TERMS OF SERVICE
Please read these terms carefully, by using our platform you expressly agree to abide by our rules, terms, and the obligations that are created from this agreement. This terms of service is a legally binding agreement and as such the parties shall be obligated to perform in terms of such. In the event you do not abide by these rules and terms, you have the right to delete your account and or request us to delete it for you.
Levely (hereinafter us, we, our) and users, guests, and customers (hereinafter you) shall be the parties to this agreement and be held liable for the obligations thereof.
ELIGIBILITY
USAGE OF OUR PLATFORM
Throughout this agreement, we may refer to our platform as ‘services’ such shall include the collection of statistics which is obtained by tasks, connected apps, connected servers or acts done by users and customers or even visitors, throughout the description of our services are outlined on our homepage and or platform page which can be found here as such the descriptions outlined thereon shall be applicable to these terms.
TERM
When you sign up for an account and agree to these Terms, the Agreement between you and us is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have an account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
SUSPENSION AND TERMINATION OF YOUR ACCOUNT
PAYMENTS/PURCHASERS
OWNERSHIP
The Levely Platform is protected to the maximum extent permitted by copyright and intellectual property rights laws and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, athlete data, datasheets, The platform is owned exclusively by Rision LLC and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display, or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution unless you have the express prior written permission of ours. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
SUBMISSION BY YOU
Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Rision LLC, its affiliated entities, vendors, and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, for example, Discord, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts, or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing, and marketing products. Subject to the licenses granted in this Terms of use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.
If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in this Terms of Use for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules, and regulations, and any third-party agreements to which you are subject, including Instagram, for Discord.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, since any person even guest may access leaderboards.
SUBMISSIONS INCLUDE STATISTICS COLLECTED VIA MINECRAFT, DISCORD, AND OR SOCIAL MEDIA SERVICES WHERE ONE COMPLETES TASKS FOR RANKINGS, LEADERBOARDS, AND STATISTICS.
COMPLIANCE WITH LAW
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, Data Protection Laws the United States export control laws and regulations, and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or any other applicable laws.
YOU AGREE THAT: You will comply with all laws and regulations applicable to the collection of tasks, data, and or statistics sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully obtain the required data relating to tasks and rankings. In addition, if you are subject to EU Data Protection Law you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Protection Law, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
LIABILITY
To the maximum extent permitted by law, you acknowledge and agree that:
WARRANTIES
To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since you use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
INDEMNITY
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from:
THIRD-PARTY PLATFORMS TERMS OF SERVICES
The terms of services of third parties whereby our platform may operate on such as discord, Minecraft and twitch shall be binding upon the parties and you shall ensure compliance with such.
The platform enables you to engage and procure certain third-party services, products, and tools for enhancing your User Platform and your overall user experience, we are not to be held liable for your actions thereof.
DISCLOSURE
YOU AGREE THAT THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TIMBERLAND DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TIMBERLAND DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE.
GENERAL PROVISIONS
Please read these terms carefully, by using our platform you expressly agree to abide by our rules, terms, and the obligations that are created from this agreement. This terms of service is a legally binding agreement and as such the parties shall be obligated to perform in terms of such. In the event you do not abide by these rules and terms, you have the right to delete your account and or request us to delete it for you.
Levely (hereinafter us, we, our) and users, guests, and customers (hereinafter you) shall be the parties to this agreement and be held liable for the obligations thereof.
ELIGIBILITY
- You agree that you are an authorized user and the lawful account holder of the Levely account, you’ve registered with a lawful email address, contact, and personally identifiable information and related information that will give you access to the applicable platform, statistics, and leaderboards and other features relating to the platform.
- You agree that you are above the age of sixteen (16) when you register on our platform, you need to complete the account registration process, and you will need to agree to our terms to use our platform in full and that you are not based in any country that is currently being sanctioned by the US Government.
- You agree that you will use our platform in a valid way, legal way and you warrant and represent that you meet all our eligibility and you shall ensure that you will not misuse our platform in any way that violates laws and a moral code.
USAGE OF OUR PLATFORM
Throughout this agreement, we may refer to our platform as ‘services’ such shall include the collection of statistics which is obtained by tasks, connected apps, connected servers or acts done by users and customers or even visitors, throughout the description of our services are outlined on our homepage and or platform page which can be found here as such the descriptions outlined thereon shall be applicable to these terms.
TERM
When you sign up for an account and agree to these Terms, the Agreement between you and us is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have an account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
SUSPENSION AND TERMINATION OF YOUR ACCOUNT
- You may deregister and terminate your account at any given time without notice to us, when you do so you will lose any of your purchases, rankings, statistics, and leaderboard status.
- We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, we shall inform you of such and offer a settlement if you have made any purchases, however; we are not obligated to do such. We shall terminate your account immediately when we find you have violated any part of this agreement or law.
- Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.
- If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.
- We may suspend your account and or overall platform access where you have violated any provisions of this agreement.
PAYMENTS/PURCHASERS
- Where you make a purchase, the purchase of any product we offer on our platform we shall process such through a credit processing platform (such a PayPal/Stripe) or cryptocurrency process platform (such as BitPay/CoinBase) as such we shall not control your data and or the access thereto.
- Any purchase made is final, you cannot request a refund for any purchase made, where a purchase is a subscription you may cancel such, and where such is canceled no previous purchases will be refunded but your subscription will be canceled.
- Payments will be processed in US DOLLAR.
- Prices of our products will exclude any applicable sales tax or payment platform fees, such will only be calculated on final checkout with the given payment platform.
- Where you have earned any credits or affiliated fund credits such shall not be exchanged for fiat currency or cryptocurrency as such the credit shall remain virtual and hold no real-life value.
- REFUNDS shall not be applicable under any given circumstances.
OWNERSHIP
The Levely Platform is protected to the maximum extent permitted by copyright and intellectual property rights laws and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, athlete data, datasheets, The platform is owned exclusively by Rision LLC and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display, or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution unless you have the express prior written permission of ours. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
SUBMISSION BY YOU
Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Rision LLC, its affiliated entities, vendors, and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, for example, Discord, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts, or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing, and marketing products. Subject to the licenses granted in this Terms of use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.
If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in this Terms of Use for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules, and regulations, and any third-party agreements to which you are subject, including Instagram, for Discord.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, since any person even guest may access leaderboards.
SUBMISSIONS INCLUDE STATISTICS COLLECTED VIA MINECRAFT, DISCORD, AND OR SOCIAL MEDIA SERVICES WHERE ONE COMPLETES TASKS FOR RANKINGS, LEADERBOARDS, AND STATISTICS.
COMPLIANCE WITH LAW
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, Data Protection Laws the United States export control laws and regulations, and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or any other applicable laws.
YOU AGREE THAT: You will comply with all laws and regulations applicable to the collection of tasks, data, and or statistics sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully obtain the required data relating to tasks and rankings. In addition, if you are subject to EU Data Protection Law you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Protection Law, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
LIABILITY
To the maximum extent permitted by law, you acknowledge and agree that:
- You assume full responsibility for any loss that results from your use of the Service, including any downloads from our platform.
- We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and
- In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.
- For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.
WARRANTIES
To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since you use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
INDEMNITY
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from:
- Your content, rankings, tasks, services, and the platform you use.
- Your use of the Service,
- Your violation of any laws or regulations,
- Tird-party claims that you or someone using your password did something that, if true, would violate any of these Terms, any misrepresentations made by you, or
- A breach of any representations or warranties you’ve made to us.
THIRD-PARTY PLATFORMS TERMS OF SERVICES
The terms of services of third parties whereby our platform may operate on such as discord, Minecraft and twitch shall be binding upon the parties and you shall ensure compliance with such.
The platform enables you to engage and procure certain third-party services, products, and tools for enhancing your User Platform and your overall user experience, we are not to be held liable for your actions thereof.
DISCLOSURE
YOU AGREE THAT THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TIMBERLAND DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TIMBERLAND DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE.
GENERAL PROVISIONS
- You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
- The State of Delaware laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. You acknowledge and agree that any dispute related to the Agreement or the Service itself will be decided by the state or federal courts in Delaware and each party consents to personal jurisdiction in those courts.
- We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
- Even if this Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
- If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
- The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
- If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
- You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
- If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgment or assumption of any liability or fault of ours for such incident.
- Our relationships will and do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us.