1. Your Privacy
2. Your Content
Many of our Services allow you to store or share Your Content or receive material from others.
We don’t claim ownership of Your Content. Your Content remains Your Content and you are
responsible for it.
When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. LA.Center Corporation does not own, control, verify, pay for, endorse or otherwise assume any liability for Your Content and cannot be held responsible for Your Content or the material others upload, store or share using the Services.
3. Code of Conduct
a. Rules. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
- Don’t do anything illegal.
- Don’t engage in any activity that exploits, harms, or threatens to harm children.
- Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
- Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity) or Your Content or material that does not comply with local laws or regulations.
- Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments) or libelous or defamatory.
- Don’t circumvent any restrictions on access to or availability of the Services.
- Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, communicating hate speech, or advocating violence against others).
- Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of photographs or other materials).
- Don’t engage in activity that violates the privacy or data protection rights of others.
- Don’t help others break these rules.
4. Using Third-Party Apps and Services.
5. Service Availability
a. The Services; Third-Party Apps and Services, or material or products offered through the
Services may be unavailable from time to time, may be offered on a limited basis, or may vary
depending on your region or device. If you change the location associated with your account, you
may need to re-acquire material or applications that were available to you and paid for in your
previous region. You agree not to access or use material or Services which are illegal or not
licensed for use in the country from which you access or use such material or Services, or to
conceal or misrepresent your location or identity in order to access or use such material or Services.
b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and LA.Center Corporation is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services.
6. Updates to the Services or Software, and Changes to These Terms.
a. We may change these Terms at any time, and we’ll tell you when we do. Using the
Services after the changes become effective means you agree to the new terms. If you do
not agree to the new terms, you must stop using the Services, close you account and if you are a
parent or guardian, help your minor child close his or her account.
b. Sometimes you will need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes, including those that prevent you from accessing the Services, playing counterfeit games, or using unauthorized hardware peripheral devices. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. LA.Center Corporation isn't obligated to make any updates available and doesn't guarantee that we will support the version of the system for which you licensed the software. Such updates may not be compatible with software or services provided by third parties. You may withdraw your consent to future software updates at any time by un-installing the software.
c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods, or applications previously purchased. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work.
d. So that you can use material protected with digital rights management (DRM), like some music, games, movies and more, DRM software may automatically contact an online rights server and download and install DRM updates.
7. Software License
Unless accompanied by a separate LA.Center Corporation license agreement
and except as provided in section "LA.Store" below for applications available through the LA.Store,
any software provided by us to you as part of the Services is subject to these Terms.
a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or web site that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or web site, are licensed to you by the third parties that own such code, not by LA.Center Corporation. Notices, if any, for the third party code are included for your information only.
b. The software is licensed, not sold, and LA.Center Corporation reserves all rights to the software not expressly granted by LA.Center Corporation, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
- circumvent or bypass any technological protection measures in or relating to the software or Services;
- disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
- separate components of the software or Services for use on different devices;
- publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless LA.Center Corporation expressly authorizes you to do so;
- transfer the software, any software licenses, or any rights to access or use the Services;
- use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
- enable access to the Services or modify any LA.Center-authorized device by unauthorized third-party applications.
8. Payment Terms
If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge in the currency specified. The price stated for the Services included all applicable taxes and currency exchange settlements, unless stated otherwise. All prices for LA.Store paid products are inclusive of applicable taxes, unless otherwise stated.
b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service.
c. Billing. By providing LA.Center Corporation with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize LA.Center Corporation to charge you for the Services or available content using your payment method; and (iii) authorize LA.Center Corporation to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
d. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to LA.Center Corporation by the method you have chosen at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by LA.Center Corporation. By authorizing recurring payments, you are authorizing LA.Center Corporation to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, LA.Center Corporation or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
e. Automatic Renewal. Provided that automatic renewals are allowed under applicable law, we will inform you by email before automatically renewing your Services, unless purchased on a subscription basis. Once we have informed you that the Services will be automatically renewed, we may automatically renew your Services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
f. Online Statement and Errors. LA.Center Corporation will provide you with an online billing statement, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90-days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If LA.Center Corporation has identified a billing error, we will correct that error within 90-days. This policy does not affect any statutory rights that may apply.
g. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that LA.Center Corporation has charged you in error, you must contact us within 90-days of such charge. No refunds will be given for any charges more than 90-days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
h. Canceling the Services. You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, you can contact email@example.com for a settlement. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
i. Trial-Period Offers. If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
j. Promotional Offers. From time to time, LA.Center Corporation may offer Services for free for a trial period. LA.Center Corporation reserves the right to charge you for such Services (at the normal rate) in the event that LA.Center Corporation determines (in its reasonable discretion) that you are abusing the terms of the offer.
k. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
l. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
9. Contracting Entity, Choice of Law, & Location for Resolving Disputes.
You are contracting with LA.Center Corporation (Deutschland), Postfach 1119, 27387 Lauenbrück, Germany. The laws of the province where you live (or, if a business, your principal place of business) govern the interpretation of these Terms, claims for their breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the courts in Ontario/Canada for all disputes arising out of or relating to these Terms or the Services. Your local consumer laws may require some local laws to govern or give you the right to resolve disputes in another forum despite these Terms. If so, the choice of law and forum provisions in section 9 apply as much as your local consumer laws allow.
a. LA.CENTER CORPORATION, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES.
YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN
"AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." LA.CENTER CORPORATION DOESN'T GUARANTEE THE
ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. YOU MAY HAVE CERTAIN RIGHTS
UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF
THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT
FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO
WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM COMPUTER NETWORKS.
b. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.
c. For consumers living in Australia: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
d. For consumers living in New Zealand, you may have statutory rights under the New Zealand Consumer Guarantees Act, and nothing in these Terms is intended to affect those rights.
11. Limitation of Liability.
a. If you have any basis for recovering damages (including breach of these Terms),
you agree that your exclusive remedy is to recover, from LA.Center Corporation or any affiliates,
resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages
up to an amount equal to your Services fee for the month during which the breach occurred
(or up to $5.00 USD if the Services are free).
b. You can't recover any (i) consequential losses or damages; (ii) loss of actual or anticipated profits (whether direct or indirect); (iii) loss of actual or anticipated income (whether direct or indirect); (iv) loss of contract or business or other losses or damages arising from your use of the Services in a non-personal capacity; (v) special, indirect, incidental or punitive losses or damages; and (vi) to the extent permitted by law, direct losses or damages in excess of the caps specified in section 11(a) above. These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
c. LA.Center Corporation is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond LA.Center Corporation’s reasonable control (such as labor disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). LA.Center Corporation will endeavor to minimize the effects of any of these events and to perform the obligations that aren’t affected.
"LA.Store" refers to a Service that allows you to browse, download, purchase, and review applications (the term "application" includes games) and other digital content. These Terms cover use of LA.Store. "LA.Store" means a Store for devices such as phone, PC and tablet, or any other experience that is branded LA.Store.
- License Terms. We will identify the publisher of each application available in the relevant Owner Store. The Standard Application License Terms ("SALT") defined below are an agreement between you and the application publisher setting forth the license terms that apply to your use of an application you download through the LA.Store unless different license terms are provided with the application. Applications that are launched through the LA.Store are not governed by the SALT and have separate license terms that apply. Section 5 of these Terms applies to any Third-Party Apps and Services acquired through a Store.
- Updates. LA.Center Corporation will automatically check for and download updates to your applications, even if you’re not signed into the relevant Store. You can change your Store or system settings if you prefer not to receive automatic updates to Store applications. However, certain LA.Store "Live" apps that are entirely or partly hosted online may be updated at any time by the app developer and may not require your permission to update.
- Private Store Experiences. Some business organizations may provide access to a "private store" experience for their employees, contractors, and agents. These Terms do not cover use of a private store (if any); these Terms only cover your personal, non-commercial use of the Stores.
- Reviews. If review an application in the Store, you may receive email from LA.Center Corporation containing content from the publisher of the application. Any such email comes from LA.Center Corporation; we do not share your email address with any publishers of applications you acquire through the Store.
- Digital Goods When you obtain music, video or books directly from LA.Center Corporation, the following terms apply: Through the LA.Store, LA.Center Corporation may enable you to obtain, listen to, view, and/or read (as the case may be) music, images, video, text, or other material ("Digital Goods") that you may get in digital form. The Digital Goods are only for your personal, non-commercial entertainment use. You agree not to redistribute, broadcast, publicly perform or publicly display or transfer any copies of the Digital Goods obtained through any of the Stores. Digital Goods may be owned by LA.Center Corporation or by third parties Store Owners. However, in all circumstances, you understand and acknowledge that your rights with respect to Digital Goods are limited by these Terms and copyright law, You agree that you will not attempt to modify any Digital Goods obtained through any of the Stores for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Digital Goods. LA.Center Corporation and/or the owners of the Digital Goods may, from time to time, remove Digital Goods from the Stores without notice.
- Safety Warning. To avoid possible injury or eye strain, you should take periodic breaks from use of applications available through a Store, especially if you feel any pain or fatigue resulting from usage. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.
13. Live Payment Service
If you make use of the Live Payment (Online Payment) Service, you explicitly give LA.Center Corporation the right to charge credit/debit cards for the "Digital Goods", Services, or Software you offer through the LA.Store and collect the payments under your LA.Store account. You also agree that LA.Center Corporation will collect and hold the payments for a minimum of 21 days before your balance is payed to the bank account that was provided by you. You agree that LA.Center Corporation will charge 5% + 50 US Cents for each Live Payment transaction and subtract the fee up on transferring your account balance. You agree that any costs associated with the bank transfer to your account is your responsibility and LA.Center Corporation may automatically subtract the bank transfer fee from your account balance. LA Center Corporation will not charge for any Customer/Credit Cards Refunds. LA.Center Corporation gives you the right and the permission to use your own online payment gateway provider and/or solution like stripe.com.
14. Copyright and trademark notices.
The Services are copyright © 2016 LA.Center Corporation (Deutschland), Postfach 1119, 27387 Lauenbrück, Germany. All rights reserved. LA.Center and the names, logos, and icons of all LA.Center products, software, and services may be either trademarks or registered trademarks of LA.Center Corporation in the United States, Germany and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved.
STANDARD APPLICATION LICENSE TERMS (SALT)
LA.Store License Agreement. These license terms are an agreement between you and the application publisher. Please read them. They apply to the software applications you download from the LA.Store, including any updates or supplements for the application, unless the application comes with separate terms, in which case those terms apply. BY DOWNLOADING OR USING OR LAUNCHING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE OR LAUNCH THE APPLICATION. The application publisher means the entity licensing the application to you, as identified in the LA.Store. If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS; EXPIRATION.
For applications you download from the LA.Store you may install and use the application on a device or devices that are affiliated with the LA.Store account that you use to access the LA.Store
2. INTERNET-BASED SERVICES.
If the application connects to computer systems over the Internet, which may include via a wireless network, using the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for Internet-based or wireless services. If other terms are presented in connection with your use of services accessed using the application, those terms also apply. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account, or network by any means.
3. SCOPE OF LICENSE.
The application is licensed, not sold. This agreement only gives you some rights to use the application. If LA.Center Corporation disables the ability to use the applications on your devices pursuant to your agreement with LA.Center Corporation, any associated license rights will terminate. Application publisher reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not:
- Work around any technical limitations in the application.
- Reverse engineer, decompile, or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation.
- Make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation.
- Publish or otherwise make the application available for others to copy.
- Rent, lease, or lend the application.
- Transfer the application or this agreement to a third party.
If documentation is provided with the application, you may copy and use the documentation for personal reference purposes.
5. TECHNOLOGY AND EXPORT RESTRICTIONS.
The application may be subject to German and United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application. These laws include restrictions on destinations, end users, and end use.
6. SUPPORT SERVICES.
Contact the application publisher to determine what support services are available. LA.Center Corporation, your hardware manufacturer and your wireless carrier (unless one of them is the application publisher) aren’t responsible for providing support services for the application.
7. ENTIRE AGREEMENT.
8. APPLICABLE LAW.
- a. United States and Canada. If you acquired the application in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement and applies to claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims) regardless of conflict of laws principles.
- b. Outside the United States and Canada. If you acquired the application in any other country, the laws of that country apply.
9. LEGAL EFFECT.
This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement doesn’t change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.
10. DISCLAIMER OF WARRANTY.
The application is licensed "as-is", "with all faults" and "as available". You bear all risk of using it. The application publisher, on behalf of itself, LA.Center Corporation (if LA.Center Corporation isn’t the application publisher), wireless carriers over whose network the application is provided, and each of our respective affiliates, vendors, agents and suppliers ("Covered Parties"), gives no express warranties, guarantees, or conditions in relation to the application. The entire risk as to the quality and performance of the application is with you. Should the application prove defective, you assume the entire cost of all necessary servicing or repair. You may have additional consumer rights under your local laws that this agreement can't change. To the extent permitted under your local laws, Covered Parties exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non-infringement.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or $1.00 USD, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from the application publisher. If your local laws impose a warranty, guarantee or condition even though these terms do not, its duration is limited to 90-days from when you download the application. This limitation applies to: Anything related to the application or services made available through the application; and Claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law. It also applies even if: This remedy doesn’t fully compensate you for any losses; or The application publisher knew or should have known about the possibility of the damages.