LuckyDiem Terms of Service
Welcome to the LuckyDiem experience! This website (the “Site”) and the mobile applications powered by LuckyDiem (each, a “Mobile Web App” and, together with the Site, the “Platform”) are owned or managed by EHO Entertainment Inc., dba LuckyDiem (“LuckyDiem”).
LuckyDiem provides the Platform and related programs and services (collectively, the “Services”) for your personal non-commercial use only and subject to your compliance with this Terms of Service Agreement (the “Agreement”). This Agreement sets forth LuckyDiem’s policies with respect to its operation of the Services. BY USING THE SERVICES, YOU ARE REPRESENTING AND WARRANTING THAT: (A) YOU ARE A LEGAL RESIDENT OF THE UNITED STATES; (B) YOU ARE EITHER (I) AT OR ABOVE THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE OR (II) IF A MINOR, AT LEAST EIGHTEEN (18) YEARS OF AGE AND HAVE YOUR PARENTS’ OR GUARDIANS’ CONSENT TO USE THE SERVICES; (C) YOU OWN OR HAVE SUFFICIENT AUTHORIZATION TO USE THE COMPUTER, MOBILE DEVICE, TECHNOLOGY OR OTHER DEVICE YOU USE TO ACCESS THE SERVICES (COLLECTIVELY, “DEVICE”); AND (D) YOU WILL ACCESS AND USE THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. YOUR USE OF ANY PART OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF AT ANY TIME YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
Certain programs or services offered by the Services, and certain areas within this and/or other Services may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those programs, services or areas. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or the Services. If there is an inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
QUICK CONTENT GUIDE
Privacy and Protection of Personal Information
LuckyDiem Rewards Program
LuckyDiem Services & Features
Use of Enrolled Cards and Transaction Information
Special Notes for Visa, MasterCard, and American Express Cardholders
Fees & Taxes
Disclaimer of Warranties
Limitations on Liability
Modification/Termination of the Services
Software And Downloads Available Through the Services
User Code of Conduct
Interactive Services and User Materials
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
International Use/U.S. Export Controls
Changes to this Agreement
Privacy and Protection of Personal Information
LuckyDiem Rewards Program
If you have registered for an account and are a member of the LuckyDiem Rewards Program, your participation in the LuckyDiem Rewards Program and related use of the Services are subject to the LuckyDiem Rewards Program.
The LuckyDiem Rewards Program allows you to receive cash back in the form of credits issued to your registered payment card when you make a Qualified Purchase at participating merchants as further described below. A “Qualified Purchase” is a purchase from a participating merchant using your registered card in accordance with the terms of the Offer and these Terms. An “Offer” is the cashback percentage or amount offered by the merchant, which may include, but not limited to, a minimum transaction amount, expiration date, any other additional terms or limitations associated with the offer.
THE LUCKYDIEM REWARDS PROGRAM IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE LUCKYDIEM REWARDS PROGRAM. BY USING THE LUCKYDIEM REWARDS PROGRAM, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE LUCKYDIEM REWARDS PROGRAM.
SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, EHO Entertainment Inc. grants you permission to access and use the LuckyDiem Rewards Program solely for your personal use, at the level for which you have registered, as set forth in these Terms and consistent with the intended features of the LuckyDiem Rewards Program.
In order to use the LuckyDiem Rewards Program, you must have a LuckyDiem account in good standing and you must enroll a valid, eligible credit or debit card by submitting your card information that EHO requests. You agree that the information you provide to EHO on registration and at all other times, will be true, accurate, current, complete and that you will keep this information accurate and up-to-date at all times and you represent and warrant that you are authorized to use the payment card that you submitted.
LuckyDiem Services & Features
As a registered user, you may earn points and/or rewards for completing Activities: taking polls; completing qualified purchase transactions; referring others and other such Activities. You should only attempt/complete Activities that you are genuinely interested in as not all are guaranteed to credit rewards. There is no guarantee that a registered user will receive rewards for Activities. We reserve the right to refuse credit for an Activity for a number of reasons, including, but not limited to, fraud, system abuse and early termination. You are doing all Activities on a voluntary basis with the understanding that no reward is guaranteed for the time you spend completing Activities.
Any gift cards in addition to points balances, are not redeemable for cash and cannot be exchanged, resold, or returned for a cash refund (except as required by law). Unused balances are not transferable. Before purchasing a reward, it is solely your responsibility to verify the relevant services are available in the country where you plan to redeem your reward. Neither LuckyDiem nor its affiliates are responsible for lost, stolen or malfunctioning rewards.
Use of Enrolled Cards and Transaction Information
By registering a payment card in connection with transaction monitoring, you authorize LuckyDiem to share your payment information with LuckyDiem’s Third Party Service Providers (including Figg, Inc. on behalf of EHO) to share your payment card information with payment card network, such as Visa or MasterCard, so it knows you enrolled. You authorize Payment Card Network to monitor transactions on your registered card(s) to identify Qualifying Purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Payment Card Network to share such transaction details with Figg and for Figg to share such transaction details with EHO to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by:
Go into your profile by tapping the Profile icon on the navigation bar of the Mobile Web App
Tap on Manage Cards
Tap Remove on the payment card you want to delete
Confirm that you want to remove the linked payment card
You agree that EHO and its Third Party Service Providers may view your transactions made by you with participating merchants.
“Third Party Service Providers” means third parties, including Figg, Inc., (“Figg”) that enable us to provide LuckyDiem Rewards Program. We use Figg as our service provider to help us operate LuckyDiem Rewards Program. Your payment cards may only be enrolled in one program operated by Figg. If you have already activated a payment card with a separate program operated by Figg, you will be unable to activate that payment card in both the LuckyDiem Rewards Program and the other program. You may use another payment card with the LuckyDiem Rewards Program or deactivate your card with the other program.
Special Notes for Visa, MasterCard and American Express Cardholders
Not all Visa, MasterCard, and American Express cards are eligible for registration. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.
Not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express.
You acknowledge that Visa, MasterCard, and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A., MasterCard, and American Express payment systems, and that these transactions are not eligible.
If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be eligible for rewards or offer completion. $250 max cashback per transaction and other limitations may apply.
Fees & Taxes
LuckyDiem currently charges no fees for access and use of the Site or Services, but we reserve the right to charge such fees for the Services. We will notify you before charging any fees for the Services by email, by posting information about such fees on the Site, as applicable, or by any other method permitted by applicable law. If you continue accessing or using the Site and/or Services after such notice, you must pay all applicable fees.
You may be taxed on other considerations (merchandise, travel, prizes from a contest, etc.) depending on applicable tax laws. You acknowledge and agree that you are solely responsible for any and all tax liability arising out of your use of the Site, App and Services and any consideration you receive as a result thereof. You are also responsible for making all applicable disclosures to third parties.
Any unspecified expenses related to the enrollment or use of the Services, including without limitation the rewards program, are solely the user’s responsibility. LuckyDiem will not be liable for any tax liability, duty, or other charges in connection with the issuance of points or any other Service or rewards program benefits.
Your registered payment card will be charged the full purchase price at the time of purchase and credits will not be included in your receipt from the merchant. You must comply with all Offer requirements and LuckyDiem Rewards Program terms to receive the credit. You are responsible for any taxes you may incur as a result of the credit.
Statement credits will not appear or be reflected on your transaction receipt from the Merchant at the time of purchase, and will instead be reflected on your periodic card statement. Subject to eligibility verification and settlement of the Qualifying Transaction, statement credits will typically appear on your card statement approximately 7 days after the qualifying transaction but may be subject to delays.
Statement credits cannot be processed if your card number expires or changes while the statement credit is pending and not settled, or your card account is not open or in good standing. You may not receive a statement credit if it is not posted by your card issuer. LuckyDiem, the applicable card network, and your issuer have no responsibility or liability for the failure of a statement credit to be posted, or for any finance or other charge, or impact on any rewards, feature, or term of your account resulting from the statement credit.
In no event shall the applicable card network be considered as maintaining any type of financial obligation or deposit or other asset account, or holding funds or other value for you for distribution to you. Any pending statement credits and any associated dollar values represent offer fulfillment amounts in process owed by the applicable merchant, and not your funds or balances maintained or held by the payment card network or LuckyDiem.
The Services pays your accrued “Shop and Earn” cash back and cash back related rewards within 45 days of the qualified “Shop and Earn” purchase transaction. Please note that accrual rates vary depending on the Affiliate Store’s policies and reporting schedules. For example, Cash Back for travel-related purchases typically does not accrue until after travel has been completed. Company reserves the right to delay cash back payment for any purchase based on changes to Affiliate Store policies at any time.
Lucky Points are valid and accruable via the Mobile Web App. Points can be earned in a Rewards Program by participating in certain Activities, as described in the applicable LuckyDiem Services and Features. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the points associated with completing that Activity so long as LuckyDiem and/or its third-party Rewards Program affiliates are able to properly track your valid and completed point-earning Activities. For avoidance of doubt, LuckyDiem shall not be responsible for, nor shall LuckyDiem be obligated to award points or rewards to Rewards Program participants for, any Activity that is not properly recorded, tracked and/or deemed approved under LuckyDiem’s or its third-party Rewards Program affiliates’ policies, procedures and systems. There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. Lucky Points have no cash, monetary or other value and cannot be converted into any currency. Lucky Points may be redeemed for various rewards or annual loyalty club levels that we make available, and that may change, from time to time. The maximum total amount of Lucky Points that can be accrued in any calendar year is 100,000 points which is at the discretion of LuckyDiem.
Lucky Points are not transferable and may not be combined with other promotions or other discounts. The number of points recorded in your account and the number of points required to obtain any particular reward or annual loyalty club level are subject to verification by us. LuckyDiem is not responsible for lost or stolen points or rewards. All rewards are offered subject to availability and restrictions imposed by the reward suppliers. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any reward or rewards processing or shipment, or for your rewards not turning out as you expected for whatever reason. If any Lucky Points or rewards are believed to have been sold, exchanged, or obtained fraudulently, or issued to someone other than the registered user of the applicable account, those points or rewards will be void and will not be honored.
You can check your Lucky Points balance by logging into your LuckyDiem account on the Mobile Web App. A valid LuckyDiem account is required to check your Lucky Points balance. LuckyDiem will attempt to credit accounts with points on a timely basis. LuckyDiem Offers may indicate that points will be accrued immediately upon a Qualifying Purchase or, on the other hand, after additional requirements are satisfied (for example, after purchased travel has been completed). Lucky Points will accrue as described in a LuckyDiem Offer, and may take several days to be updated to your account upon such accrual. Any claim for points not credited accurately must be received by LuckyDiem within 30 days of the date on which the user claims the points should have been accrued. LuckyDiem will have no liability for any failure, delay, or error in crediting points to your account.
LuckyDiem is free to use, however, we do deduct points for inactive accounts. An account is considered to be “inactive” if you do not open the LuckyDiem app (while logged-in to LuckyDiem) during a six (6) month period. If an account is deemed to be inactive, LuckyDiem will expire your currently existing points. Inactive account point deductions are nonrefundable. Prior to the effective account inactivation and points expiration date, you may prevent your account from becoming inactive and your then currently existing points from expiring by logging in to your account.
Inactive accounts will also no longer earn points. If you reactivate your account by logging back into the Mobile Web App after 6 months, you will have the option of re-selecting your card-linked offers and can begin earning LuckyDiem points again.
If your account is terminated or disabled for any reason, including but not limited, to multiple attempts at non-Qualifying Transactions or other fraudulent activity, then your existing LuckyDiem points will be forfeited and any further transactions which might otherwise earn you LuckyDiem points will not be deemed to be applicable.
You may cancel your account and participation in the rewards program by contacting LuckyDiem at firstname.lastname@example.org with such request. All accrued points will be forfeited immediately upon cancellation and may not be reinstated or transferred to another account.
LuckyDiem may cancel your accumulated points, suspend your benefits, or cancel your account at any time with immediate effect and without written notice, for any reason and in LuckyDiem’s sole discretion, including in instances where LuckyDiembelieves that you have (i) acted in a manner inconsistent with applicable laws or regulations, (ii) failed to pay LuckyDiem or its merchants/partners amounts due, (iii) acted in an inappropriate, fraudulent, abusive, or hostile manner, (iv) breached or violated any of these Terms of Service, or (v) engaged in any misconduct or wrongdoing in connection with the Site, Mobile Web App or Services. Nothing contained in these Terms of Service will limit LuckyDiem in the exercise of any legal or equitable rights or remedies.
LuckyDiem points and other related benefits and services are the sole property of LuckyDiem, and are not the property of the users. Lucky Points have no cash value and LuckyDiem will not compensate or pay cash, cash equivalent, or credit for any forfeited or unused points.
Whether you may re-enroll in the Services after a termination is at LuckyDiem’s sole discretion. In any event, previously earned points that were forfeited will not be credited to you.
Use of Mobile Devices
Through use of any Mobile Web App, or by other means available through the Services, you may be able to: (a) upload content to the Site via your mobile Device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Site from your mobile Device and/or (d) access certain features you have downloaded and installed on your mobile Device (collectively the “Mobile Services”). In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile Device, as applicable). You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile Device that is in working order and suitable for use in connection with the Services. You must ensure that your Device and/or software does not disturb or interfere with the Services, including any Mobile App or the Site’s operations. Any equipment or software causing interference will be immediately disconnected from the Services, and LuckyDiem may immediately suspend or terminate your further use of the Services. If any upgrade to the Services requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current Services will be subject to the terms and conditions of this Agreement. You agree to comply with any applicable laws in your use of the Services.
If you register for an account to use the Services, you must complete the registration process specified on the Site or through any Mobile App by providing us with complete and accurate information as requested by such process. You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, you may be asked to enter an email and password and a user name. It is your responsibility to maintain the confidentiality of your password and account. You are also responsible for all activities that occur under your account. You agree to notify LuckyDiem immediately of any unauthorized use of your account. LuckyDiem is not liable for any loss that you may incur as a result of someone else using your password or account. We may suspend or terminate your account if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach the Agreement or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Services, in whole or in part.
You may cancel your account at any time by notifying Customer Service at email@example.com.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. LUCKYDIEM AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES, INCLUDING THE SITE, ANY MOBILE APP AND THEIR CONTENTS (THE “LUCKYDIEM PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LUCKYDIEM PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. LUCKYDIEM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE LUCKYDIEM PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.
LUCKYDIEM IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LUCKYDIEM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability
In no event shall the LuckyDiem or its affiliates, contractors, employees, agents, payment card networks, or third party service providers or suppliers be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Services or any materials or content obtained through the Services; (vi) any transactions entered into through the Services, (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components during or on account of access to or use of the Services, including any site to which the Services provide hyperlinks; or (viii) damages otherwise arising out of your use of the Services. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if LuckyDiem has been advised of the possibility of damages.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LUCKYDIEM AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LUCKYDIEM AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL LUCKYDIEM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE PROGRAM, EVEN IF PROGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL LUCKYDIEM OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ (INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PROGRAM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED $1,000 USD.”
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
You agree to indemnify and hold harmless the LuckyDiem Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Services and/or any software. You agree to cooperate fully with LuckyDiem in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
Modification/Termination of the Services
LuckyDiem may, in its sole discretion, modify, suspend, or terminate the Services and/or any portion thereof, including the LuckyDiem Rewards Program, associated points or other rewards and benefits, at any time for any reason with or without notice to you.
LuckyDiem may make changes that affect, without limitation, processes, benefits, levels, rules for earning points, annual loyalty club levels, rules for the use of points, availability of points, reward types, availability of LuckyDiem Offers, and participation in the rewards program and program benefits.
LuckyDiem may terminate the rewards program with two week’s advance notice to all active users. At LuckyDiem’s sole discretion, LuckyDiem may choose to substitute a similar rewards program at any time immediately upon notice to active users. A user may not accumulate or redeem for any other benefits after the termination of the program. If the program is terminated, upon termination, all accumulated points will be forfeited without any obligation or liability, and points claims will no longer be honored. LuckyDiem may terminate the program in whole or in part, in any jurisdiction, on less than two week’s notice if required to do so by applicable law, as determined by LuckyDiem in its reasonable discretion.
All rewards program benefits, offers, rewards, and services are subject to availability and may be changed at any time without notice. By accepting rewards program benefits, offers, rewards, and services, including points, each user acknowledges that he or she is responsible for determining whether he or she is eligible to receive the benefits, offers, rewards, or services (including points) under applicable laws, gift policies, and incentive policies. At any time and in LuckyDiem’s sole discretion (including where a user was not eligible to earn certain points according to these Terms of Service), LuckyDiem may correct the amount of points shown as credited to a user’s account.If your account is canceled or terminated, you will no longer be authorized to use the Services, but you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. LuckyDiem shall not be liable to you or any third party for any modification, suspension or termination of the Services or your access to the Services.
Except where otherwise provided, the Services are currently available without charge. LuckyDiem reserves the right to charge a fee for access to or use of the Services, including the Site, any Mobile App and any other services available through the Services, at any time in the future, and LuckyDiem will notify you before it does so. Your access to or use of the Services before such time does not entitle you to access or use without charge in the future.
Software And Downloads Available Through THE SERVICES
Any software that is made available in connection with the Services, including applications (such as any Mobile App), podcasts, audio or video streaming (“Software”) is owned or controlled by, or licensed to, LuckyDiem and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies the Software. LuckyDiem has no liability with respect to any Software owned or controlled by third parties.
User Code of Conduct
The Services are for your personal and non-commercial use only. In accessing and using the Services, you agree that you will not:
Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
Deliver any unlawful postings to or through the Services, or any postings which advocate unlawful activity.
Deliver, or provide links to, any postings containing material that
could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable
harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability
is defamatory, false or libelous
infringes or violates any intellectual property or other right of any entity or person.
Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
Impersonate another person or entity or misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to deceive or defraud another.
Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
Use this service in any manner which could damage, overburden or interfere with the use of the Services or other users’ Devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this the Services, including by collecting information about others such as email addresses.
Interactive Services and User Materials
The Services may offer certain services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “Interactive Services”). The Interactive Services may be covered by Additional Terms, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Interactive Services may change from time to time in LuckyDiem’s sole discretion.
LuckyDiem does not control and is not responsible for any information or other materials delivered through the Services by you or other users (collectively, “User Materials”). LuckyDiem is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, LuckyDiem reserves the right to do so at any time in its sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. LuckyDiem is not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when it is advised of the possibility of such damages.
You are solely liable for all User Materials delivered to the Services using your account. Any violation of these provisions may subject your account to immediate termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials by LuckyDiem will not violate the rights of any third party.
The information and opinions expressed in User Materials are not necessarily those of LuckyDiem or its content providers, advertisers, sponsors, affiliated or related entities, and LuckyDiem makes no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. LuckyDiem does not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others. LuckyDiem has no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk. You acknowledge that the Site is “public,” and in addition to the license granted to LuckyDiem, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Materials which violate this Agreement, please contact us at firstname.lastname@example.org. Please provide as much detail as possible, including a copy of the underlying material, the location where LuckyDiem may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and LuckyDiem will only remove User Materials if it believes that removal is necessary. If any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled “Copyright Infringement.”
Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that LuckyDiem, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.
The Services may allow you to spread the message about the Services, including referral programs that permit you to submit information from the Services about other persons (each, a “Referred Person”), including, without limitation, U.S.-based email addresses, social media networks, wireless telephone numbers, names, street addresses and other contact information, so they may receive information and/or promotional offers concerning the Services. You may only refer persons with whom you have a personal relationship, and you are responsible for informing the Referred Person that communications may be sent to them from the Services on your behalf. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information.
We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of communications with any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the continental United States, of legal age of majority in his/her jurisdiction of residence, and be able to register for, or use, the Services. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Services. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our “do not contact” or “do not e-mail” lists. We may also reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of this Agreement, or (c) we determine in our sole discretion that the participation of such individual may be harmful to us, the Services, or any third party. We specifically disclaim any liability for such rejection.
We may send you a confirmation to inform you that the Referred Person has registered for an account. If you engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we may discontinue providing the Services to you. We may also offer incentives or rewards in connection with a referral program, and any such incentives or rewards shall be subject to any Additional Terms (including the LuckyDiem Rewards Program) which are deemed incorporated into, and subject to, this Agreement. We may suspend or terminate any and all referral programs without notice, reason or liability.
In the LuckyDiem app, the social feed is a community of LuckyDiem members that you create through friend invites. You can search for a friend on LuckyDiem via name. If we find a match, you can invite that current LuckyDiem member to be a friend of yours on LuckyDiem by generating a push notification to that friend through our Mobile Web App. The current member can then choose whether to accept your invitation. If they accept, we will automatically add that friend to your list of LuckyDiem friends and you will be added to that friend's list of LuckyDiem friends. If you do not want to participate in Social, simply remove all friend connections.
By participating in Social, you consent and agree that:
We will share your name, number of friends, profile photo, Lucky Points earned, and other information, as disclosed to you from time to time (collectively, your "LuckyDiem Social Activity Information") with all those with whom you are directly connected as friends on Social.
We will post on each of your friends' Social feed and on the Social leaderboard consisting of all your friends, your LuckyDiem Social Activity Information. If you do not want your LuckyDiem Social Activity displayed to your friends or on leaderboards, do not participate in Social.
Your name, profile picture, state, number of friends and mutual friends, limited information about Point-earning activities you've engaged in, and LuckyDiem Points will be visible to all your friends' friends with whom you are not directly connected ("Friends of Friends"), along with other users with whom you're not connected, but the Friends of Friends and other users will not be able to view any other LuckyDiem Social Activity Information. Friends of Friends, however, may invite you to directly connect as their friend by sending you a push notification as set forth above.
You may, at any time, disconnect a friend or all friends through the LuckyDiem App. Doing so will remove all your LuckyDiem Social Activity Information from your friend's Social feed and leaderboard.
LuckyDiem Rewards is not responsible for your interactions with your friends on or as a result of your participation in Social. You have the sole discretion to invite or disconnect friends and to participate in Social.
You have the ability to react to and comment on your friend's LuckyDiem Social Activity Information. We are not responsible for any comments posted by you, any of your friends, or Friends of Friends. We may, although we have no obligation to, remove any comments or reactions that we deem in our sole discretion to be inappropriate or offensive. We may remove any content or comments at any time and without notice in our sole discretion in accordance with these Terms of Service or if we believe in our sole discretion that they violate these Terms of Service or any applicable law, regulation, or rights of third parties.
For any voting/rating features that are available through the Services, you must follow all instructions and limitations provided via the Services to submit your votes/ratings. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. LuckyDiem is not liable for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause impair the administration, security, or fairness of the voting/rating. We may disqualify any individual we find to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding.
The Services may enable you to order and receive products, information and services from third-party merchants that are not affiliated with or controlled by LuckyDiem. All matters concerning such products, information and services are solely between you and such merchants. LuckyDiem does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. LuckyDiem will not be a party to and is not responsible for monitoring any transaction between you and such third-party merchants, or for ensuring the confidentiality of your credit card information. Any charges or obligations you incur in your dealings with these third-party merchants are your sole responsibility.
Any sweepstakes, contests, games and/or promotional offers accessible through the Services are governed by specific Rules and/or terms and conditions and may be restricted to users with accounts. If you are eligible, by entering any sweepstakes or contests or participating in such games or promotional offers accessible through the Services, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and this Agreement, the rules and/or terms and conditions will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from the Services (such as those of social media websites), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such features through the Services, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
LuckyDiem may display or link to advertisements for the goods and services of a third party on or through the Services, including in connection with co-promotions, sponsorships and other similar partnership arrangements. LuckyDiem does not endorse or warrant, and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of, any such goods or services advertised, promoted or displayed through the Services.
International Use/U.S. Export Controls
Accessing materials through the Services by certain persons in certain countries may not be lawful, and LuckyDiem makes no representation that materials provided through the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from outside the United States, you do so at your own risk.
The United States controls the export of any software downloadable from the Services. No software or any other materials associated with the Services may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
If any provision of this Agreement, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain unaffected and in full force and effect. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and LuckyDiem with respect to the use of the Services and shall not be modified except in writing, signed by an authorized representative of LuckyDiem. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.
If you have any questions concerning this Agreement or the Services, please contact email@example.com.
COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual Property
The Services, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, LuckyDiem logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by LuckyDiem or by other parties that have provided rights thereto to LuckyDiem.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the Services, in whole or in part, without the express written permission of LuckyDiem.
Any trademarks, service marks, product names and company names or logos appearing in any part of the Services that are owned by LuckyDiem, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site, or frame the Site, or any web page or material contained within the Services, nor may any entity include a hyperlink to any aspect of the Services in an email for commercial purposes, without the express written permission of LuckyDiem.
LuckyDiem respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any User Materials through the Services you are granting permission to have such User Materials posted on the Site or via any other of the media channels used for the Services, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. LuckyDiem reserves the right to remove access to infringing material. Such actions do not affect any other rights LuckyDiem may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
By Mail: LuckyDiem, 235 Park Ave S 4th Floor, New York, NY 10003
By Facsimile: 207-692-5300
By Email: legal@luckyDiem.com
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) 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 LuckyDiem to locate the material.
(iv) Information reasonably sufficient to permit LuckyDiem to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Changes to this Agreement
LuckyDiem reserves the right, in its sole discretion, to change this Agreement and/or the Additional Terms at any time. LuckyDiem will endeavor to provide notice of any material change to this Agreement on the Site or through any Mobile App but whether or not it provides such notice, your continued use of this the Services constitutes your agreement to be bound by any changes to the Agreement.