Terms & Conditions
Last Updated: - 1st August 2013
IMPORTANT PLEASE CAREFULLY READ THESE TERMS & CONDITIONS ("T&C") BEFORE USING THE WEBSITE OR ANY OF THE OTHER PROPERTIES (AS DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Last Man Out (LMO) Ltd ("LMO" or "we" "our" or "us") owns the Last Man Out Club website at www.lastmanoutclub.com and related properties (the "Website"), proprietary games, data and materials accessed via the Website (the “Services”). The Website and the Services are referred to together in these Terms & Conditions as the “Properties”.
THESE TERMS & CONDITIONS GOVERN YOUR USE OF THE PROPERTIES.
These Terms & Conditions apply to the Properties and not to any other website or any offline activities of Last Man Out (unless specifically stated). By accessing or using the Properties, registering for or using Services offered on the Website, you agree to be bound by these Terms & Conditions.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS & CONDITIONS, DO NOT USE THE PROPERTIES.
1. Changes to the Properties and the Terms & Conditions
We reserve the right to add, delete, change or modify parts of these Terms & Conditions at our sole discretion and at any time without notice to you. If we do this, we will post the changes to the Terms & Conditions on this page and will indicate the last updated date at the top of the page. It is important for you to refer to these Terms & Conditions from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms & Conditions. Your continued use of the Website constitutes your acceptance of the new Terms & Conditions.
2. Description of Website and the Services
Access to the Website currently provides users with access to the Services, including LMO games and other community and entertainment products. Unless explicitly stated otherwise, any new features which may be added to the Website or the Services, are subject to these Terms & Conditions. We may add, change, remove, suspend or discontinue any aspect of the Website and/or the Services at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or all of the Properties without notice or liability to you or any third party. In order to use the Website, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
3. Intellectual Property Ownership; Licence
The past, present and future content of the Properties, including, without limitation, multimedia, text, images, audio, videos, designs, compilations, databases, trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyright material (including source and object code); and all other materials related to the Properties, including without limitation, the template design of the Website (collectively, "Content") are protected by applicable copyrights, trademark rights, database rights and other proprietary (including, but not limited to, intellectual property) rights and are the property of LMO, its subsidiaries, affiliates or licensors. Except as expressly set forth in these Terms & Conditions or otherwise expressly granted to you in writing by LMO Ltd, no rights (either by implication, estoppel or otherwise) in or to the Content are granted to you.
The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, sideloading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information or restrictions in respect of the Properties contained in any part of the Website. Exploiting any part of the Properties for a purpose that is not permitted by these Terms & Conditions is expressly prohibited without prior written permission from LMO or the applicable intellectual property rights holder as identified on the Website.
4. Links to Other Websites
5. Acceptable Use You will not use the Properties to:
- Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public: any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of LMO, its affiliates and licensors), anything that adversely affects LMO such as discouraging any person or entity from advertising with, linking to or supplying LMO, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in LMO sole discretion;
- information, software, content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, rights management information or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right;
- material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, adware, malware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the Properties, interferes with, overburdens, impairs or disrupts the Properties or servers or networks connected to the Properties, or disobeys any requirements, procedures, policies or regulations of networks connected to the Properties;
- information or material of any kind that is false or misleading or that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Website, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to or from the Website; or
- any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation.
- Encourage, promote, solicit or commit conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges on the Website;
- Stalk, abuse, sexually exploit, violently exploit, groom, act violently toward, threaten or otherwise harass another user;
- Use or attempt to use another's information, account, password, service or system except as expressly permitted;
- Solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users, including without limitation, through such means as spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website; and
- Undertake any commercial purpose or activity without the prior written consent of LMO, including, for example and without limitation, inserting your own or a third party’s advertising, branding or promotional content into any of the Website’s or Properties’ content, materials or services. You represent, warrant and agree that you will comply with the above acceptable use requirements. LMO reserves the right, in its sole discretion, to terminate any user’s account or take such other action as LMO sees fit in relation to any user who breaches the acceptable use policy or any of the other terms set forth herein. In extreme cases or as required by law or regulation, LMO reserves the right to take court action and/or report users to the relevant authorities.
6. User Accounts, Additional Terms, Subscriptions
Registration may be required for the use of certain Services and portions of the Website (e.g., game entry, comment posting). In some instances, these Terms & Conditions and separate terms and conditions that set forth additional conditions may apply to Services offered via the Website. To the extent there is a conflict between these Terms & Conditions and the terms of any applicable conditions or similar agreement, the similar agreement will prevail, unless the additional conditions expressly state that these Terms & Conditions will prevail. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these Terms & Conditions will prevail. If you choose to provide information to the Website, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website or other Properties using your name, user name or password in whole or in part. You may be able to purchase a subscription for certain additional features of the Website and Services. You may only order subscriptions if you are considered capable of entering into an enforceable contract in the applicable jurisdiction. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent or by other payment means acceptable to LMO.
7. Copyrights and Copyright Agents
LMO aim to respect the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the Last Man Out Club Website in a way that constitutes copyright infringement of your intellectual property, please provide our copyright agent with a copyright infringement notice (“Notice”) which should include the following written information:
- a statement that you have identified material on the Website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notice, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LMO to locate the material (including, for example, a URL and/or screen shot);
- your full name, email address, postal address and telephone number on which you can be contacted;
- a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
- a statement by you that the information in the Notice is accurate, and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
- a physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed. For notice of claims of copyright infringement on or regarding the Website, please contact: Email: firstname.lastname@example.org
8. Information You Submit
From time to time, the Properties may contain functionality through which you can upload or submit information, data, messages, photographs, text and other materials to, through or on the Website ("Your Upload Information"). For example, the Website may offer blogs or other interactive areas ("User Comment Areas"). LMO do not endorse the content posted in User Comment Areas. LMO reserves the right, but is not obligated, to delete, move or edit Your Upload Information, in whole or in part, submitted by you for any reason in their sole discretion. LMO reserves the right to suspend or terminate your access to the Website and pursue all legal remedies if we believe your Upload Information infringes another's rights or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in Your Upload Information.
All of Your Upload Information is your sole responsibility. This means that you, and not LMO, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Website. LMO actively discourages you from uploading information or content without their express prior consent. If you post personal information on publicly available areas of the Website, then you may receive unsolicited messages from third parties. LMO cannot ensure the security of any information you supply on publicly available areas of the Website. Under no circumstances will LMO be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information. You warrant and represent that Your Upload Information: (i) is an original work by you or you have all necessary rights, licenses and permissions in it and to submit it to LMO under the terms of these Terms & Conditions; (ii) is not defamatory; and (iii) does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation.
9. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE PROPERTIES IS ENTIRELY AT YOUR OWN RISK. 10. Disclaimers/Limitation of Liability WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS & CONDITIONS, YOU UNDERSTAND AND AGREE THAT LMO FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PROPERTIES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL LMO BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE PROPERTIES, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PROPERTIES OR ANY OF THE CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAST MAN OUT (LMO) LTD OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PROPERTIES OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE PROPERTIES’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE LMO ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTIES). NOTHING IN THESE TERMS & CONDITIONS LIMITS OR EXCLUDES LAST MAN OUT (LMO) LTD’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW. IF ANY OF THESE TERMS & CONDITIONS ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS & CONDITIONS ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS & CONDITIONS AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE. LMO ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS THE PROPERTIES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PROPERTIES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PROPERTIES OR THE CONTENT.
You agree to indemnify, hold harmless, and keep LMO fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Terms & Conditions, including, without limitation: (a) your use of the Properties; (b) your violation of these Terms & Conditions or any law, rule or regulation; (c) your use of the Content; or (d) your placement or transmission of any of Your Upload Information or any other content or materials on or through the Properties. Entry fees into the game are not protected in the unlikely case of the game not being fulfilled by LMO.
11. Governing Law
These Terms & Conditions and the interpretation of these Terms & Conditions shall be governed by and construed in accordance with the laws of England.
Any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website or Service are incorporated by this reference into these Terms & Conditions for all purposes. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Properties and the Content, including, without limitation, those governing your transmission or use of any software or data. Nothing in these Terms & Conditions are intended to confer on any third party (whether referred to in the Terms of Conditions by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms & Conditions.
You understand and agree that LMO will determine your compliance with these Terms & Conditions in its sole discretion. LMO reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. LMO maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights. Any violation of these Terms & Conditions may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by LMO, you must destroy all materials obtained from the Properties and all related documentation.
Any disputes raised with gameplay, game rules or terms and conditions can be referred to an independent third party adjudicator upon request by the complainant. LMO can supply information on legal aid and the provision of an impartial third party representative upon request. COMPLAINTS: The game rules will be interpreted in accordance with English law and the entrants agree that all claims they may have arising from their participation in the game which they may bring against the promoter will be under the exclusive jurisdiction of the English Courts.
The promoter reserves the right to refuse to accept any entry if at its sole discretion the entrant has not complied with the game rules or if the entrant has in the sole view of the promoter contravened the spirit of the game. If any provision of the game rules proves to be illegal or unenforceable, this shall not prevent the remaining provisions continuing in full force and effect. In the event an entrant has a complaint about the game or the service received in connection with the game then initially the entrant should email email@example.com and seek to resolve the matter on an informal basis. However, if the matter cannot be satisfactorily resolved then a formal complaint may be made using the following procedure: If you have a complaint then please get in touch with us by emailing firstname.lastname@example.org
Email complaints will receive a return email to confirm receipt and will confirm that LMO will be dealing with it. If you make a written complaint you will receive a response within 7 days of the complaint. If your complaint requires further investigation and referral to an alternative person, you will be advised of this within that time.
What happens next? Where a complaint requires further investigation, every effort will be made to complete the investigation within 14 days of receipt. After which we will contact you with the findings, recommendations and any proposed actions. If we cannot resolve the problem or, if you are not happy with the outcome, your complaint will be escalated to the Managing Director of LMO.