LEVITATING POT LIMITED

TERMS OF SERVICE

13.03.2024

IMPORTANT NOTICE: THIS IS A LEGALLY-BINDING CONTRACT. THESE TERMS OF SERVICE AFFECT YOUR LEGAL RIGHTS AND WILL BE WHOLLY AGREED TO BY YOU THROUGH USE OF THE LEVITATING POT WEBSITE AND/OR SERVICES.

IF YOU DO NOT WHOLLY AGREE TO THESE TERMS OF SERVICE HEREIN, DO NOT USE THE LEVITATING POT MOBILE APPLICATION, WEBSITE, OR SERVICES

These Levitating Pot Limited Terms of Service (“Terms of Service” or “Terms”) govern access to and use of the Levitating Pot Limited, address: Thessalonikis, NICOLAOU PENTADROMOS CENTRE, 10th floor, Flat/Office 1002 3025, Limassol, Cyprus (“Levitating Pot”) services by users (“Services”). Services include, without limitation, the website https://potlevitating.com/ (“Website”), the mobile gaming applications (“Mobile Applications”), and any other service offered by Levitating Pot to users. These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Republic of Cyprus without reference to conflicts of law rules and principles. LEVITATING POT LIMITED’S PRIVACY POLICY IS INCORPORATED HEREIN AND MADE A BINDING PART OF THESE TERMS OF SERVICE.
YOU ARE SUBJECT TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE WHETHER YOU ACCESS THE MOBILE APPLICATION, WEBSITE OR SERVICES DIRECTLY FROM Levitating Pot, OR THROUGH ANY OTHER SOURCE. BY USING AND/OR OPERATING THE MOBILE APPLICATION, WEBSITE AND SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. BEFORE ACCESSING CERTAIN FEATURE OF THE MOBILE APPLICATION, WEBSITE AND SERVICES YOU WILL ALSO HAVE THE OPPORTUNITY TO ACCEPT THIS OFFER OF TERMS OF SERVICE THROUGH A CLICK-THROUGH PROCEDURE. IF YOU DO NOT WISH TO ACCEPT THE TERMS OF THIS TERMS OF SERVICE AND/OR TO DECLINE THIS TERMS OF SERVICE, YOU SHALL NOT USE AND/OR OPERATE THE MOBILE APPLICATION, WEBSITE AND SERVICES. IF YOU CHOOSE TO ACCEPT THE TERMS OF THIS TERMS OF SERVICE, YOU MAY DO SO BY CHECKING “I AGREE” USING THE DESIGNATED BUTTON, YOUR CLICK OF THE “I AGREE” BUTTON IS A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE “I AGREE” BUTTON, YOU CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS TERMS OF SERVICE AND AGREE THAT THIS TERMS OF SERVICE IS ENFORCEABLE AGAINST YOU PURSUANT TO ITS TERMS TO THE SAME EXTENT AS ANY WRITTEN NEGOTIATED TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS TERMS OF SERVICE, THEN YOU SHOULD NOT OPERATE THE MOBILE APPLICATION, WEBSITE AND SERVICES AND YOU WILL NOT BE ALLOWED TO USE, OR OPERATE THE MOBILE APPLICATION, WEBSITE AND SERVICES.
If You do NOT AGREE to any specific additional terms which apply to particular Service features, Content or particular transactions concluded through the Levitating Pot Mobile Application, Website or Services, then You should NOT use the parts of the Mobile Application, Website or Services containing such Service features, Content, or through which such transactions are concluded. When using or taking advantage of any Services, should You visit another mobile application, website or obtain any products, applications, or services from another entity or provider, whether free of charge or for payment, You will be subject that third party’s guidelines and conditions applicable to such products, applications or services, and NOT those of Levitating Pot.
These Terms of Service will continue to apply until terminated by either You or Levitating Pot in accordance with these Terms of Service. UPON TERMINATION OF THIS TERMS OF SERVICE, YOU WILL NO LONGER BE AUTHORIZED TO USE OR TAKE ADVANTAGE OF THE SERVICES IN ANY WAY.
If you have downloaded the Mobile Application from the Apple, Inc. (“Apple”) App Store or if you are using the Apps on an iOS device, you acknowledge that you have read, understood, and agreed to the following notice regarding Apple. These Terms are between you and Levitating Pot only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the Mobile Application infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms.

Key Definitions

Access and Use: The act of electronically visiting the Website or Mobile Application, and/or taking advantage of Services or any information provided by Levitating Pot.
Cash Competitions: Challenges, games, competitions, and tournaments that require an entry fee paid in Tokens, with real money prizes awarded in U.S. Dollars.
Cash Player: Users that play in Cash Competitions.
Cash Prize: A prize awarded for winning a Cash Competition deposited in the User Account and withdrawable in U.S. Dollars.
Coins: Digital Item that can be used by User to participate in Non-Cash Competitions but cannot be used for Cash Competitions and cannot be withdrawn in U.S. Dollars. User can purchase Coins for real money.
Digital Items: Virtual, in-game currency, including without limitations, virtual coins, credits, bonuses, collectibles, and/or other virtual items all to be used within the Services. Digital Items include Experience and Coins.
Experience: Digital Item that affects the player's level. Experience can be accumulated by the User to level up. Experience can be bought by Users, but cannot be exchanged for U.S. Dollars.
Non-Cash Player: Users that play Non-Cash Competitions.
Non-Cash Prize: A prize awarded for winning a Non-Cash Competition in the form of Digital Items, as that term is later defined in these Terms, including, but not limited to, a prize in the form of Tokens. Tokes that are awarded in a Non-Cash Competition can be used only like a Fee for Cash Competition.
Payment System: Any payment system that is supported by the Services to transfer money, as amended from time to time in Levitating Pot’s sole discretion.
Prize Fund. This is the total amount of the Cash Prizes the Cash Player can win in the Cash Competition.
Prohibited Jurisdictions: Arizona, Arkansas, Delaware, Louisiana, Maryland, and South Carolina. For card games, Prohibited Jurisdictions include Indiana, Iowa, Maine, and Montana. We reserve the right to include additional Prohibited Jurisdictions as determined at our sole discretion. It is the user’s responsibility to determine whether the state, country, territory or jurisdiction in which the player is located is the Prohibited Jurisdictions.
Rules: Additional terms applicable to a specific Cash Competition or Non-Cash Competition, including, but not limited to, conditions for Winning
Services: All Levitating Pot Services, including, but not limited to, all content, data, documents, graphics, information products, text, and all other elements offered through the Mobile Application and/or the Website.
Token: A virtual token received through the Services and used within the Services to participate in Cash-Competitions. Token can not be purchased in U.S. Dollars.
User (“You(r)”): All individuals, partners, or groups, including all business, commercial, non-profit, organizations or entities in whatever form, whether legally recognized or not, who access and take advantage of the Mobile Application, Website, or Services.
User Account: An account created by the User that allows User to Access and Use the Services.
Website: The Levitating Pot website on which the Services are made available, found at https://potlevitating.com/.
Winnings: Prizes, winnings, and other representative of value (including without limitation, Digital Items, Tokens, virtual currency, or virtual goods).
1. RULES OF THE KNIFE LEAGUE
Purpose of the game: Players throw knives at moving targets against each other within a predetermined time. The player who has the most points when time runs out wins.
The game involves throwing knives to hit the main target and to score points by this. If players hit an obstacle by throwing a knife, no points are awarded. Each main target has a number of bonus targets which, when hit, provide extra points.
Every main target has a set number of knives that can hit before the next main target appears. If not all bonus targets have been hit, they will disappear and the player will be presented with new ones.
If a player hits with consecutive knives, he earns a temporary score multiplier applied to the next hit. Additional consecutive hits will increase the score multiplier and resets the time the multiplier is applied. If the player (1) hits an obstacle or (2) does not hit a main or bonus target before the time runs out, the multiplier resets to 1x.
The game will terminate and record a finale score when the allotted time runs out.
Level Playing Field:
o has the same targets in exactly the same order and moving in the same way and pattern;
o with the same throwing opportunities (constant speed, central location, not aimed by the player);
o and all games have the same time limit.
Every player plays his/her own instance of the Game: He/she
For each tournament, a unique number is generated by the Game’s algorithm. This number is assigned to every single player who is participating in the tournament. It is impossible to guess or anticipate what that number is and this unique number is used to initialize the sequence and spinning speed Targets. Thus, all players in the tournament have the same sequence and spinning speed of Targets. The player with the most points wins. So, the outcome of the Game depends on the player's skill to collect as many points as possible in the same setting through skilled throws.
All players start the game in an equal setting. Thus, players do not start with different favourable or negative game conditions (e.g., one player has easier conditions to collect extra points). Under the same conditions, the player who throws the knives more efficiently and skillfully prevails.
Skill Based Matchmaking: The players are assigned to the tournaments according to a set matchmaking system. Each player has a hidden rating and based on this rating of a certain skill level tournaments are available to the player. If a player registers to the game, his/her rating is zero. The rating cannot go below zero. The rating is increased based on the place which a player takes in tournaments against other players, awarding certain points for a first, second, and third place finish. Finishing in fourth place or below, such players lose points from their ladder rating.
If these details are correct, the game also counteracts an element of chance that would set in if particularly experienced players were to encounter newcomers. While it is inherent in a game of skill that players with different abilities meet, if the game ensures that players with reasonably comparable abilities meet, it counteracts a random element that players with very divergent experiences play against each other.
2. UPDATES TO TERMS OF SERVICE
These Terms of Service may be amended by Levitating Pot at any time upon notice through any of the following means: a posting on the main page of the Website, a posting in the Mobile Application, at or after a login to the User Account, or by e-mail to the address provided to Levitating Pot. User’s failure to provide and maintain accurate or current contact information in the User Account will not obviate User’s responsibility to comply with these Terms of Service. Specific terms and conditions, if and when indicated by Levitating Pot, may apply to specific content, products, materials, Services or information contained on or available through this Website and/or Mobile Application (the “Content”) or transactions concluded through this Website and/or Mobile Application. Such specific terms may be in addition to these Terms of Service, or, where inconsistent, only to the extent that the Content or intent of such specific terms is consistent with these Terms of Service, and then such specific terms will prevail. Please check theses Terms of Service regularly to ensure that awareness of all terms governing the Use of the Mobile App and Services.
3. SERVICES
3.1. Levitating Pot’s Services. Levitating Pot is a mobile game development company that specializes in creating high-quality, engaging, and entertaining games for qualifying adult Users. Levitating Pot’s Services include online mobile games featuring various Cash Competitions and Non-Cash Competitions, and Users may enter such competitions with Tokens pursuant to the Rules presented at the time of Use. Certain features and Mobile Applications may require the User to register an account by providing Levitating Pot with certain information regarding the User. Access and Use of the Services requires an internet connection to Levitating Pot’s servers, and Levitating Pot may need to collect certain information from the User and User’s internet-enabled device (“Device”) in order to make the Services available to you. Levitating Pot takes User’s privacy very seriously and will use such User’s information in accordance with Levitating Pot’s Privacy Policy. Levitating Pot does not guarantee that the Mobile Application and/or Services will be available and/or work properly on all Devices, and User alone is solely responsible for obtaining and maintaining a compatible Device that is necessary for Access and Use of Services.
3.2. Games of Skill. All competitions offered by Levitating Pot through the Services are games of skill. Winners of such competitions are decided only based on the objective criteria described in the rules, scoring, and any other applicable documentation associated with the competition, as further communicated through the Services. Levitating Pot’s Services may not be used for any form of gambling. Competition results and Cash Prize calculations are based on the final statistics and scoring results at the completion of the competition. Once competition results are reviewed and graded, Cash Prizes are awarded. The scoring results of a competition will not be changed regardless of any official statistics or scoring adjustments made at later times or dates, except at Levitating Pot’s sole discretion.
3.3. License to Use the Services. Subject to these Terms, Levitating Pot grants to the User a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Mobile Application on supported Device(s) owned or controlled by the User, and to Use the Services in accordance with these Terms. User may not network the Services, Mobile Application, or other Levitating Pot software among devices. User may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Mobile Application and/or Services, or their structural framework; (ii) create derivative works of the Mobile Application and/or Services; (iii) use the Mobile Application and/or Services in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Mobile Application and/or Services.
3.4. Prohibited Jurisdictions. In the event that User is located in a Prohibited Jurisdiction, Cash Competitions shall not be available to User. Furthermore, User may not be able to withdraw any Cash Prizes in a Prohibited Jurisdiction, even if User won the Cash Prize in a Cash Competition while located in a permitted jurisdiction. If the user is located in the Prohibited Jurisdiction, then they may not participate in the game/tournament. It is the user’s responsibility to determine whether the state, country, territory or jurisdiction in which the player is located is the Prohibited Jurisdiction. Prohibited Jurisdiction.
4. PLAYING, WINNINGS AND PAYMENTS
4.1. Tokens. To enter Cash Competitions, User must use Tokens commensurate to the Entry Fee as determined by the applicable Rules. User may receive Tokens by: (a) winning Tokens in Non-Cash Competitions; or (b) from Levitating Pot as a promotion. The amount of Tokens User may purchase on any given day shall not exceed $ 1000,00. User is fully responsible and liable for all charges, deposits, and withdrawals made under the User Account, including any unauthorized charges, deposits or withdrawals. The price of Services may change at any time, but no price change will affect User’s past purchases.
4.2. Bonus Funds. If you are a Cash Player then we may, from time to time in our sole discretion, grant you free bonus funds and/or credits (“Bonus Funds”). Bonus Funds can be used to enter Cash Competitions but cannot be withdrawn or used for any other service. When you enter a Cash Competition, we may deduct a certain amount of the Bonus Funds as an entry fee. Notwithstanding the foregoing, additional Bonus Funds will be used to enter Cash Competitions if it is the only currency available in your account. When you win a Cash Competition, any Bonus Funds that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in U.S. Dollars. If you initiate a withdrawal of funds from your account, you will forfeit all Bonus Funds currently in your account. If you do not enter a Cash Competition within a continuous ninety (90) day period, all Bonus Funds in your account will be forfeited.

4.3. Prize Fund. The Prize Fund generated for each Cash Competition and does not consist of Tokens, that User use for the Entry Fee.

4.4. Taxes. Levitating Pot may require the User to pay taxes or any other fees and charges as required by law. User AGREES to pay the applicable charges for any Fees, including applicable taxes incurred by the User, using a valid charge card, or another payment method Levitating Pot may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. Other than charges to the User Account, the User AGREES to notify Levitating Pot about any billing problems or discrepancies within thirty (30) days after such discrepancies first appear on the User Account and if the User does not bring them to the Levitating Pot’s attention within thirty (30) days, User waives User’s right to dispute such problems or discrepancies. User is responsible for and AGREES to reimburse Levitating Pot for all reversals, charge-backs, claims, fees, fines, penalties, and other liability incurred by Levitating Pot (including costs and related expenses) that were caused by or arising out of payments that the User authorized or accepted.
4.5. Billing. By providing Levitating Pot with a payment method, the User (i) represents that the User is authorized to use the payment method provided and that any payment information provided is true and accurate; and (ii) authorizes Levitating Pot to charge the User for the Services using the payment method provided. In Levitating Pot’s sole discretion, Levitating Pot may bill the User in advance, at the time of the purchase, or shortly after the purchase.
4.6. Withdrawals. Cash Players may request a withdrawal of their Cash Prizes in U.S. Dollars (“Withdrawal”) at any time, provided that they have enough Cash Prizes to meet the then-current minimum withdrawal amount, as further detailed in the Services. Digital Items, including Tokens, cannot be withdrawn or redeemed for value. The Withdrawal is processed to the payment method on file in the User Account and may take up to ninety (90) days, provided, however, that Levitating Pot may freeze the User Account and/or delay a request for Withdrawal pending completion of any investigation of reported or suspected abuse, verification of eligibility, or to comply with applicable laws, as further described in Section 7.
4.7. Deposit and Withdrawal Procedures. User hereby understands, agrees, and acknowledges that Levitating Pot reserves the right to change, without giving the User prior notice: (i) any method for evaluating User’s funds; and (ii) any Withdrawal related rules, including the minimum Withdrawal amount, Withdrawal methods and Withdrawal fees. Upon Withdrawal, Levitating Pot may require the User to submit the following current and correct information: User’s full name, permanent residential address, government issued identification card and/or related information, phone number, credit card or other payment information, any other information necessary for the Withdrawal as determined in Levitating Pot’s sole discretion. Failure to provide the required information may result in Levitating Pot’s inability to process the Withdrawal for any winnings. Participating in Cash Competitions may, in Levitating Pot’s sole discretion, require establishing a positive account balance prior to entry. Cash Players, by submitting this information, consent to allow Levitating Pot to share such your personal and payment information in confidence with third-party service providers for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, and for any other purposes as detailed in Levitating Pot’s Privacy Policy. In addition, Levitating Pot reserves the right to issue or process withdrawals solely via payment methods supported by Levitating Pot. If User makes a credit card deposit, Levitating Pot may submit an authorization request to the issuing bank of at least ten U.S. Dollars ($10.00) to User’s credit limit, even if the actual amount charged may be lower. Additionally, the User may incur additional fees and/or commissions for receiving or sending funds from the User Account and Levitating Pot is not responsible for paying such fees and/or commissions.
4.8. Disputing Charges. In cases where the User believes that an error has been made regarding the payment, the User must notify Levitating Pot within thirty (30) days after such error occurs. Failure to timely notify Levitating Pot during the thirty-day period will release any liability from Levitating Pot regarding any losses resulting from such error, and Levitating Pot will not be required to correct the error or provide a refund. User must pay for all reasonable costs that Levitating Pot incurs to collect any past due amounts, including without limitation reasonable attorneys’ fees, and any other fees and costs.
4.9. User Account Closure. If the User chooses to close the User Account, any purchased Tokens and any other Tokens and Digital Items shall be forfeited, with no refund or compensation of any kind. In cases where Levitating Pot unilaterally closes or terminates the User Account due to a violation (as determined in Levitating Pot’s sole discretion) of these Terms, funds in your account may be forfeited and not returned to you, pending an investigation in accordance with these Terms of Service. Furthermore, Levitating Pot may withhold from the User Account balance and/or from future Cash Prizes any amount required to be withheld by Applicable Laws, including amounts due in connection with the User’s failure to complete relevant tax documentation, but the User remains solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.
4.10. Credit Cards and Third-Party Payment Methods. When the User pays for Services by credit card, User represents that the User is the authorized user of such credit card. User must promptly notify Levitating Pot of any changes to the User’s credit card account number, its expiration date and/or User’s billing address, or if the credit card expires or is canceled for any reason. Levitating Pot is not liable for any loss caused by any unauthorized use of the User’s credit card or other payment method offered by a third party (such as PayPal or Xsolla) in connection with the Services. Any attempt to defraud, regardless of the outcome, or any failure by the User to honor legitimate charges or requests for payment, will result in immediate termination of the User Account, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution.
4.11. Refund Policy. No refunds will be given, unless otherwise required by law or these Terms of Service.
4.12. Cancellation of Competitions. Levitating Pot reserves the right to cancel tournaments or competitions at any time. In the event of such cancellation, all entry fees will be refunded to the User except as specifically provided in these Terms or applicable Rules.
4.13. Claiming Funds. Any funds due to Users under these Terms of Service, including but not limited to any refunds, Cash Prizes, or Winnings will be refunded to the payment method then on file in the User Account. If no such payment method exists, Levitating Pot shall attempt to contact the User using the information uploaded to the User Account to determine a suitable payment method. Users are allowed to refund their Cash Prizes, or Winnings within fourteen (14) days since receiving them. Levitating Pot will keep any such funds for a period of one (1) year, after which User shall forfeit any rights to such funds.
4.14. Guaranteed prizes may be offered in connection with some of the competitions offered by the Services and will be made known in the Rules. Each competition is governed by its own set of rules. Levitating Pot encourages you to read such rules prior to entry.

5. USER OBLIGATIONS
5.1. Eligibility. The Services are only intended for Users who are eighteen (18) years of age, unless the applicable age of majority in the state of residence is higher (“Permitted Age”), or older, and any registration, use, or access of the Services by anyone under the Permitted Age is unauthorized, unlicensed, and is in violation of these Terms. If Levitating Pot has any reason to believe or suspect that the User is under the Permitted Age, Levitating Pot may terminate the User Account, delete any content or information that User submitted to the Services, and prohibit the User from using and accessing the Services, with any funds retained or refunded as required by applicable law. When accessing and/or using the Services, User represents and warrants that the User is (i) over the age of eighteen (18) and/or over the legal age of majority under the applicable law in the jurisdiction of the User’s residence, (ii) has the legal power and capacity to form a contract with Levitating Pot, (iii) User is not physically located in a Prohibited Jurisdiction, and the Use of the Service complies with all applicable laws where User is located; and (iv) agrees to at all times abide by these Terms and all applicable laws.
5.2. Restriction on Employees. Levitating Pot employees and immediate family members of Levitating Pot employees are not permitted to play in any competitions hosted on the Services. Immediate Family Member shall mean any domestic partner or relative of the employee who resides at such employee’s residence, and includes without limitation, spouses, siblings, children, grandparents, and in-laws.
5.3. Compliance with Laws. User acknowledges and understands that many laws, rules, and regulations apply to competitions, sweepstakes, contests, and tournaments with entry fees and/or prizes may apply to User’s participation in Services (“Gaming Laws”), and such Gaming Laws are established by each individual state. User acknowledges, understands, and agrees that it is User’s sole responsibility to comply with all such applicable Gaming Laws and if User is located in a Prohibited Jurisdiction, the user may not participate in cash competitions. Levitating Pot retains the right to change the definition of the Prohibited Jurisdiction as determined at its sole discretion. Services are void where prohibited or restricted by the applicable law and User’s participation in competitions is at User’s own risk, and User AGREES not to hold Levitating Pot responsible or liable if the laws of User’s jurisdiction restrict or prohibit User’s Access and Use of the Services. Levitating Pot reserves the right to monitor the location from which User accesses the Services, and block access by the User from a Prohibited Jurisdiction.
5.4. Terms of Service. The User AGREES to Use and Access the Services only for purposes permitted by these Terms and not prohibited by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction(s). Specifically, the User AGREES and warrants that in using the Services, User’s actions do not contravene the laws, rules, or regulations of (i) the country, state, or locality where User resides, or (ii) the country, state, or locality where Levitating Pot is located or operates. This includes complying with applicable export and import restrictions as well as any other restrictions. The rights of the User licensed to Use the Services cannot be shared or used by more than one individual. No part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, except as expressly provided herein.
5.5. Prohibited Activities. User must follow the rules set out below and must not help or induce others to break or circumvent these rules:
a. Treat Others with Respect. User AGREES to act with integrity and treat others with respect. User must not lie, misrepresent any fact or person, or pretend to be someone else. User must at all times be polite and respectful when communicating with others. User must not discriminate against or harass others.
b. Ensure Service Integrity. User AGREES not to access (or attempt to access) the Mobile Application or the Website by any means other than through the means provided by Levitating Pot. User AGREES not to access (or attempt to access) the Mobile Application or the Website by way of automated means and that the User will not engage in any activity that interferes with or disrupts the Mobile Application, the Website, or the servers and networks which are connected to the Services (“Servers”). Specifically, User AGREES not to:
i. scrape, hack, reverse engineer, compromise, or impair the Mobile Application, the Website, or the Servers, which includes without limitation, a prohibition on using bots, crawlers, scrapers, or other automated means of access or collect data or other content from or otherwise interact with the Services;
ii. hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Services;
iii. upload, post, or otherwise transmit through the Services any viruses or other harmful, disruptive, or destructive files or computer codes;
iv. decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Services;
v. take any action that could damage or adversely affect the performance or proper functioning of the Mobile Application and/or Services;
vi. disrupt or interfere with any other user’s enjoyment of the Services;
vii. access or attempt to access any content which the User is not authorized to access under these Terms;
viii. “stalk,” harass, or threaten other Users, or any other person;
ix. send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages;
x. make unsolicited offers, advertisements or proposals, or send chain letters, unsolicited email, SMS, “spam” or other junk messages;
xi. use the name, logo, branding, or trademarks of Levitating Pot or others without permission;
xii. use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Levitating Pot branding;
xiii. engage, participate, or display behavior that may be interpreted in Levitating Pot’s sole discretion as unfair methods of participating in Services, including without limitation, the opening of multiple accounts, the use of unauthorized software or hardware to assist play, collusion with other players, intentionally loosing matches in cash competitions, intentional poor performance, abandoning the funds on the User Account for lengthy periods of time, or a deliberate transfer of money between accounts;
xiv. use the Services for any illegal or unlawful purpose; and/or
xv. use the Services in any manner that in Levitating Pot’s sole discretion could damage, disable, overburden, impair it, or interfere with any other party’s use and enjoyment of the Services.

c. Consequences from Prohibited Activities. Anyone engaging in the Prohibited Activities described in Section 5.5 will be subject to an immediate sanction from Levitating Pot, which may include, without limitation, termination of the User Account, blocking of the Services, forfeiture of the prizes, and/or disgorgement and/or recoupment of prizes. In additional to the aforementioned, Levitating Pot reserves the right to disclose and/or report any money laundering or other illegal activity to the appropriate law enforcement and regulatory authority.

6. USER ACCOUNT
6.1. User Account. User must sign up for a personalized Account (“User Account”) through the Mobile Application in order to access the full range of features offered by Levitating Pot. In creating a User Account, User AGREES to submit accurate, current, and complete information and keep this information frequently updated. Levitating Pot reserves the right to suspend or terminate the User Account which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current, or incomplete. The User AGREES to update information on the User Account or to provide additional items as part of Levitating Pot’s policy to prevent illegal and fraudulent activities, and/or to comply with any other policies or protocols that Levitating Pot will elect to put in place.
6.2. Required Information. When User creates the User Account, User will be required to provide certain information, which may include: (i) non-transferable unique username and password; (ii) personal contact information, such as name, phone number, email address and physical address; (iii) payment and billing information; and (iv) any other information that Levitating Pot requests during the registration of User Account.
6.3. Protection of the User Account. When creating the User Account, User must ensure the confidentiality of User Account’s password. Levitating Pot shall not be liable for any loss or damage arising from User’s failure to protect User’s password and/or account information. User Account may not be “shared” or used by anyone other than the User. User shall immediately notify Levitating Pot in cases where User lost control of the User Account, or in cases where User suspects there is unauthorized activity in the User Account. User remains fully liable for any actions taken in respect to the User Account, regardless of whether these actions were taken by the User or an unauthorized third party that has gained access to the User Account.
6.4. Verification of Registration. User acknowledges, understands, and agrees that Levitating Pot reserves the right to verify the User Account’s registration details, that includes without limitation, User’s name, address, date of birth, location, and payment methods used (“Personal Information”). Levitating Pot may verify the Personal Information by requesting a copy of a government issued identification card (e.g., passport, identity card, or a Driver’s License), or other certain documents, which may be required to be notarized and/or apostilled, that can be used to verify an address, identity, and/or the payment method used (e.g., utility bill, or a lease or a mortgage agreement). User’s failure to comply with Levitating Pot’s request for verification may result in termination of the User Account and/or forfeiture of the deposits and funds contained therein. User also acknowledges, understands, and agrees that all information and data that User’s provides to Levitating Pot either at the time of the registration or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information and data, User consents to Levitating Pot submitting it to third party providers of age verification and identification services to verify the User Account.
6.5. Background Checks. Levitating Pot reserves the right at any time to investigate the User Account, including performing background checks and credit checks, in order to ensure compliance with these Terms and Levitating Pot’s commitment and obligations to ensure that no improper, illicit, or illegal activity is taking or has taken place. In the event that Levitating Pot determines that the User Account has been involved in any illegal activity, Levitating Pot reserves the right to terminate the User Account without notice or liability.
7. INVESTIGATION.
If Levitating Pot receives a claim or notice or otherwise reasonably suspect that any Users Use of the Service breaches any agreement, infringes any third party rights, violates these Terms or any law, rule or regulation, that there is a dispute regarding the User funds deposited into the Service (including without limitation as to ownership or payment of monies), or that User’s activities involve misrepresentation, misconduct, deception, fraud, or other inappropriate conduct, then in addition to any other available rights and remedies, Levitating Pot may suspend or terminate the any User Account and/or the term of these Terms of Service and/or withhold payment of monies to User in an amount reasonably attributable in Levitating Pot’s discretion to User conduct, funds and activity until and unless any and all claims or other conduct are favorably resolved to Levitating Pot’s reasonable satisfaction, and Levitating Pot may deduct from any payments Levitating Pot’s related attorneys’ fees and legal costs in connection. User shall forfeit any monies that are attributable to fraud, infringement or other illegal activity.
8. DIGITAL ITEMS
8.1. General. The Services may include an opportunity for the User to obtain virtual, in-game currency, including without limitations, virtual coins, credits, bonuses, collectibles, and/or other virtual items all to be used within the Services (“Digital Items”). Digital Items are used for participating in Non-Cash Commpetitions. Digital Items can be either won or obtained within the Services and these Digital Items are licensed to the User by Levitating Pot for User’s personal use through the Services, subject to the limitations contained within these Terms and/or other policies established by Levitating Pot.
8.2. Prohibited Transfer. User may not transfer, purchase, trade, sell, exchange, or attempt to sell or exchange Digital Items, or anything that originates from the Services for anything of value in the “real world.” Digital Items can never be redeemed, converted, exchanged, or cashed out for money, currency, goods, products, or otherwise any other item of monetary value from Levitating Pot or any other party. User acknowledges, understands, and agrees that the User has no right or title in the Digital Items originating in any of the Services, or any other attributes associated with the User Account. User’s acquisition of the Digital Items are not refundable, transferable or exchangeable, except in the instances where Levitating Pot grants an exception in its sole discretion. Accordingly, User may not sublicense, trade, sell or attempt to sell Digital Items for “real” money, or exchange Digital Items for value of any kind outside of the Services, without Levitating Pot’s written permission. Doing so is a violation of these Terms and may result in termination of your account and/or legal action taken against you, any such transfer or attempted transfer is prohibited and void. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Digital Items with the Services, User has no right or title in or to any such Digital Items appearing or originating with the Services, or any other attributes associated with the use of the Services or stored within the Services.
8.3. Management of Digital Items. Levitating Pot retains the right to manage, regulate, control, modify and/or eliminate Digital Items at its sole discretion, and Levitating Pot shall have no liability to the User or anyone for the exercise of such rights. Prices and availability of Digital Items are subject to change without notice. In addition to the foregoing, Levitating Pot may selectively remove or revoke Digital Items associated with the User Account at its sole discretion. Absent a breach of the Terms of Service or Applicable Law, any Digital Items purchased by User for real money shall be refunded to the User.
8.4. Restriction on Digital Items. Digital Items may only be held by legal residents of countries, states, and localities where Access and Use of the Services is permitted. Digital Items may only be acquired or awarded from Levitating Pot through the means provided on Levitating Pot’s Services or otherwise expressly authorized by Levitating Pot. Levitating Pot does not recognize any purchases or transfers made outside of the Service on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the persons with respect to Digital Items purchased or obtained from third parties, and not through the means established within the Services.
8.5. No Refunds. User acknowledges, understands, and agrees that Levitating Pot is not required to provide a refund for any reason and that the User will not receive money or other compensation for unused Digital Items when the User Account is closed, regardless of whether such closure was voluntary or involuntary. All Digital Items are forfeited by the User if the User Account is terminated or suspended for any reason, or if the Services are no longer available. If User Account is terminated, suspended and/or if any Digital Items are selectively removed or revoked from the User Account, no refund will be granted, no Digital Items, including Tokens will be credited to the User or converted to cash or other forms of reimbursement.
9. USER WARRANTIES
9.1. GENERAL. USER HEREBY WARRANTS THAT: (i) ALL INFORMATION PROVIDED BY THE USER TO LEVITATING POT IN CONNECTION WITH THE MOBILE APPLICATION, WEBSITE, AND THE SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) USER HAS FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE; (iii) USER IS OF LEGAL AGE (18 YEARS OLD) TO FORM A BINDING CONTRACT WITH LEVITATING POT; (iv) USER WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; AND (v) USER SHALL PERFORM ALL OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS.
9.2. Third Party Terms. User represents and warrants that User shall comply with any and all licenses or other terms and conditions of all applicable third-party service providers.
9.3. Data. User represents and warrants that: (i) User has obtained all necessary rights and permissions to any content or information uploaded to the Services and to grant to Levitating Pot the rights required by these Terms of Service; (ii) User’s Access and Use of the Mobile Application, Website, Services, any Content, and other submission through the Services will not violate (a) any laws, (b) the intellectual property, privacy or other rights of third parties, or (c) User’s or applicable third party local regulations regarding the processing of personal information.
9.4. Export. Any and all products downloaded or purchased from the Website, Mobile App or through the Services, may be subject to United States export controls. User AGREES that User and User’s representatives are not nor will be at any time in the future (i) located in a country embargoed by the United States, (ii) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (OFAC); (iii) designated by the President or OFAC pursuant to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56 or any Executive Order of the President issued pursuant to such statutes; or (iv) named on the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons;” (v) or if the undersigned is an individual or a User, named on the U.S. Treasury Department’s list of Specially Designated Nationals (SDN); or (vi) on the United States Commerce Department’s Table of Deny Orders.
10. INTELLECTUAL PROPERTY (IP); LINKING
10.1. Sole Ownership of IP Rights. The Mobile Application, Website, and all aspects of the Services, in their entirety, including the Levitating Pot’s Website name and logo, and all other Services, Content, site design, text, data, interfaces, product and service names, design marks, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, expression, structure, arrangement, coordination, enhancement and presentation of said elements, as well as the “look and feel” of the Website (including color combinations, layout, design and all other graphical elements), are the sole property of Levitating Pot and/or its authorized affiliates. The foregoing Levitating Pot rights are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules; and may not be copied, used or re-used for any purpose not expressly authorized in these Terms of Service, without Levitating Pot’s prior written permission. User acknowledges that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Material published by Levitating Pot on the Website and Mobile Application may contain other proprietary notices or describe products, services, processes, or technologies owned by Levitating Pot to which the same such protections and rights above will apply, unless such material is rightly owned by a third party.
10.2. Use of Levitating Pot IP. Nothing in these Terms of Service or through the use of the Services shall be construed as granting the User a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of Levitating Pot or any other third party, except as otherwise granted herein. Similarly, unless otherwise specifically provided herein or authorized by Levitating Pot in writing, all rights in the Mobile Application, Services, and Content not expressly granted to the User are reserved by Levitating Pot. Pursuant to the licenses granted herein, User AGREES not to copy, republish, frame, or make available for assign, download, distribution, lease, license, loan, modification, rent, sale, sublicense, transmission, reverse engineering, or creation of derivative works based on the Mobile App or Services. User also AGREES to not delete nor change any attribution or proprietary rights notices in any Content.
10.3. Third Party Materials. The Mobile Applications, Website, and Services may include links to other websites and/or third-party products that are not under Levitating Pot’s control (collectively, “Third Party Materials”). Levitating Pot provides such links only for convenience to users of the Services, and the inclusion of any link to Third Party Material(s) does not imply endorsement by Levitating Pot of the content, products and/ or services of such Third party Material(s). User’s use of such Third Party Materials is made at User’s own risk and shall be subject to the terms of use of such Third Party Materials. Users acknowledges that Levitating Pot has no liability to the User’s use of Third Party Materials and any problems or complaints that may arise from User’s use of such Third Party Materials should be directed to such third parties.
10.4. Linking to Website. Linking to this Website is permitted provided that User complies with the following rules. User may link to the landing page of the Website or to any other page of the Website. However, User are not allowed to use in-line linking (or hot-linking) or framing. User must not imply that Levitating Pot endorses or sponsors the linker or any third party; or their website, products or services. User must not use Levitating Pot’s intellectual property, including, but not limited to, trademarks, trade names, and copyrights without advance written permission from Levitating Pot. Furthermore, User AGREES to remove any link to the Website at any time, upon Levitating Pot’s request.
11. LEVITATING POT WARRANTIES AND DISCLAIMERS
11.1. SERVICES “AS IS” AND “AS AVAILABLE.” THE MOBILE APPLIACATION, ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY, OR SUITABILITY OF THE COWORKING SERVICES, COWORKING PROVIDERS, OR PREMISES, ARE NOT ENDORSED OR WARRANTED BY LEVITATING POT. THE USE OF THE MOBILE APPLICATIONS, WEBSITE, SERVICES, OR OTHER USE OF ANY PRODUCTS THROUGH THE MOBILE APPLICATIONS AND THE WEBSITE IS DONE AT USER’S OWN DISCRETION AND RISK AND WITH USER’S TERMS OF SERVICE THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM, DEVICES, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. LEVITATING POT HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE MOBILE APPLICATION, THE WEBSITE, SERVICES, OR ANY CONTENT. LEVITATING POT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE MOBILE APPLICATIONS, THE WEBSITE, SERVICES, OR CONTENT. USER ACKNOWLEDGES THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. LEVITATING POTt DOES NOT WARRANT THAT THE MOBILE APPLICATIONS, THE WEBSITE, SERVICES, CONTENT, THE SERVERS WHICH MAKE THE WEBSITE, AND CONTENT AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY LEVITATING POT ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. LEVITATING POT DOES NOT WARRANT THAT THE SERVICES SHALL BE UNINTERRUPTED, OR THAT SERVICES SHALL BE ERROR-FREE. LEVITATING POT DOES NOT GUARANTEE THAT ANY COMPETITIONS THE USER PARTICIPATES IN WILL BE FAIR OR THAT OTHER PLAYERS AND USERS WILL NOT CHEAT IN THE GAME, NOR CAN LEVITATING POT GUARANTEE THAT THE USE OF SERVICES WILL GENERATE A PROFIT FOR A USER. LEVITATING POT IS ALSO NOT RESPONSIBLE FOR ANY LOSSES TO THE USER’S USER ACCOUNT.
11.2. LIMITATION OF LIABILITY. LEVITATING POT’S LIABILITY ARISING OUT OF THE SERVICES, INCLUDING ANY ONE OR MORE CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. ANY ACTION BROUGHT AGAINST LEVITATING POT PERTAINING TO OR IN CONNECTION WITH THE MOBILE APPLICATION, THE WEBSITE AND SERVICES MUST BE COMMENCED AND NOTIFIED TO LEVITATING POT IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE OF ACTION AROSE.
11.3. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL LEVITATING POT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY FORM OR THEORY OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EQUITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OVERHEAD, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL CIRCUMSTANCES.
12. TERM, TERMINATION, SUSPENSION AND OTHER MEASURES
12.1. Term. These Terms of Service shall remain in force and effect until they are terminated by the User or Levitating Pot pursuant to these Terms of Service.
12.2. Termination by the User. User may terminate these Terms at any time and for any reason, or no reason, by sending Levitating Pot a request for termination of the account at support@potlevitating.com. Upon such termination all licenses and rights granted to the User are terminated and the User must immediately cease using the Services.
12.3. Termination by Levitating Pot. Levitating Pot may terminate these Terms at any time and for any reason, or no reason. Furthermore, Levitating Pot may permanently or temporarily terminate, suspend, or otherwise refuse to permit the User to Access and Use the Services without notice and liability upon any violation of these Terms.
12.4. Upon Termination. In the event that Levitating Pot terminates these Terms of Service, and absent the User’s breach of these Terms or Applicable Law, Levitating Pot shall pay out any Cash Prizes accrued in the User Account and refund any unused Tokens that the User had purchased with real money, all in accordance with Section 4.12. In the event of termination due to User’s breach, all Cash Prizes and unused Tokens shall be forfeited by User. In the event that User terminates these Terms of Service, and absent the User’s breach of these Terms of Service, Levitating Pot shall pay out any Cash Prizes accrued in the User Account, however, User shall forfeit any unused Tokens.
13. CLAIMS OF COPYRIGHT AND TRADEMARK INFRINGEMENT
13.1. Copyright. To report the infringement of Your copyright or to file a take-down notice, please contact policy@potlevitating.com.
13.2. Trademark Infringement Notice. Levitating Pot recognizes the importance of trademarks and takes allegations of trademark infringement very seriously. If You are the trademark owner (or the authorized representative of the owner), You can report a claim of trademark infringement to Levitating Pot at policy@potlevitating.com. While Levitating Pot does not adjudicate disputes between parties in connection with trademark infringement or any other matter, Levitating Pot will make good faith effort to address Your concerns, including (in some instances) removing the infringing content or disabling access to the infringing content. However, in order to be assured that the claimed content is indeed infringing, Levitating Pot may require proof from You, such as, for example a trademark registration or a court order finding trademark infringement. Some services or products on the Website are created and operated by third party developers or service providers. As such, Levitating Pot does not have the ability to control the content made available through these applications or services. If You believe Your trademark has been infringed by a third party service provider and not Levitating Pot, You should contact the third party directly with Your concerns.
14. SUPPLY AND RIGHT TO SERVICE
Temporary suspension of access to the Mobile Application, Website, or Services may occur with notice at Levitating Pot’s sole discretion including, without limitation, in the case of repair, maintenance, system failure, or for reasons beyond Levitating Pot’s control. Levitating Pot reserves the right to suspend the operation of its Mobile Application, Website, or Services but will only do so on a good faith basis. The Website and Services may contain references to specific Levitating Pot products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
15. INDEMNIFICATION
User hereby AGREES to indemnify and hold harmless Levitating Pot and/or its vendors and service providers, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty, or liability, which includes reasonable attorney fees and other professionals’ costs, which are payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of (i) User’s breach of any representation, warranty, obligation, or covenant of these Terms of Service and/or Coworking Rules, (ii) any improper use of the Mobile Application , Website and/or Services, (iii) any interaction with Coworking Providers or other Members, stay and/or use of the Premises, or (iv) breach of any laws, regulations, or third-party rights such as intellectual property or privacy rights. Levitating Pot retains the exclusive right to compromise, pay, and settle, without User’s consent, any and all claims or causes of action that are brought against Levitating Pot. Levitating Pot also reserves the right, at User’s expense, to assume the exclusive control or defense of any matter for which User is required to indemnify Levitating Pot and User AGREES to cooperate with the defense of these claims. User AGREES not to settle any matter in which Levitating Pot is named as a defendant and/or for which User have indemnity obligations hereunder, without Levitating Pot’s prior written Consent. Levitating Pot will use all reasonable efforts to communicate with and notify the User of any such action, claim, or other proceeding in an acceptable and timely manner.
16. DISPUTE RESOLUTION AND ARBITRATION
16.1. Injunctive Relief. User acknowledges and AGREES that any violation or breach of these Terms of Service may cause Levitating Pot immediate and irreparable harm and damage. As a result, Levitating Pot has the right to, and may in its sole discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief against the User regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Levitating Pot in law or in equity, Levitating Pot may seek specific performance of any term in these Terms of Service.
16.2. Arbitration. In the event of a dispute between the parties arising out of or in connection with these Terms of Service, the parties shall use their best efforts to resolve the dispute in an amicable manner. If an amicable settlement cannot be reached within thirty (30) days of written notice of a dispute, such dispute shall be resolved by arbitration, upon either party’s written request, by court of the Republic of Cyprus.
16.3. Class Action Waiver. User agrees that each Party may bring claims against the other only on individual basis and not as plaintiff or class member in purported class, representative, or pr. Unless agreed in a separate writing by the User and Levitating Pot, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Levitating Pot users. If a court decides that applicable law precludes enforcement of any of the aforementioned prohibitions on class, representative, or private attorney general actions or proceedings as to any claim, then that claim (and only that claim) must be severed from the arbitration and resolved in court, subject to your and Levitating Pot’s right to appeal the court’s decision. All other claims will be arbitrated.
16.4. Expenses. The substantially prevailing Party in any legal action, including arbitration, brought by one Party against the other and arising out of this Agreement shall be entitled, along with any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorney’s fees. Such fees may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose. Such fees shall be in addition to any other relief that may be awarded.
17. MISCELLANEOUS
17.1. Survival. Obligations under Sections 4, 7, 9-12, 15-17 of these Terms of Service shall continue in effect after termination.

17.2. Third Party Beneficiaries. There are no third party beneficiaries to this Agreement.
17.3. Assignment. Levitating Pot may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without User’s consent. User, however, may not assign or delegate any rights or obligations under these Terms of Service without Levitating Pot’s prior written consent, and any unauthorized assignment and delegation by the User shall be void and ineffective.
17.4. Feedback. You may from time to time provide suggestions, comments, or other feedback to Levitating Pot with respect to any product, material, software, or information provided by Levitating Pot (“Feedback”). Such Feedback is warmly appreciated and welcomed, as Levitating Pot strives to bring You the best possible services. All Feedback is and shall be entirely voluntary and shall not, absent a separate Terms of Service, create any confidentiality obligation for Levitating Pot. Levitating Pot will not disclose the source of any feedback without notice to the providing party. However, Levitating Pot shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to You. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to Levitating Pot’s Privacy Policy.
17.5. COPPA. The Children’s Online Privacy Protection Act (COPPA) was passed to give parents increased control over what information is collected from their children online and how such information is used. The law applies to websites and services directed to, and which knowingly collect information from, children under the age of 13. Levitating Pot’s Website and Services are not directed to children under the age of 13, nor is information knowingly collected from them. For additional information on COPPA protections, please see:
http://www.onguardonline.gov/articles/0031-kids-privacy
17.6. Terms of Service to Deal Electronically. All transactions with or through the Mobile Application or Services will be conducted and executed electronically. Levitating Pot may keep records of any type of communication conducted via the Services. User AGREES to receive electronic communications from Levitating Pot, which shall include all Terms of Services, disclosures, and notifications, and that such communications will always be in writing. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
17.7. Force Majeure. Neither the User nor Levitating Pot shall be considered to be in default or breach of these Terms of Service, and shall be excused from performance or liability for damages to the other party, if and to the extent the User or Levitating Pot shall be delayed in or prevented from performing or carrying out any of the provisions of these Terms of Service, arising out of or from any act, omission, or circumstance by or in consequence of any act of God, labor disturbance, sabotage, failure of suppliers of materials, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, breakage or accident to machinery or equipment or any other cause or causes beyond the User’s or Levitating Pot’s reasonable control, including any curtailment, order, regulation (including sanctions), or restriction imposed by governmental, military or lawfully established civilian authorities. A Force Majeure event does not include an act of negligence or intentional wrongdoing by the User or Levitating Pot.
17.8. Severability. These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service is held to be invalid or unenforceable under applicable law, then (i) such provision will be interpreted, construed, or reformed to the extent necessary to render the same outcome as attempted in the original writing (or as close thereto as possible); and (ii) such invalidity or unenforceability will not affect any other provision of this Terms of Service.
17.9. Waiver; Terms of Service Rights. In the case Levitating Pot or User waive any breach or any rights under these Terms of Service, such waiver will affect only that particular situation and will not waive any other future breach. Additionally, the failure of Levitating Pot to enforce these Terms of Service under strict performance will not be construed as a waiver of Levitating Pot’s rights and remedies, herein, nor shall the particular failure to enforce said situation stand as precedent that Levitating Pot does not enforce these Terms of Service under strict performance. Levitating Pot fully intends to enforce these Terms of Service in strict performance, however, Levitating Pot reserves the right to enforce and waive breaches, remedies, and rights on a case-by-case basis. Any such waiver, as discussed above, must be made in writing and executed by Levitating Pot, and when appropriate Employer, in order for any effect to be given to such waiver. No waiver will be effective without Levitating Pot’s authorized signature, and when Employer’s signature is required, no waiver also will be effective without Employer’s authorized signature.
17.10. Entire Terms of Service. These Terms of Service, including if not superseded by the most recent version (by calendar date of implementation) of Levitating Pot’s Terms of Service, and the Levitating Pot Privacy Policy constitute the entirety of the agreement between Levitating Pot and the User to Access and Use the Mobile Application, Website, and Services. No waivers will be given effect that are not in writing, and likewise, no other documents shall be consulted or are necessary in interpretation of this Terms of Service between Levitating Pot and the User, besides these Terms of Service and the Privacy Policy. This Terms of Service and all documents and communications related thereto are and will be written in English. Unless allowed for and excepted by these Terms of Service, the agreement between Levitating Pot and the User is wholly contained, herein.
18. CONTACT US
If you have any questions about these Terms or Levitating Pot’s Services in general, please contact us at policy@potlevitating.com or support@potlevitating.com. Subject to the content of your inquiry, Levitating Pot may request that you provide additional information in order to allow the appropriate handling of your inquiry.
LEVITATING POT DOES NOT BEAR ANY RESPONSIBILITY NOR ASSUMES ANY RISKS IF FOR ANY REASON A PRODUCT OR A SERVICE MADE AVAILABLE ON THE WEBSITE BREACHES NATIONAL LAW OF ANY COUNTRY. THOSE WHO ACCESS THE WEBSITE OR SERVICES DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH THEIR NATIONAL LAWS.
Copyright © 2024 Levitating Pot Limited. All rights reserved. The Mobile Application, Website, and Services and Levitating Pot products and documentation are the copyrighted property of Levitating Pot Limited and/or its affiliates and licensors and protected by copyright laws and international intellectual property treaties. Levitating Pot, related logos, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Levitating Pot Limited. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the Levitating Pot or third-party trademarks or logos without the express prior written consent of Levitating Pot Limited or the applicable trademark owner is strictly prohibited.