You agree that Lev Interactive may send You e-mail regarding your account and/or any part of your use of the Service. Such communication will be deemed received when sent to the email address We have on file for You.
You must register to have an account to use the Service. It is Your responsibility to keep Your password secure and You are strictly liable for any activity that occurs under Your username and account. You will not use any other account besides Your own account, or attempt to access any account not registered by You.
All data related to Your use of the account is Your responsibility alone. Your use of the Service is also Your sole responsibility. The Service may be used only for lawful purposes. The Service does not store any information. Transmission or distribution of any information, data or other material in violation of applicable laws or regulations is not allowed, including, but not limited to, copyrighted material, trademarks, trade secrets, or any other intellectual property used without permission, material that violates export control laws or national security restrictions, or data that is threatening in nature or is obscene or defamatory. If You use the Service for any of these purposes or in a manner that is unacceptable or unauthorized, We may terminate Your account and You may be subjected to criminal and/or civil liability.
Your use of the Service is subject to a monthly fee. We offer a number of payment options. If You choose to pay in advance, such payments are nonrefundable. Use of the Service continues month to month, renewing each month until You cancel the Service. The full charge for the period of service is made a the beginning of that period, and if you change the level of Service at a point midway through the Service period, the charge for that change will appear in the next billing period charge, prorated from the time of such change. However, if you cancel the Service, then no refund of any type will be made.
We will credit your credit card for any mistaken overcharge, provided You notify Lev Interactive of any such excess charge. Cash refunds, including by check, will not be made under any circumstances. Credit for any other reason will be applied to Your account. In the event that you dispute a charge with your issuing credit card, and initiate a chargeback proceeding, Your account will be terminated, and you will not be allowed to register another account.
THE SERVICE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR OWN RISK. LEV INTERACTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT.
WE TRY TO KEEP THE SERVICE BUG-FREE AND SAFE, BUT LEV INTERATIVE DOES NOT WARRANT OR ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SERVICE OR YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT BE ENTITLED TO MAKE ANY CLAIM BASED ON LEV INTERACTIVE'S FAILURE, IRRESPECTIVE OF FAULT, TO PROVIDE ANY OF THE FOREGOING. YOU USE THE SERVICE AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, THE SERVICE IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. IF SOMEONE'S LIFE OR THE FATE OF THE FREE WORLD DEPENDS ON YOUR USE OF THE SERVICE, PLEASE DO NOT USE THE SERVICE.
IF YOUR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING DISCLAIMERS, LEV INTERACTIVE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT WILL LEV INTERACTIVE BE LIABLE TO THE USER OR THIRD PARTIES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DATA AND/OR YOUR USE OF THE SERVICE AND/OR YOUR ACCOUNT, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE.
USER VOLUNTARILY ENGAGES IN THE ACTIVITY OF INTERNET USE AND BEARS THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR YOUR DATA THAT RESULTS FROM SUCH ACTIVITY. IN NO EVENT WILL LEV INTERACTIVE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORIZED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT.
LEV INTERACTIVE'S LIABILITY IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT YOU ACTUALLY PAID TO LEV INTERACTIVE FOR THE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU CLAIM THE CAUSE OF ACTION ACCRUED.
SOME JURISDICTIONS' LAWS PROHIBIT THE FOREGOING LIMITATION OF LIABILITY PROVISION. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING PROVISION, LEV INTERACTIVE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
You agree to indemnify, defend and hold harmless Lev Interactive from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to Your data, Your use of the Service and/or any breach of these Terms by You. You further agree to defend, indemnify and hold harmless Lev Interactive from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to any claims by third parties that Your data or Your use of the Service infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their proprietary information. Lev Interactive shall choose its own legal counsel, in its sole discretion, and You may not object to Lev Interactive's choice of legal counsel on any basis.
Termination of Service
We may terminate Your account at any time, for any reason. In the event of termination, you will lose all access to the Service and will be unable to complete any scheduled activity not completed by the Service. You may terminate Your account at any time. However, We will not issue any refunds for advance payments for the Service or pro rata refunds for any unused portion of a current or future account period.
The Service does not retain any information on servers or other storage devices under the control of Lev Interactive. We do not have any claim to the intellectual property of anyone using the Service. However, Lev Interactive does hold all right, title and interest in and to the Service, including all intellectual property rights without limitation. You agree that you will not, under any circumstance, copy, reproduce, alter, reverse engineer, clone, modify or in any other way attempt to appropriate the Service, or any part thereof, or create derivative works from the Service.
No Party shall be responsible for a failure to perform, or a delay in performing any of its obligations under these Terms, where and to the extent that such failure or delay is the result from causes outside the control of such Party. This includes, but is not limited to, failures caused by third-party service, acts of God or of civil unrest, riots, terrorism, fires, floods, earthquakes, electrical or other power failures, epidemics, shipping or other freight issues, strikes, demonstrations and other similar conditions.
Lev Interactive shall bear no responsibility for your use of the Service that violates the laws of the United States or any of its political subdivisions, or the law of other countries or their political subdivisions. You are expected to use the Service for purposes that do not violate the law of any jurisdiction in which you reside, or that is affected by such use. Use of the Service to conduct an illegal act will result in the termination of Your account.
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SERVICE OR ANY RELATED WEBSITE OR PRODUCT SHALL BE FINAL AND BINDING ARBITRATION. Notwithstanding the above, Lev Interactive may seek injunctive relief in DC Superior Court or federal court located in the District of Columbia concerning infringement, misappropriation or other violation by You of Lev Interactive's intellectual property rights, and Lev Interactive may seek injunctive relief in DC Superior Court or federal court located in the District of Columbia concerning a violation by You of any of these Terms, and in both such cases, the Parties acknowledge that arbitration is not an adequate remedy at law and that injunctive relief or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in Washington, DC and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that all disputes related in any manner to or arising from Your use of the Service shall be governed, without respect to conflict of law principles, by the laws of the District of Columbia.