner, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Lucky7Winner explicitly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Lucky7Winner makes no warranty that the Service will be uninterrupted, timely, secure, or error-free, that the results obtained from the Service will be accurate or reliable, or that any errors in the software will be corrected. Any advice or information obtained from Lucky7Winner or through the Service does not create any warranty not expressly stated in the TOS. Additionally, a small percentage of users may experience epileptic seizures or symptoms due to certain light patterns or backgrounds on a computer screen or while using the Service. If you or anyone in your family has an epileptic condition, consult a physician before using the Service. Discontinue use of the Service and consult a physician if you experience any symptoms such as dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, involuntary movements, or convulsions.
LIMITATION OF LIABILITY
You expressly understand and agree that Lucky7Winner shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to goodwill, use, data, or other intangible losses. This includes damages resulting from the use or inability to use the Service, the cost of procuring substitute goods and services, or any other matter related to the Service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.
NOTICE
Lucky7Winner may provide you with notices, including changes to the TOS, via email, regular mail, or postings on the Service.
TRADEMARK INFORMATION
The Lucky7Winner logo, trademarks, service marks, and other associated names are the property of Lucky7Winner. Lucky7Winner grants you permission to use its marks in advertising brochures, sign riders, and other marketing campaigns.
GENERAL INFORMATION
Entire Agreement: The TOS constitutes the entire agreement between you and Lucky7Winner, superseding any prior agreements regarding the Service.
Choice of Law and Forum: The TOS and your relationship with Lucky7Winner are governed by the laws of the State of Arizona, without regard to its conflict of law provisions. You and Lucky7Winner agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Arizona. The failure to exercise or enforce any right or provision of the TOS does not constitute a waiver of such right or provision. If any provision is found invalid, the parties agree that the court should try to give effect to their intentions as reflected in the provision, and the remaining provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability: Your Lucky7Winner account is non-transferable, and any rights to your account or its contents terminate upon your death. In the event of your death, upon receipt of a death certificate, your account may be terminated, and its contents permanently deleted.
Statute of Limitations: Any claim or cause of action arising from the use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arose or be forever barred, notwithstanding any contrary statute or law.
VIOLATIONS
To report any violations of the TOS, please contact the Violation Team at [email protected].
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