Terms of Service and EULA

Effective Date: 7/5/2019

IMPORTANT NOTICE:

Thank you for choosing UBICoin, a mobile application developed and operated by Lakehome Games, LLC ("we," "us," or "our"). This combined Terms of Service and End User License Agreement ("EULA" or "Agreement") is a binding legal agreement between you (the "User") and Lakehome Games, LLC. As used in this Agreement, the term platform (the “Platform”) refers collectively, and at times individually, to (1) the UBICoin app software (the "App"), (2) the third-party service instances that the App uses and specifically configured for use by the App, (3) the related accounts the App uses ("Account, or Account(s)"), (4) the related products and services, and (5) all features and components of each of them, whether installed or used on a computer, server, console, or mobile device. 

By downloading, installing, accessing, or using the Platform you agree to be bound by this EULA. If you do not agree to these terms, do not install, use, or access the Platform. This EULA sets forth the terms and conditions under which you are licensed to install, access, and use the Platform, and it governs the other aspects of the relationship between you and Lakehome Games, LLC as set forth below. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, ACCESS, OR USE THE PLATFORM.  You must be and hereby affirm that you are an adult of the legal age of majority in your country and state of residence. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement. By installing or using the Platform, you represent that your parent or legal guardian consents to this Agreement.

1. License Grant

Lakehome Games, LLC grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Platform on a compatible Android device solely for personal, non-commercial purposes in accordance with this EULA. Your use of the Platform is licensed, not sold, to you, and you hereby acknowledge that no title or ownership with respect to the Platform is being transferred or assigned and this Agreement should not be construed as a sale of any rights. All access to and use of the Platform is subject to this Agreement, the applicable software documentation, and our Privacy Policy (collectively, the “Complete Terms”). The Complete Terms are hereby incorporated into this Agreement by reference (with this Agreement controlling any conflicting terms) and represent the complete agreement between you and us relating to use of the Platform, superseding any prior agreements between you and us, whether written or oral.

Under this license:

2. Your Account(s)

You may establish an Account only if:


You may not use your real name as the password for the Account(s), and you cannot share the Account(s) with anyone, unless the terms of this Agreement allow it.


You agree to pay all fees and applicable taxes incurred by you or anyone using your Account(s). If you choose a recurring subscription for the Platform, you acknowledge that payments will be processed automatically until you cancel the subscription or the Account(s). Lakehome Games, LLC may revise the pricing for the goods and services offered through the Platform at any time. YOU ACKNOWLEDGE THAT LAKEHOME GAMES, LLC IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO LAKEHOME GAMES, LLC FOR USE OF THE PLATFORM, OR FOR DIGITAL PURCHASES MADE THROUGH THE PLATFORM, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE LAW.


Lakehome Games, LLC uses third-party providers for authentication and identity management in connection with your Account. Accessing the App will require the receipt of a SMS (text message) as a part of the App's Two-Factor Authentication ("2FA"). Standard carrier rate and data or messaging rates may apply when you receive notifications via SMS.


When there’s something we need to tell you about your Account, or the Platform, we’ll communicate with you via SMS (text message) or email, as these may be optionally provided, but are not required to use the Platform. Standard carrier rate and data or messaging rates may apply when you receive notifications via SMS or email. You may opt-out of informational communications at any time. To opt-out of informational communications click the "Unsubscribe" button contained in email messages, reply STOP to SMS messages, or contact Customer Support at support@lakehomegames.com.


You must maintain the confidentiality of your Account(s), as you are responsible for all uses of your Account(s), including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Account information, you must immediately notify Lakehome Games, LLC through support@lakehomegames.com.


3. The Platform


Your use of the Platform to interact with Lakehome Games, LL and other Users is governed by our Code(s) of Conduct (the “Codes of Conduct”) and App policies (the “App Policies”). The Codes of Conduct and App Policies are not meant to be exhaustive. The Codes of Conduct and App Policies are incorporated into this Agreement by this reference, and are available on Lakehome Games, LLC’s website, located here. Please note that violation of any of Lakehome Games, LLC’s Codes of Conduct (including with regard to Your use of Lakehome Games, LLC’s Websites and Forums) or App Policies may result in penalties against your Account(s), including suspension and/or termination of your Account(s) and/or suspension and/or termination of your access to the Platform.


Lakehome Games, LLC shall have the right to obtain non personal data from your connection to the Platform. 


Lakehome Games, LLC and its partners (such as marketing and analytics providers) shall have the right to monitor and/or record your communications when you use the Platform, and you acknowledge and agree that when you use the Platform, you have no expectation that your communications will be private. Lakehome Games, LLC shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Lakehome Games, LLC policy; (c) to protect Lakehome Games, LLC's legal rights and remedies; (d) to protect the health or safety of anyone that Lakehome Games, LLC believes may be threatened; or (e) to report a crime or other offensive behavior.


4. UBICoin Balance


As an active Account holder, you may have a balance of UBICoin. Lakehome Games, LLC grants you a limited license to acquire, use, and transfer UBICoin pursuant to the terms of this Agreement. Regardless of how it is acquired, UBICoin does not accrue interest, and is not insured by the Federal Deposit Insurance Corporation (FDIC). You acknowledge and agree that we may revise or take action that impacts the perceived value or purchase price of UBICoin at any time except as prohibited by applicable law. UBICoin may terminate in accordance with the terms and conditions of this Agreement, when we cease providing the Platform or any portion thereof, or this Agreement is otherwise terminated. UBICoin does not constitute or confer upon you any personal property right. Lakehome Games, LLC reserves the right to change the maximum and minimum amounts applicable to UBICoin at any time. UBICoin is not a bank account.


Lakehome Games, LLC will not send you a statement of itemized transactions for your UBICoin. In order to check the balance of your UBICoin in your Account or review your recent UBICoin transactions, visit the Dashboard in the App. You are solely responsible for verifying that the proper amount of UBICoin has been added to or deducted from your Account.


Lakehome Games, LLC reserves the right to reduce, liquidate, deactivate, suspend or terminate your UBICoin, or other Platform features if we determine, in our sole discretion, after investigation, that you have violated this Agreement.


You are responsible for all uses of your UBICoin. If you suspect that your UBICoin has been compromised, you should contact Lakehome Games, LLC Customer Service through support@lakehomegames.com so that the matter can be investigated. Lakehome Games, LLC, in its sole discretion, may require additional information and/or documentation to verify your claim, and once Lakehome Games, LLC has the information that we deem necessary to verify your claim, we will take actions to freeze your Account until we have returned control of your Account to you. Regardless of any actions Lakehome Games, LLC may take on your behalf, you acknowledge and agree that Lakehome Games, LLC has sole and absolute discretion in determining whether or not your claim is valid and, if so, the appropriate remedy.


5. User-Created Content


The Platform may provide you an opportunity to upload and display content on the Platform, such as in Notes, or on Forums, including the compilation, arrangement or display of such content (collectively, the “User Content”). 


You hereby grant Lakehome Games, LLC a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. Lakehome Games, LLC shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. 


In the event you upload or otherwise transmit to Lakehome Games, LLC any concepts, ideas, or feedback relating to the Platform, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and Lakehome Games, LLC, and Lakehome Games, LLC may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and Lakehome Games, LLC. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world. 


You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Lakehome Games, LLC may remove any User Content and any related content or elements from the Platform at its sole discretion.


6. Ownership and Intellectual Property

The Platform, including but not limited to its design, code, content, and all related intellectual property rights, is the exclusive property of Lakehome Games, LLC. All rights not expressly granted in this EULA are reserved. Lakehome Games, LLC is the owner of all right, title, and interest in and to the Platform and all of the features and components thereof. The Platform may contain materials licensed by third-parties to Lakehome Games, LLC, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of the Platform are owned or licensed by Lakehome Games, LLC:

7. License Limitations

Lakehome Games, LLC may suspend or revoke your license to use the Platform, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:

8. Third-Party Services

The App integrates the following third-party services, which are only used for Backup and Restore operations:

Your use of these services is subject to their respective terms and conditions. Lakehome Games, LLC is not responsible for the actions or policies of third-party providers.

9. Privacy Policy

The Platform does not collect, store, or share any personal data. Identity tokens used for authentication do not include any personal data. Third-party authentication providers, however, may collect personal data (for example, they may collect your phone number for use with 2FA). Please see our Privacy Policy, hereby incorporated into this EULA, for more information. Third-party services integrated into the Platform may collect and process user data, but the Platform itself does not. Please refer to the privacy policies of third-party services listed above for their information.

10. Age Requirement

The Platform is intended for use only by people of the legal age of majority in their country and state of residence. You must be and hereby affirm that you are an adult of the legal age of majority in your country and state of residence. If you are under the legal age of majority in your country and state of residence, but over the age of 13 (a "Child"), your parent or legal guardian must consent to this Agreement. If you are a Child and install or use the Platform, you represent that your parent or legal guardian consents to this Agreement.

Account Users age 13 or older but under the age of majority where they live must review this Agreement and the Privacy Policy together with their parent or guardian. If you are the parent or legal guardian of an Account User who is a Child, you also agree to be bound by this Agreement on the Child’s behalf. In the event that you permit your Child to use the Platform, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Platform by your Child whether or not any particular use was authorized by you. Parents/guardians are jointly and severally liable for all acts and omissions of their Child for all uses of the Platform.

Children under 13, under any circumstances, and in any country or state of residence may not utilize the Platform, nor enter into this Agreement even with the consent of a parent or legal guardian, or even if their country or state of residence defines them to be of the legal age of majority. 

11. Term and Termination

This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Platform. In the event that Lakehome Games, LLC chooses to cease providing the Platform or any part thereof, or license to a third party the right to provide the Platform or any part thereof, Lakehome Games, LLC shall use reasonable commercial efforts to provide you prior notice, unless the discontinuance arises from a matter that is beyond Lakehome Games, LLC's control or causes the provision of such advance notice not to be possible or feasible. Neither the Platform nor Lakehome Games, LLC 's agreement to provide access to the Platform shall be considered a rental or lease of time on the capacity of Lakehome Games, LLC's servers or other technology.

You may terminate this Agreement at any time by notifying Lakehome Games, LLC by email through legal@lakehomegames.com and by uninstalling the App, but the Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.

Lakehome Games, LLC reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Lakehome Games, LLC may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.

In the event of a termination of this Agreement, any right you may have had to any virtual goods, such as digital cards, achievements, currency, items, badges, notes, backups, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts on your Account or virtual goods prior to any termination of this Agreement. In addition, you will not be able to use the Platform or any part thereof, including but not limited to virtual goods. The Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.

12. Disclaimer of Warranties

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

13. Limitation of Liability

The entire risk arising out of use or performance of the Platform or any part thereof remains with the User. Lakehome Games, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use or inability to use the Platform or any part thereof. To the fullest extent allowed by applicable law, Lakehome Games, LLC, its parent, subsidiaries, licensors and affiliates shall not be liable for any loss or damage (including, but not limited to indirect, incidental, special, consequential, or punitive damages) arising out of your use of, or inability to access or use, the Platform or any part thereof. 

14. Indemnity

You hereby agree to defend and indemnify Lakehome Games, LLC, its parent, subsidiaries, licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Lakehome Games, LLC arising out of or from any violation by you of this Agreement or your misuse of the Platform, or of any specific services or features associated therewith, including but not limited to User Content, Account(s), and this Agreement.

15. Equitable Remedies

You agree that Lakehome Games, LLC would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Lakehome Games, LLC shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to Lakehome Games, LLC will not limit its ability to receive remedies that are otherwise available to Lakehome Games, LLC under applicable laws.

16. Alterations

Lakehome Games, LLC may create updated versions of this Agreement (each a “New Agreement”) as its business and the law evolve.

This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively and cannot alter the process for resolving a Dispute between us once you have notified Lakehome Games, LLC of a Dispute. If you do not wish to be bound by a New Agreement, you must immediately cease using, and uninstall, the Platform. Your continued use of the Platform after Lakehome Games, LLC has published a New Agreement constitutes acceptance by you of the New Agreement.

Lakehome Games, LLC may change, modify, suspend, or discontinue any aspect of the Platform at any time. Lakehome Games, LLC may also impose limits on certain features or restrict your access to parts or all of the Platform without notice or liability. Except as otherwise set forth herein, Lakehome Games, LLC  does not guarantee that the Platform, or any particular features or components thereof, will be available at all times, at any given time, or in all countries and/or geographic locations, or that Lakehome Games, LLC will continue to offer the Platform, or any or all features or components thereof, for any particular length of time. Availability is subject to change at any time, although we will endeavor to use reasonable commercial efforts to provide you prior notice, unless the discontinuance arises from a matter that is beyond Lakehome Games, LLC’s control or causes the provision of such advance notice not to be possible or feasible.

17. Governing Law and Dispute Resolution

This EULA shall be governed by and construed in accordance with the laws of the country of the United States of America and the State of Minnesota, without regard to its conflict of law principles.

18. Changes to this EULA

We reserve the right to modify this EULA at any time. We will provide notice of significant changes through the App or other communication methods. Your continued use of the App after such changes constitutes acceptance of the revised EULA.

19. General

You understand and agree that the Platform may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilize the Platform under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your use of the Platform in such country or region is authorized by U.S. law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo; and (4) will not use the Platform in connection with an end-use prohibited by U.S. law.

Lakehome Games, LLC may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Lakehome Games, LLC's prior written consent. Your assignment of this Agreement without Lakehome Games, LLC’s prior written consent shall be void.

Lakehome Games, LLC's failure to enforce a provision of this Agreement shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, Lakehome Games, LLC may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.

Lakehome Games, LLC shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Lakehome Games, LLC, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Except as expressly set forth to the contrary herein, if any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.

The provisions of the following sections above shall survive termination of this Agreement for any reason: "Ownership and Intellectual Property", "Disclaimer of Warranties", "Limitation of Liability", "Indemnity", "Equitable Remedies", "Dispute Resolution", and "General".

This Agreement, along with Lakehome Games, LLC’s other applicable agreements located on Lakehome Games, LLC's Legal Documentation page, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.

19. Contact Information

If you have any questions or concerns about this EULA, please contact us at legal@lakehomegames.com.

Thank you for using UBICoin!