Effective Date: January 21, 2020
These Terms of Service are a binding agreement between you and Left On Read, LLC (“Left On Read”) that governs your use of the Service. The “Service” means (i) the mobile application currently known as “Left On Read”, (ii) (collectively, together with any other websites controlled by Left On Read, the “Sites”), including any services, features and content accessible or downloadable from the Sites, and (ii) any other Left On Read application, service or product licensed, downloaded or otherwise accessed by you through third party websites or sources. These Terms of Service include and hereby incorporate Left On Read’s Copyright Policy.
Please carefully read these Terms of Service. By registering for an Account or otherwise using the Service, you represent that (1) you are age 13 or older (16 or older in the EU/EEA), (2) you understand and agree to these Terms of Service, and (3) if you are between the ages of 13 and 18 (between 16 and 18 in the EU/EEA), your legal guardian has reviewed and agrees to these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Left On Read reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Site. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise expressly stated, all amended terms shall automatically be effective immediately when posted.
These Terms of Service may not be otherwise amended except in a writing signed by you and Left On Read. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature. If at any point you do not agree to any portion of the then-current version of the Terms of Service, the Privacy Policy, or any other Left On Read policy or rules relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service. To the extent the Terms of Service or Privacy Policy conflict with any other terms, policy or rules of Left On Read, the terms contained in these Terms of Service and in the Privacy Policy shall govern.
Except as may be expressly specified otherwise by Left On Read with respect to paid portions of the Service, Left On Read reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.
Left On Read grants to you a limited, non-exclusive, non-transferable, non-sublicensable revocable license to use and display the following: (a) the portions of the Service that are freely accessible from the Left On Read Site or that are, with Left On Read’s authorization, made freely accessible from third party websites or sources, and (b) such other portions of the Service accessible on a “for-payment” basis, provided that you have paid the applicable fees and satisfied all applicable conditions. The license in the preceding sentence is (i) solely for your personal, non-commercial use; (ii) solely for a single computer to access the Site and solely on a device to access applications; and (iii) subject to your compliance at all times with these Terms of Service.
You agree not to (and not to attempt to): (i) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Service; or (ii) use the Service for any use or purpose other than as expressly permitted by these Terms of Service. Neither Left On Read nor any of the Left On Read Parties (as defined below) grant to you any licenses or rights except for the licenses and rights expressly granted in these Terms of Service.
You may register to play our games through the Service (the “Account”). As part of this registration process, you may be asked to provide information about yourself in order to use the Service. You agree to provide and maintain (updating as necessary) true, accurate, complete and current information as requested by the Service. If you provide any information that is untrue, inaccurate, incomplete or not current, Left On Read has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.
You are responsible for maintaining the confidentiality of your Account. You are fully responsible for all activities that occur under your Account with or without your knowledge. You agree to notify left On Read immediately of any unauthorized use of your Account or any other breach of security related to your Account.
As between you and Left On Read, Left On Read and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials, except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Service. You shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).
You agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions. All rights not expressly granted by these Terms of Service are reserved by Left On Read and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by left On Read and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).
“Service Materials” means all information and materials that are part of the Service, including without limitation the following: any and all copyrightable material, including software; the “look and feel” of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; photographs; graphics; artwork, characters, animations, layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; and User Content.
The following restrictions and rules apply to your use of the Service. As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service itself.
You further agree not to:
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(ii) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(iii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;
(iv) use the Service to harm minors in any way;
(v) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
(vi) defraud or mislead Left On Read or other users;
(viii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(ix) create any Account by automated means or false pretenses or use any other user’s Account for any purpose, including to circumvent a suspension or ban; or
(x) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the Left On Read experience to the detriment of fair play.
You also agree to comply with all applicable laws or other rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws or other rules regarding the transmission of technical data exported from the United States or the country in which you reside.
In addition, you agree not to use the Service or any portion of the Service to commit actions that Left On Read considers, in its sole discretion, to be detrimental in any way to the Service or to any user’s enjoyment of the Service.
Left On Read reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the these Terms of Service or the Service itself and to take action as a result, which may include termination of your Account and exclusion from further participation in the Service.
You are responsible for any fees, including data, access, and usage fees charged by an internet provider or mobile carrier, that you incur when accessing the Service.
The Service may include virtual currency, such as coins, points or similar items that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (“Virtual Currency”). The Service may also include virtual digital items, such as commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (“Virtual Goods”). Left On Read reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods. Left On Read shall have no liability to you or any third party in the event that Left On Read exercises any such rights. You have no right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service except the following: You will have a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Service, Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Left On Read.
You agree that the transfer of Virtual Currency and Virtual Goods is prohibited except where expressly authorized in the Service. Also, outside of the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to Left On Read, any other user of the Service or any other party.
You agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, unless Left On Read or the applicable third party platform decides in its sole and absolute discretion to provide a refund. You agree that in the event that these Terms of Service, your Account or the Service is terminated for any reason, which may include without limitation Left On Read’s discontinuation for any reason of the applicable portion of the Service, you will forfeit all Virtual Currency and Virtual Goods and Left On Read will have no liability to you in connection with that forfeiture.
“Feedback” means any comments, suggestions or feedback about, or in connection with, the Service that you provide toLeft On Read. You agree that any Feedback shall be the exclusive property of Left On Read, and you hereby assign all rights, title and interest in and to such Feedback to Left On Read. You agree that unless otherwise prohibited by applicable law, Left On Read may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without compensation to you.
You may terminate your Account at any time and for any reason by sending an email to contact@gmail.com. Upon your termination of your Account,Left On Read shall no longer have the right to use or commercialize Your Content via any media that it had not used or commercialized Your Content at the time of such termination. Notwithstanding the foregoing, Left On Read shall retain the rights in and to Your Content granted in these Terms of Service to the extent necessary to use or commercialize any Left On Read Created Materials in any and all media formats and through any and all media channels and distribution methods (now known or hereafter developed). In addition, following termination of your Account, you shall have no further right to edit any animation generated during of the use of the Service or to create a sequel to such animation.
Left On Read may terminate these Terms of Service, your Account and your access to the Service (or, at Left On Read’s sole option, applicable portions of the Service) at any time and for any reason. In addition, Left On Read may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if Left On Read suspects or determines that you may have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by Left On Read; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Left On Read, any third parties or the Service itself.
You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your user names, avatars, characters and achievements, Virtual Currency and Virtual Goods. You will not be entitled to and Left On Read will not be liable to you or any third party for any refund, reimbursement or other liability as a result of any termination permitted under these Terms of Service for any reason, whether by you or Left On Read. Left On Read reserves the right to refuse to keep Accounts for or provide the Service to any individual. You shall not allow individuals whose Accounts have been terminated by Left On Read to use your Account.
These Terms of Service will remain effective until terminated. You agree that the following sections of these Terms of Service will survive any termination of these Terms of Service, your Account or the Service: Section 5 (Your Content; Service Materials), Section 6 (Trademarks), Section 7 (User Content (including Your Content)), Section 9 (Virtual Currency and Virtual Goods), Section 10 (Feedback), Section 11 (Termination), Section 12 (Disputes with Others), Section 13 (Disclaimers of Warranties and Damages, Limitations of Liability), Section 14 (Indemnification), Section 15 (Governing Law and Remedies), Section 16 (Links to Third Party Websites) and Section 17 (Miscellaneous Provisions).
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER Left On Read NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “Left On Read PARTIES”) WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU OR (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED.
UNDER THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Left On Read PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Left On Read PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE Left On Read PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO Left On Read IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID Left On Read ANY SUCH AMOUNTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Left On Read IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Left On Read or any otherLeft On Read Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of Left On Read’s and such Left On Read Party’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold Left On Read Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your Account) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your Account) use of the Service, (3) your (or anyone accessing the Service using your Account) violation of these Terms of Service, and (4) your (or anyone accessing the Service using your Account) violation of any rights of any other person or entity.Left On Read reserves the right, at your expense, to assume the exclusive defense and control of any indemnifiable matter and you agree to cooperate with Left On Read to defend these claims.
These Terms of Service and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to Left On Read under these Terms of Service are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Left On Read for which remedies at law are inadequate. Left On Read shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond) in the event of any breach or anticipatory breach by you. You hereby irrevocably waive all rights to seek injunctive or other equitable relief.
The Service may contain links to third party websites or resources. You acknowledge and agree that Left On Read 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. Links to such websites or resources do not imply any endorsement by Left On Read 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. Left On Read may remove any links at any time for any reason or for no reason.
(a) Access and Availability. You agree to be responsible for obtaining and maintaining all telephone, computer hardware, mobile devices and any other equipment needed for access to and use of the Service, and all charges related thereto. Left On Read operates and controls the Service from its offices in the United States. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Left On Read to any registration requirement within such jurisdiction or country.
(b) Entire Agreement. These Terms of Service, Privacy Policy, and additional Left On Read published policies and rules, constitute the entire agreement between you and Left On Read with respect to your use of the Service and any other subject matter hereof, supersede all prior understandings of the parties, whether electronic, oral or written, or whether established by custom, practice, policy or precedent and cannot be changed or modified by you except as expressly posted on the Service by Left On Read. Notwithstanding the foregoing, in the event that you enter into a consulting or similar agreement with Left On Read (or its parent or affiliates) (a “Consulting Agreement”) that relates to the ownership of Your Content, then, in the event of a conflict with these Terms of Service, such Consulting Agreement shall control.
(c) No Waiver. The failure of Left On Read to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.
(d) Assignment. These Terms of Service may not be assigned by you without Left On Read’s prior written consent, but are freely assignable by Left On Read.
(e) Compliance. Upon Left On Read’s request, you will furnish Left On Read any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service.
(f) Construction and Waiver of Defenses. You agree that these Terms of Service will not be construed against Left On Read by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
(g) Force Majeure. Left On Read shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of energy.
For all correspondence, please email us at contact@leftonreadapp.com