Lofty Kingdom Terms of Use

IMPORTANT, READ CAREFULLY: YOUR USE OF THE LOFTY KINGDOM SOFTWARE APPLICATION (THE "GAME") IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS OF USE").

BY CLICKING/CHECKING THE "I AGREE" BUTTON AND ACCESSING THE LOFTY KINGDOM APP, YOU ACCEPT THE TERMS OF USE. IF YOU DO NOT ACCEPT THE TERMS OF USE, CLICK THE "CANCEL" BUTTION AND DO NOT USE THE GAME.

LEGAL AGREEMENT. The Terms of Use constitute a legal agreement between you and EfficiencyLab LLC, a North Carolina limited liability company which is the owner and operator of the Lofty Kingdom app ("EfficiencyLab"). Unless otherwise amended as set forth herein, the Terms of Use will be the complete and exclusive understanding and agreement between the parties governing your access to and use of the Game and will supersede any oral or written proposal, agreement, or other communication between the parties, regarding your access to and use of the Game.

ELIGIBILITY. By accepting the Terms of Use, you represent and warrant that you have reached the age of eighteen (18), are able to form legally binding contracts, and have the right, authority, and capacity to agree and abide by the Terms of Use. In the alternative, as permitted by the laws of the country in which you reside, you represent and warrant that you have reached the age of thirteen (13) and have secured the authorization of your parent or guardian to use the Game. If a parent or guardian has consented to a minor’s access to and use of the Game but wishes to rescind such consent, the parent or guardian should contact us at games@efficiencylab.com to submit the request. We will then terminate that minor’s access to and use of the Game and ensure that the minor’s information is no longer accessible through the Game.

REPRESENTATIONS AND WARRANTIES. You represent, warrant, and covenant that you will not upload, post, transmit, distribute, or otherwise publish through the Game any materials which restrict or inhibit any other user from using and enjoying the Game; are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; violate, plagiarize, or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; contain a virus or other harmful or potentially harmful component; contain any information advertising of any kind; and/or constitute or contain false or misleading indications of origin or statements of fact.

AGREEMENT UPDATES. EfficiencyLab reserves the right, at any time, to modify, alter, or update the Terms of Use without prior notice. Modifications shall become effective immediately upon being posted on the Lofty Kingdom app. Your continued use of the Game after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications. Except as provided in this paragraph, the Terms of Use may not be amended. The Terms of Use operate to the fullest extent permissible by law. If any provision herein is unlawful, unenforceable, or void, that specific provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.

REGISTRATION FOR THE GAME. You may be required to provide information about you in order to register for and use the Game. You agree that any such information shall be accurate. You will also be asked to choose a user name and password. You are entirely responsible for maintaining the security of your user name and password and agree not to disclose such to any third party. You are also responsible for ensuring the accuracy of the information you provide during registration and for maintaining the accuracy of such information.

SYSTEM REQUIREMENTS. Use of the Game requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Game involves hardware, software, and Internet access, your ability to use such Game may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

CHANGES TO THE GAME. EfficiencyLab reserves the right to modify or stop the Game (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. It is your responsibility to review our app for any such notices. You agree that EfficiencyLab shall not be liable to you or any third party for any modification or cessation of the Game.

TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works (hereinafter, "intellectual property") appearing as part of the Game are the property of EfficiencyLab. EfficiencyLab retains all rights with respect to any of their respective intellectual property appearing in the Game. All contents of the Game are: Copyright 2018 EfficiencyLab LLC, all rights reserved.

THIRD PARTY SOFTWARE AND APPS. The Game may contain or include software code owned or provided by third-parties ("Third-Party Software"). For any Third-Party Software clearly indicated to be subject to the terms of a third party software license (a "Third-Party License"), the terms of the applicable Third-Party License will apply to the Third-Party Software independent of the Terms of Use. All other Third-Party Software distributed to you by EfficiencyLab may be used only under the Terms of Use. Nothing in the Terms of Use limits your rights under, or grants rights to you that supersede, the terms of any applicable Third-Party License. The Game may provide links to third-party sites that are not under the control of EfficiencyLab, and EfficiencyLab is not responsible for any content on any linked site. If you access a third-party site through the Game, then you do so at your own risk. EfficiencyLab provides links only as a convenience, and the inclusion of the link does not imply that EfficiencyLab endorses or accepts any responsibility for the content on those third-party sites.

LIMITATIONS ON USE. Subject to your compliance with these Terms of Use, EfficiencyLab grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Game on a mobile device and to run such copy of the Game for your own personal, non-commercial purposes. Except as expressly authorized in these Terms of Use, you may not copy, modify, or create derivative works based on the Game; distribute, transfer, sublicense, lease, lend or rent the Game to any third party; reverse engineer, decompile, or disassemble the Game; engage in any activity or use the Game in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the Game; or make the functionality of the Game available to multiple users through any means. EfficiencyLab reserves all rights in and to the Game not expressly granted to you under these Terms of Use, including the right to revoke your access and license at any time and for any reason.

If you obtained access to the Game from the Apple Store, then you agree to use the Game only on an Apple-branded product or device that runs iOS and as permitted by the "Usage Rules" set forth in the Apple Store Terms of Service.

If you obtained access to the Game from any app store or distribution platform (e.g., Apple Store, Google Play, Amazon Appstore) (each, "Platform"), you acknowledge and agree that these Terms of Use are between you and EfficiencyLab and EfficiencyLab is solely responsible for the Game; Platform has no obligation to furnish any maintenance and support services relating to the Game; you may obtain a refund through the Platform in the event the Game fails to conform to any applicable warranty and Platform will have no additional warranty obligation to you relating to the Game; Platform shall have the right to enforce these Terms of Use relating to your license of the Game as a third-party beneficiary; you shall comply with all third-party terms of service while using the Game; you shall comply with all U.S. and foreign export laws and regulations such that the Game, including associated technical data, is exported or re-explored directly or indirectly in violation of such laws and regulations, including that you are not located in a country that is subject to a U.S. embargo or has been designated by the U.S. as a "terrorist supporting country," and that you are not listed on any U.S. list of prohibited or restricted parties.

USER CONTENT. "User Content" refers to any content (e.g., text, photos, or any other works of authorship of any kind) made available by you through the Game. EfficiencyLab does not claim any ownership rights in any User Content. By making such User Content available through the Game, you grant to EfficiencyLab a non-exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display or perform, and/or distribute your User Content in connection with operating, including marketing, and providing the Game to you and other Game users. You are solely responsible for your User Content, including that you represent and warrant that you have all rights necessary to grant us this license under these Terms of Use. EfficiencyLab reserves the right to remove or modify any User Content from the Game at any time without notice and for any reason.

IN GAME PURCHASES. The Game permits in-game purchases for virtual items and money ("Virtual Goods"). The purchase of these Virtual Goods grants you only a limited, non-transferable, non-sublicensable, non-refundable, revocable license to use such Virtual Goods within your personal, non-commercial use of the Game. You acknowledge and agree that the Virtual Goods have no monetary value and do not represent actual currency or property. Virtual Goods are only for use within the Game and may not be sold, transferred, or exchanged for real money, goods, or services from EfficiencyLab or anyone else. You agree that you will not obtain Virtual Goods from anyone other than EfficiencyLab through the Game unless expressly authorized to do so by EfficiencyLab by way of a feature or service. Virtual Goods may only be purchased and he3ld by legal residents of countries where access to and use of the Game is permitted. In the European Union, you may have certain rights to withdraw from online purchases; once the Virtual Goods have been downloaded, however, your right to withdraw ends.

TERMINATION. EfficiencyLab may cancel, suspend, or terminate your access to the Game, including your Virtual Goods, in our sole discretion and without prior notice. This includes, but is not limited to, your non-use of the Game for one year, fraud or misuse of the Game or Virtual Goods by you, suspected unlawful activity associated with your use of the Game, breach of the Terms of Use by you, or the need to protect the Game, any of our users, or our reputation. EfficiencyLab has no obligation or responsibility to, and will not, reimburse or refund you for any Virtual Goods lost due to such cancellation, suspension, or termination. You agree and acknowledge that EfficiencyLab is not required to provide a refund for any reason regardless of whether the cancellation, suspension, or termination of your account was voluntary or involuntary. EfficiencyLab further reserves the right to offer, modify, eliminate, and/or terminate Virtual Goods, the Game, or any portion thereof at any time without notice or liability to you.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE GAME ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EFFICIENCYLAB DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, EFFICIENCYLAB MAKES NO WARRANTY THAT (I) THE GAME WILL MEET YOUR REQUIREMENTS, INCLUDING BUT NOT LIMITED TO SATISFYING REQUIREMENTS OF THE ACTIVITIES FOR WHICH YOU ARE USING THE GAME; (II) YOUR USE OF THE GAME WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GAME IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EFFICIENCYLAB OR THROUGH OR FROM THE GAME SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EFFICIENCYLAB SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR GAME, OR OTHER INTANGIBLE LOSSES (EVEN IF EFFICIENCYLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE GAME (II) ANY CHANGES MADE TO THE GAME OR ANY TEMPORARY OR PERMANENT CESSATION OF THE GAME OR ANY PART THEREOF; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GAME; AND (IV) ANY OTHER MATTER RELATING TO THE GAME. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. IN SUCH CASES, EFFICIENCYLAB’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EFFICIENCYLAB AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, AND MEMBERS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $100.

OBJECTIONABLE MATERIAL. You understand that, by using the Game, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as objectionable material. Nevertheless, you agree to use the Game at your sole risk, and EfficiencyLab shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.

FORCE MAJEURE. In addition to any excuse provided by applicable law, EfficiencyLab shall be excused from liability related to the Game arising from any event beyond EfficiencyLab’s reasonable control, whether or not foreseeable by either party, including but not limited to: war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

INDEMNIFICATION. To the fullest extent permitted under law, you agree to indemnify, defend, and hold harmless EfficiencyLab and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the Game, your violation of the Terms of Use, or the infringement or violation by you or any other user of your account of any intellectual property or other right of any person or entity.

PRIVACY POLICY. Click here or direct your web browser to loftykingdom.com/privacy-policy.html to view a copy of EfficiencyLab’s current privacy policy (the "Privacy Policy"). By accessing or using the Game, you expressly consent to the use and disclosure of your personally identifiable information as described in the then current Privacy Policy. Notwithstanding anything in the Privacy Policy, EfficiencyLab will have the right to collect, generate, extract, compile, synthesize, and analyze non-personally identifiable data, information and other content resulting from or arising from your use of and access to the Game. All such data, information, and other content will be solely owned by EfficiencyLab and may be used by EfficiencyLab for any lawful business purpose without a duty of accounting to you, provided that the data, information, and other content is used only in an aggregated form, without directly identifying you.

ASSIGNMENT. Neither the Terms of Use nor any of your rights or obligations hereunder may be assigned, transferred, or delegated by you in whole or in part, by operation of law or otherwise, without the prior written approval of EfficiencyLab. Any assignment, transfer, or delegation in derogation of the foregoing shall be null and void. EfficiencyLab may assign, transfer, or delegate the Terms of Use, any obligation or right hereunder, or any portion hereof at any time without notice to you.

CHOICE OF LAW AND FORUM. The Terms of Use shall be governed by and construed under the laws of the State of North Carolina, as applied to agreements entered into and to be performed in North Carolina by North Carolina residents and without regard to North Carolina’s conflict of laws provisions. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Buncombe County, North Carolina.

WAIVER. Failure by either party to exercise any of its rights under, or to enforce any provision of, the Terms of Use will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision.

Last revised: August 23, 2018