Effective Date: June 20, 2017
LEVEL-5 may from time to time conduct prize promotions (sweepstakes, contests, games, etc.) on this Website. Participation in such prize promotions will be governed by and subject to the applicable official rules of LEVEL-5.
Prohibitions We do not permit or tolerate any illegal, abusive, harmful or improper use of this Website. Without limiting the generality of the foregoing, you shall not:
Violating any of these prohibitions may subject the violator to civil as well as criminal liabilities, and we reserve the right to report any such violation and disclose the violator’s identity to the appropriate law enforcement authorities.
As used herein, “LEVEL-5 Content” means and includes any and all content and material owned or provided by LEVEL-5, including, without limitation, text, descriptions, artwork, graphics, images, photos, videos, audios, games, music, advertisements, marks, logos, slogans, links, software, downloadable and/or mobile apps, social media plug-ins, user interfaces, layout and look and feel designs, search engines, tools, templates, forms, indexes and directories. Without limiting the generality of the foregoing, all LEVEL-5 characters and associated names, images, designs, drawings and artworks are the proprietary property of LEVEL-5.
If you acquire or download any software (including any mobile app) made available by LEVEL-5 on this Website (“Software”), you acknowledge that your use of the Software is also subject to the terms and conditions of the applicable end user license agreement that accompanies the Software or, if there is no such end user license agreement, the following additional terms and conditions:
As used herein, “User Content” means any content or material submitted or posted to this Website by users, including, without limitation, user-originated messages, photos, images, artwork, videos, etc., but excluding any LEVEL-5 Content.
In compliance with the Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), LEVEL-5 will respond to proper notifications of claimed copyright infringement with respect to User Content, and will take appropriate action including expediently removing and disabling access to the allegedly infringing User Content. LEVEL-5 also has a policy of terminating, in appropriate circumstances, use of this Website by those that are determined by LEVEL-5 to be repeat infringers.
Notice of Claimed Copyright Infringement: If you believe that your copyright has been infringed or violated by any User Content found on this Website, please notify the Designated Agent listed above in writing and provide the following requisite information:
Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against User Content submitted by you on this Website, you may make a counter-notification with the Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
If LEVEL-5 receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA. Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
This Website may contain links to other websites (the "Linked Sites") that are not owned, controlled or operated by LEVEL-5. LEVEL-5 has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions and privacy policies of those sites.
Disclaimer of Warranties EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY LEVEL-5 AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:
SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL LEVEL-5 OR ANY OF LICENSEES OR ANY OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATING TO THIS WEBSITE OR ANY LEVEL-5 CONTENT OR ANY USER CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LEVEL-5 operates and provides this Website in and from the United States of America. LEVEL-5 does not represent or warrant that this Website or any LEVEL-5 Content is appropriate or available for use in locations outside the United States of America. If you access this Website from a jurisdiction outside the United States of America, you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws applicable to your use of this Website.