Terms of Use
These
Terms of Use affect your rights and you should read them carefully.
Acceptance
of Terms of Use. These
Terms of Use govern your use of the content and functions available through the
lucky7.pizza domain name and other websites and apps on which these terms
reside or are linked from (collectively the "Platform") that are
operated by Lucky7 Group, Inc. ("Lucky 7 Pizza"). By using, visiting,
or browsing the Platform, you accept and agree to be bound by these Terms of
Use. If you do not agree to these Terms of Use, you should not use the
Platform. These Terms of Use are an ongoing contract between you and Lucky 7
Pizza and apply to your use of the Lucky 7 Pizza Platform.
Changes to
Terms of Use. Lucky 7
Pizza reserves the right, from time to time, with or without notice to you, to
change these Terms of Use in our sole and absolute discretion. The most current
version of the Terms of Use will supersede all previous versions. Your use of
the Lucky 7 Pizza Platform after changes are made means that you agree to be
bound by such changes.
Privacy
and Personal Information. On
certain areas of our Platform, you may be given the ability to provide us with
personally identifiable information. Please read our Privacy Policy for more
information about our information collection and use practices, which Policy
applies to information you submit on this Platform.
Your Account. In order to access some features of
the Platform, you will have to create an account. If you register an account on
the Platform, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your account, and you agree
to accept responsibility for all activities that occur under your account or
password. When creating your account, you must provide accurate and complete
information. You may never use another's account without permission. You must
notify Lucky 7 Pizza immediately of any breach of security or unauthorized use
of your account. Although Lucky 7 Pizza will not be liable for your losses
caused by any unauthorized use of your account, you may be liable for the
losses of Lucky 7 Pizza or others due to such unauthorized use.
The Platform sells products to
adults, who can purchase with a credit card. If you are under 13, you may
browse the Platform but you may not register an account, purchase goods or
participate in any offers or promotions. Lucky 7 Pizza reserves the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in
its sole discretion.
Third-Party
Content. These Terms of Use apply to all
users of the Platform, including users who are also contributors of video
content, information, and other materials or services on the Platform. The
Platform may contain links to third party Platforms that are not owned or
controlled by Lucky 7 Pizza. Lucky 7 Pizza has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party platforms. In addition, Lucky 7 Pizza will not and cannot censor or edit
the content of any third-party site. By using the Platform, you expressly
release Lucky 7 Pizza from any and all liability arising from your use of any
third-party Platform. Accordingly, when you leave the Platform or submit
information to a third-party platform accessible from this Platform, the terms
and conditions and privacy policy of that other platform will apply.
Platform Access. Lucky 7 Pizza hereby
grants you permission to use the Platform as set forth in these Terms of Use,
provided that:
- your use of the Platform as
permitted is solely for your personal, noncommercial use;
- you will not copy or distribute
any part of the Platform, including content on the Platform provided by Lucky
7 Pizza or its licensors, including graphics, images, text, digitally
downloadable files, trademarks, logos, product and program names, or
slogans (“Lucky 7 Pizza Content”), in any medium without Lucky
7 Pizza prior written authorization;
- you will not alter or modify
any part of the Platform other than as may be reasonably necessary to use
the Platform for its intended purpose;
- you will not use any electronic
communication feature of the Platform for any purpose that is unlawful,
tortious, abusive, intrusive on another's privacy, harassing, libelous,
defamatory, embarrassing, obscene, threatening, or hateful;
- you will not upload, post,
reproduce, or distribute any information, software, or other material
protected by copyright or any other intellectual property right (as well
as rights of publicity and privacy) without first obtaining the permission
of the owner of such rights;
- you will not upload, post,
email, or otherwise transmit any advertising or promotional materials or
any other form of solicitation or unauthorized communication; and (vii)
you will not upload, post, email, or otherwise transmit any material that
contains viruses or any other computer code, files, or programs which
might interrupt, limit, or interfere with the functionality of any
computer software or hardware or telecommunications equipment; and
- you will otherwise comply with the
terms and conditions of these Terms of Use.
You agree not to use or launch any
automated system, including without limitation, "robots,"
"spiders," "offline readers," etc., that accesses the
Platform in a manner that sends more request messages to the Lucky 7 Pizza servers
in a given period of time than a human can reasonably produce in the same
period by using a conventional on-line web browser. Notwithstanding the
foregoing, Lucky 7 Pizza grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole purpose
of creating publicly available searchable indices of the materials, but not
caches or archives of such materials. Lucky 7 Pizza reserves the right to
revoke these exceptions either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information, including account
names, from the Platform, nor to use the communication systems provided by the
Platform for any commercial solicitation purposes. You agree not to solicit,
for commercial purposes, any users of the Platform with respect to their user
submissions.
Limitation
of Liability. THIS
PLATFORM (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION CONTAINED HEREON) IS
PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION
OR SOFTWARE THEREIN. IN NO EVENT SHALL LUCKY 7 PIZZA, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE LUCKY 7 PIZZA’S PLATFORM, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PAPA JOHN’S
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LUCKY
7 PIZZA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF USER OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Lucky 7 Pizza makes no
representations about the reliability of the features of this Platform, the
content, or any other Platform feature, and disclaims all liability in the
event of any service failure. You acknowledge that any reliance on such
material or systems will be at your own risk. Lucky 7 Pizza makes no
representations regarding the amount of time that any content will be
preserved.
The Platform is controlled and
offered by Lucky 7 Pizza from its facilities in the United States of America. Lucky
7 Pizza makes no representations that the Lucky 7 Pizza’s Platform is
appropriate or available for use in other locations. Those who access or use
the Lucky 7 Pizza’s Platform from other jurisdictions do so at their own
volition and are responsible for compliance with local law. Indemnity. You
agree to defend, indemnify and hold harmless Lucky 7 Pizza, its parent
corporations, affiliates officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the
Platform;
- your violation of any term of
these Terms of Use;
- your violation of any third
party right, including without limitation any copyright, property, or
privacy right; or
- any claim that one of your user
submissions is offensive, defamatory, obscene or otherwise objectionable
or caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Use and your use of the Platform.
App
Platform Users. The use
of the app Platform requires use of a mobile device and wireless mobile data
service, which must be obtained from your wireless carrier, and may require
Internet access, which must be obtained from your service provider; you are
responsible for obtaining and paying for such additional services and obtaining
a suitable device, including without limitation all usage charges related
thereto. You are required to send and receive, at your cost, electronic
communications related to the Platform, including without limitation,
administrative messages, service announcements, diagnostic data reports, and
Platform updates, from Papa John’s, your mobile carrier or third party
service providers. If you do not have an unlimited wireless mobile data plan,
you may incur additional charges from your wireless service provider in
connection with your use of the Platform. You are solely responsible for
obtaining any additional subscription or connectivity services or equipment
necessary to access the Platform, including but not limited to payment of all
third party fees associated therewith, including fees for information sent to
or through the Platform.
Lucky 7 Pizza may, at its
discretion, automatically download Platform updates to your device from time to
time. You agree to accept these Platform updates, and to pay for any costs
associated with receiving them. The Platform may not work with all devices or
all mobile carriers. Papa John’s makes no representations that the
Platform will be compatible with or provided by all mobile carriers. In the
event that fees are charged for the Platform, or other third party service
providers charge a fee for the products or services they provide, you agree to
pay such fee to the respective party in exchange for your continued use of such
products or services. Some services may be subject to different or additional
terms (including fees), which you will be required to agree to prior to your
use of such services.
Ability to
Accept Terms of Use.
You affirm that you are either more than 13 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Use, and to abide
by and comply with these Terms of Use. In any case, you affirm that you are
over the age of 13, as the Lucky 7 Pizza Platform is not intended for children
under 13. If you are under 13 years of age, then please do not use the Lucky 7
Pizza Platform - there are lots of other great web sites for you. Talk to your
parents about what sites are appropriate for you.
Miscellaneous. These Terms of Use will be governed
by and construed in accordance with the internal laws of California without
regard to conflicts of laws principles. By using this site, you hereby agree
that any and all disputes regarding these Terms of Use will be subject to the
courts located in Los Angeles County, California. These Terms of Use operate to
the fullest extent permissible by law. If Lucky 7 Pizza fails to act with
respect to your breach or anyone else's breach on any occasion, Lucky 7 Pizza is
not waiving its right to act with respect to future or similar breaches. If any
provision of these Terms of Use shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
of Use and shall not affect the validity and enforceability of any remaining
provisions. These Terms of Use constitute the entire agreement between you and Lucky
7 Pizza regarding the use of the Platform.
Returns/Refunds. If you are not completely satisfied
with your Lucky 7 Pizza experience, we will make it right or refund your money.
The appearance and presentation of dishes may differ from the picture on the website.