1. Agreement to Terms
Welcome to Logisch Interactive. These Terms of Service (“Terms”) constitute a legally binding agreement between you and Logisch Interactive (“Company”, “we”, “us” or “our”) regarding your access to and use of the website, mobile applications, games, and related services (collectively, the “Services”).
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue your use of our Services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms.
2. Definitions
To help you understand these Terms, here are some key definitions:
- “Services” - All Logisch Interactive websites, mobile applications, games, and related services, including but not limited to content, features, functionality, user interfaces, information, code, and materials.
- “User” - Any individual who accesses or uses our Services, regardless of whether they have created an account or not.
- “Account” - A registered profile created by a User to access certain features of our Services.
- “Content” - Any information, text, graphics, photos, videos, software, music, sounds, or other materials that appear on or through our Services, whether placed by us or Users.
- “User Content” - Content that you submit, post, upload, or otherwise make available through our Services, including comments, feedback, suggestions, reviews, and communications.
- “Intellectual Property Rights” - All rights in and to any copyright, trademark, service mark, trade secret, patent, and other intellectual property rights created, conceived, or owned by any party.
3. Eligibility and Registration
You must be at least 13 years of age to access and use our Services. If you are under the age of 18, you confirm that you have permission from a parent or guardian to use our Services, and your parent or guardian agrees to be bound by these Terms on your behalf.
Certain features of our Services may require you to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account details, including your password, and for any activity that occurs under your account.
We reserve the right to disable any user account at any time, including if we believe that you have violated any provision of these Terms. If you know of or suspect any unauthorized use of your account, please notify us immediately.
4. User Accounts
Account Creation
To access certain features of our Services, you may need to create an account. When creating an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.
Account Requirements
- You must be at least 13 years old to create an account. If you are between 13 and 18 years of age, you must have parental consent.
- You may not create multiple accounts for the same person or share account credentials with others.
- You may not transfer your account to anyone else without our prior written consent.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
- You may not use false identity information or impersonate another person when creating or using your account.
- You are responsible for all activity occurring under your account, regardless of whether you have authorized such activity.
Account Termination
We may suspend or terminate your account at any time, without prior notice or liability, for conduct that we determine, in our sole discretion, violates these Terms, infringes on intellectual property rights, is fraudulent, or is harmful to others. Upon termination, your right to use the Services will immediately cease.
You may terminate your account at any time by following the instructions in your account settings or by contacting us. We may retain certain information as required by law or necessary for our legitimate business purposes.
5. Content & Conduct
User Content
Our Services may allow you to create, upload, post, send, receive, and store content. When you provide User Content, you grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, host, store, reproduce, modify, adapt, publish, distribute, and display such User Content in connection with providing and promoting our Services. This license continues even if you stop using our Services, solely for the limited purpose of allowing us to comply with law enforcement requests.
You are solely responsible for the User Content that you post, upload, or otherwise make available through our Services. You represent and warrant that:
- You own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use all Intellectual Property Rights in and to any User Content, and to enable inclusion and use of such User Content in the manner contemplated by these Terms.
- Your User Content does not violate any third-party rights, including intellectual property rights, privacy rights, publicity rights, or contractual rights.
- Your User Content does not contain material that is false, misleading, defamatory, obscene, pornographic, harassing, threatening, discriminatory, or otherwise violates any applicable law or regulation.
- Your User Content complies with these Terms and all applicable laws and regulations.
Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Using our Services for any illegal purpose or in violation of any local, state, national, or international law or regulation.
- Posting or transmitting content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful, fraudulent, or otherwise objectionable.
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Interfering with or disrupting the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware, or other code of a destructive or disruptive nature.
- Attempting to reverse engineer, decompile, disassemble, or hack any Service, or to defeat or overcome any of our encryption technologies or security measures.
- Collecting or harvesting any personally identifiable information from the Services, including account names, email addresses, or other contact information.
- Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Attempting to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services.
- Using the Services for any commercial solicitation purposes without our prior written consent.
- Circumventing, disabling, or otherwise interfering with security-related features of the Services.
We reserve the right, but are not obligated, to monitor, edit, or remove any User Content or to terminate accounts that, in our sole discretion, violate these Terms or are otherwise objectionable.
6. Intellectual Property
Our Intellectual Property
All content, features, and functionality of our Services, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel, are owned by Logisch Interactive, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Our trademarks, service marks, and logos used and displayed on our Services are registered and unregistered trademarks or service marks of Logisch Interactive. Nothing on our Services should be construed as granting any license or right to use any of these marks without our prior written permission.
License to Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use. This license does not include any of the following:
- Resale or commercial use of any Service or its contents
- Collection and use of any product listings, descriptions, or prices
- Derivative use of any Service or its contents
- Downloading, copying, or other use of account information for the benefit of any third party
- Use of any data mining, robots, or similar data gathering and extraction tools
Copyright Infringement
If you believe that any content on our Services infringes upon your copyright, please contact us with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity
- Your contact information, including your address, telephone number, and email address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
7. Payments and Subscriptions
Certain features of our Services may require payment or subscription fees. All prices listed on our Services are in the specified currency and are subject to change at any time. We reserve the right to modify pricing at any time without prior notice.
Payment Methods
We accept various payment methods as specified on our Services. You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, to keep your information current and to allow us to complete your transactions and contact you as needed.
Subscriptions
Some of our Services may be offered on a subscription basis. By subscribing to such Services, you agree to pay recurring fees according to the applicable subscription plan. Subscriptions automatically renew until cancelled by you. You can cancel your subscription at any time through your account settings or by contacting us. If you cancel your subscription, you will continue to have access to the subscription Services until the end of your current subscription period, but you will not receive a refund for any fees already paid.
Refunds
All purchases are final and non-refundable, except as required by applicable law or as explicitly stated in a specific product or service offering. If you believe you are entitled to a refund, please contact us with details of your purchase.
8. Third-Party Services and Links
Our Services may contain links to third-party websites, services, or content that are not owned or controlled by Logisch Interactive. We do not endorse or assume any responsibility for any such third-party sites, services, or content. If you access a third-party website, service, or content from our Services, you do so at your own risk and you understand that these Terms do not apply to your use of such sites.
You expressly relieve Logisch Interactive from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on our Services, including payment and delivery of goods, and any other terms, are solely between you and such advertisers.
9. Disclaimer of Warranties
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
LOGISCH INTERACTIVE, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (A) OUR SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING OUR SERVICES WILL MEET YOUR REQUIREMENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOGISCH INTERACTIVE, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING OUR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Indemnification
You agree to defend, indemnify, and hold harmless Logisch Interactive, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
12. Governing Law and Dispute Resolution
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Logisch Interactive is established, without regard to its conflict of law provisions.
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by an arbitration authority in accordance with the applicable arbitration rules. The place of arbitration shall be in the jurisdiction where Logisch Interactive is established. The language of the arbitration shall be English.
13. Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Changes to Terms
We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you via email or through our Services. By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised Terms.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
15. Miscellaneous
Entire Agreement
These Terms constitute the entire agreement between you and Logisch Interactive regarding your use of the Services and supersede all prior and contemporaneous written or oral agreements between you and Logisch Interactive.
Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Logisch Interactive's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Logisch Interactive may assign or transfer these Terms, at its sole discretion, without restriction.
Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.