Welcome to the Terms of Service of LARK PLAY INC ("LARK," "we," "our," "us"). LARK's Terms of Service outline your rights and responsibilities when using our services. LARK, a U.S.-based company, is registered at 600 Superior Ave E, Ste 1300, Cleveland, OH 44114. Before using LARK’s services, please read and understand these Terms of Service. Pay special attention to sections regarding liability limitations, jurisdiction, and applicable laws. Important clauses, especially those about liability waivers and your key rights, may be highlighted or bolded. By using our services, you agree to these Terms. If you do not agree, please refrain from using LARK's services. Your use or acceptance of these Terms constitutes your agreement and forms a binding legal contract between you and LARK.
To ensure our services and products provide the best experience
for the appropriate user groups, LARK has established the
following usage conditions:
2.1 Age Restriction
Users must be at least 13 years old to register and
use our services. If you are under 13, you need to obtain legal
guardian consent to use our services. In compliance with
applicable laws, certain services and content may be restricted
to users aged 13 and above.
2.2 Geographical Restriction
Our services and products are currently available
only to users in specific countries or regions. Please ensure
your location falls within our service area. We reserve the
right to restrict access to certain services or content based on
the user's location to comply with regional regulations.
2.3 Legal Compliance
Users must have full legal capacity and ensure that
their use of our services and products complies with the laws
and regulations of their country or region. Users are
responsible for ensuring that accessing and using our services
is legal in their jurisdiction.
2.4 Account Verification
We may require users to verify their identity and
eligibility through valid documentation, such as a
government-issued ID or passport. LARK reserves the right to
deny service or terminate accounts that fail to meet our
eligibility requirements.
When using LARK's services and products, users are required to
adhere to the following rules and responsibilities:
3.1 Compliance with Laws and Regulations
Users must comply with all applicable laws and
regulations when using our services and products. Any illegal
behavior will result in service termination and potential legal
liability. Users must refrain from activities that violate
intellectual property rights, including unauthorized copying,
distribution, or modification of content.
3.2 Prohibited Conduct
Users are prohibited from posting or transmitting
any unlawful, infringing, defamatory, obscene, harassing,
fraudulent, or otherwise inappropriate content. Users are
prohibited from using our services for any unauthorized
commercial activities or advertisements. Users are prohibited
from abusing, damaging, interfering with, or otherwise
disrupting the normal operation of our services. Users must not
engage in spamming, phishing, or any other activities intended
to mislead or deceive others.
3.3 Legal Use
Users must not attempt to gain unauthorized access
in any way, including bypassing security measures, hacking
passwords, intruding on servers, or engaging in other network
attacks. Users must not use any automated means (such as robots,
spiders, or scraping tools) to access or use our services. Users
must not attempt to reverse engineer, decompile, or disassemble
any part of our software or services.
3.4 User Content
Users are fully responsible for all content they
post on the platform. Users must ensure that their posted
content does not infringe upon the intellectual property,
privacy, or other legal rights of third parties. Users grant
LARK a worldwide, non-exclusive, royalty-free right to use the
content they post, including but not limited to copying,
modifying, distributing, and displaying such content. Users must
not post content that is false, misleading, or promotes illegal
activities.
3.5 Information Security
Users are responsible for protecting the security of
their account information and passwords. LARK assumes no
liability for any account misuse or data breaches resulting from
user negligence. Users should use strong, unique passwords for
their accounts and change them regularly. Users should
immediately report any suspicious activity or security breaches
to LARK.
3.6 Community Standards
Users must interact with others respectfully and
courteously. Harassment, bullying, and discriminatory behavior
are strictly prohibited. Users must adhere to community
guidelines and standards established by LARK to maintain a safe
and welcoming environment for all users.
You are permitted to use the Services, including the Websites,
solely for lawful purposes and in accordance with these Terms of
Use. You agree not to use the Services or Websites in any manner
that violates applicable laws, exploits or harms individuals,
sends unsolicited advertising or promotional material, or
impersonates LARK or any other person. Furthermore, you agree
not to:
4.1 Interfere with Services
Disable, overburden, damage, or impair (or attempt
to do so) the Services, including the Websites, or interfere
with any other party’s use of the Services, including the
Websites.
4.2 Harmful Conduct
Engage in any conduct that adversely affects others'
use or enjoyment of the Services, including the Websites, or
that, as determined by LARK, may harm the company.
4.3 Automated Access
Use any robot, spider, or other automatic device,
process, or means to access the Websites for any purpose,
including monitoring or copying any material on the Websites.
4.4 Unauthorized Manual Access
Use any manual process to monitor or copy any
material on the Websites, or for any other unauthorized purpose,
without prior written consent from LARK.
4.5 Interference Devices
Employ any device, software, or routine that
interferes with the proper functioning of the Websites.
4.6 Malicious Software
Introduce any viruses, Trojan horses, worms, logic
bombs, or other malicious or technologically harmful material.
4.7 Unauthorized Access
Attempt to gain unauthorized access to, interfere
with, damage, or disrupt any part of the Services, including the
Websites, the server on which the Websites are stored, or any
server, computer, or database connected to the Websites.
4.8 Service Attacks
Attack the Websites via a denial-of-service attack
or a distributed denial-of-service attack.
4.9 Interference
Otherwise attempt to interfere with the proper
functioning of the Services, including the Websites.
By installing, accessing, or using LARK's Services, you agree to
the terms outlined in this information collection and usage
policy, including the transfer of data to countries outside the
European Union, the European Economic Area, or the United
States, where applicable. LARK is committed to respecting your
privacy and safeguarding any information collected about you.
Our privacy practices are detailed in our Privacy Policy, which
is updated periodically and available at our website. The
Privacy Policy explains:
5.1 Information Collection
The types of personal and non-personal data we
collect, including how and why we gather this information.
5.2 Usage of Information
How we use the collected data to provide and improve
our products and services.
5.3 Data Transfers
The circumstances under which your data may be
transferred to, processed in, or accessed from locations outside
your home country, and the measures we take to protect your
information during such transfers.
By using LARK's
Services, you explicitly consent to our Privacy Policy and any
terms referenced within it. This consent includes acknowledgment
of our data handling practices and your acceptance of the terms
and conditions governing your personal information.
All content provided on the Website, including games, graphics,
text, software, and trademarks, is the intellectual property of
Weilai or its licensors and is protected under applicable
copyright and intellectual property laws.
You are granted a limited, non-exclusive,
non-transferable license for personal, non-commercial use to
access and use the Website and Services. You may not copy,
distribute, or exploit any content on the Website without
Weilai’s written permission.
When you purchase Virtual Goods within our games, you are acquiring a limited, personal, and revocable license to utilize these Virtual Goods. Virtual Goods encompass in-game items, currency, and other digital assets that enhance your gaming experience but do not constitute personal property. These can include, but are not limited to, special character outfits, in-game currency packs, and exclusive access items. Please be aware that all purchases of Virtual Goods are final and non-refundable. By completing a purchase, you acknowledge and agree that no refunds will be granted for any Virtual Goods under any circumstances. This policy remains in effect regardless of whether you have used or accessed the Virtual Goods, or if you encounter any issues or dissatisfaction with them.
You agree to protect, indemnify, and hold harmless LARK, including its owners, employees, and representatives, from any and all claims, damages, losses, liabilities, costs, or expenses (including but not limited to legal fees) that arise from: (i) your use of or access to the LARK website; (ii) your breach of these Terms of Service; (iii) your infringement of any third-party rights, including copyright, property, or privacy rights; or (iv) any claim that your User Submissions have caused harm to a third party. This obligation to indemnify will continue even after the termination of these Terms of Service and your use of the LARK website.
You confirm that you are either over 18 years of age, an emancipated minor, or have obtained legal consent from a parent or guardian, and are fully capable of accepting and complying with these Terms of Service. Additionally, you confirm that you are at least 13 years old, as the LARK website is not designed for children under 13. If you are under 13, please exit the LARK website immediately and discuss alternative, age-appropriate websites with your parents.
10.1 Force Majeure
You acknowledge and agree that our services may be
subject to disruptions due to force majeure or other risks. For
the purposes of these Terms, "force majeure" includes but is not
limited to events such as natural disasters, pandemics, war,
terrorism, or other events beyond our reasonable control. We are
not liable for any delays or failures in performance resulting
from such events.
10.2 Limitation of Liability
To the fullest extent permitted by law, LARK will
not be liable for any indirect, incidental, consequential,
special, or punitive damages, or any loss of profits or
revenues, whether incurred directly or indirectly, or any loss
of data, use, goodwill, or other intangible losses, resulting
from: (i) your use or inability to use our services; (ii) any
unauthorized access to or use of our servers and/or any personal
information stored therein; (iii) any interruption or cessation
of our services; (iv) any bugs, viruses, or other harmful code
that may be transmitted to or through our services by any third
party; or (v) any errors or omissions in any content or for any
loss or damage incurred as a result of your use of any content
posted, emailed, transmitted, or otherwise made available via
our services.
10.3 No Warranty
Our services are provided on an "as is" and "as
available" basis, without any warranties of any kind, either
express or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular purpose,
or non-infringement. We do not warrant that our services will be
uninterrupted or error-free, or that any defects will be
corrected.
LARK reserves the right to suspend or terminate your access to our services at any time, with or without cause or notice, including if you violate these Terms of Service or if we discontinue our services. Upon termination, your right to use the services will immediately cease, and you must promptly delete or destroy any copies of the content obtained through the services. We will not be liable to you or any third party for any termination of your access to the services. Termination of your account will not affect any liabilities that may have arisen prior to the date of termination.
These Terms of Service are governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the state or federal courts located in Cuyahoga County, Ohio. You agree to submit to the personal jurisdiction of these courts and waive any objections to venue or jurisdiction.
LARK reserves the right to modify these Terms of Service at any time. We will provide notice of any changes by updating the "Last Updated" date at the top of these Terms. Your continued use of our services after any changes signifies your acceptance of the revised Terms. It is your responsibility to review these Terms periodically to stay informed of any changes.
14.1 Severability
If any provision of these Terms of Service is found
to be invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions will continue in full
force and effect.
14.2 Entire Agreement
These Terms of Service constitute the entire
agreement between you and LARK regarding the use of our services
and supersede all prior agreements and understandings, whether
written or oral, relating to the subject matter.
14.3 Waiver
Our failure
to enforce any right or provision of these Terms of Service will
not be deemed a waiver of such right or provision.
14.4 Assignment
You may
not assign or transfer these Terms of Service or any rights or
obligations hereunder without our prior written consent. LARK
may assign these Terms of Service in its sole discretion without
restriction.
14.5 Contact Information
For any questions or concerns regarding these Terms
of Service, please contact us at [email protected].