6. USER ACCOUNT6.1. 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 ITEMS8.1. 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 WARRANTIES9.1. 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); LINKING10.1. 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 DISCLAIMERS11.1. 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 MEASURES12.1. 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 INFRINGEMENT13.1. 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 SERVICETemporary 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. INDEMNIFICATIONUser 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 ARBITRATION16.1. 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. MISCELLANEOUS17.1. 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 USIf 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 © 2023 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.