1. ACCEPTANCE OF TERMS
Welcome to Lewt.com (the "Website"), operated by Lewt, Inc. (hereinafter, "Lewt"). Lewt provides its services to you, subject to the following Terms of Service ("TOS"), which may be revised by Lewt from time to time without notice to you. In addition, when using particular services offered by Lewt, you may be subject to additional guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Lewt currently provides and may provide users with access to a rich collection of resources, including, but not limited to, purchase and sale of virtual items and accounts, software download, sale and/or display of gaming guides, and various communications tools, discussion forums and shopping services (collectively, the "Service"). The Service may include advertisements which may be necessary for Lewt to provide the Service.
The price on the Website for each virtual item, virtual account, or other virtual property (collectively, "Virtual Items") represents the sum of a finder's fee and a transfer fee to be paid to Lewt. All Virtual Items on the Website remain the sole properties of their respective owners and/or the owners of the servers where the Virtual Items reside until they are transferred. Lewt merely acts as a transfer agent and makes no claim to ownership of the Virtual Items and makes no representations or warranties regarding any aspect of the Virtual Items unless otherwise expressly put in writing by Lewt. After a Virtual Item is transferred to you, Lewt is not responsible for its loss or alteration due to any reason, including, but not limited to, hack, scams, theft, rollbacks, patches, bugs, accident, character/account deletion or expiration. Lewt will not replace, repair, substitute or refund for any lost Virtual Item for any reason.
3. DISCLAIMER OF WARRANTY
You understand and agree that the Service AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, VIRTUAL ITEMS OFFERED VIA THE SERVICE ARE provided ON AN "AS IS" AND "AS AVAILABLE" BASIS without any warranty whatsoever, express or implied INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LEWT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, VIRTUAL ITEMS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY FINANCIAL LOSS, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEWT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Some states do not allow limitations on implied warranties, so the above limitation may not apply to you. Information on the Website may contain inaccuracies or typographical errors. Lewt does not guarantee the accuracy or completeness of the information contained in the Website. Lewt may make updates, improvements and/or changes in the information contained on the Lewt Website and/or products provided by Lewt at any time without notice.
We accept the following forms of payments: Paypal, personal check (which may take 5 days or more to clear), money order, wire transfer via Western Union or a reputable bank, and cash. If we feel that your payment may be funded by a stolen PayPal account or by other means be unauthorized or fraudulent, we may request that you provide and confirm another bank account, provide additional personal information and/or pay by an alternative means.
By your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or any other applicable jurisdiction. A certain percentage of our orders require verification as we determine in our sole discretion. If you are under the age of 18 we will request to speak to a parent or legal guardian to complete the verification process. Verification is to prevent fraud and works for the benefit of our honest customers because less fraud means lower prices. However, this process may delay delivery. If your order does require verification, you will be notified. We may call or in some cases mail a verification letter to the address you have provided. If you do not hear from us within 24 hours of the time you placed your order, please write to us. Verification is a one-time process and is rather costly. Therefore, we will not issue a refund. If you cannot wait to get your items because of the delay caused by verification and you have found same items elsewhere in the meantime, you may request credit to be used towards other items offered on the Website, but not a cash refund.
We require that all U.S. PayPal customers include a confirmed address and phone number with PayPal payments. If we feel your order to be suspicious, we may call you and/or mail an order confirmation code to your confirmed address, as provided by PayPal. You will need this code to pickup your virtual items. This code is usually shipped overnight express mail to avoid delay. We require that all international PayPal users to include a contact phone number and if we feel your order is suspicious, you will be required to pay by a means other than PayPal.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. Without a registered account, you may be denied access to some of the Service and Website. For users under the age of 18, we reserve the right to require consent by their parents or guardians during the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Lewt of any unauthorized use of your password or account or any other breach of security. Lewt cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7 or any breach of security of your account, no matter how it occurs.
You acknowledge, consent and agree that Lewt may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to your requests for customer service; or (d) protect the rights, property, or personal safety of Lewt, its users and the public.
8. MEMBER CONDUCT
As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by the TOS. You may not use the Service in any manner that could damage, disable, overburden, or impair any Lewt server, or the network(s) connected to any Lewt server, or interfere with any other party's use and enjoyment of any Service. You may not attempt to gain unauthorized access or prevent access by any other person to any Service, other accounts, computer systems or networks connected to any Lewt server, by any means.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Lewt does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") that you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Lewt the following world-wide, perpetual, irrevocable, royalty free and non-exclusive and fully sublicensable license as applicable, to make, have made, use, duplicate, distribute, make derivative works from, sell, offer for sale, modify, adapt, translate, publicly perform and publicly display such Content on the Service and to incorporate such Content into other works in any format or medium now known or later developed (in whole or in part).
You agree to indemnify and hold Lewt, and its subsidiaries, affiliates, officers, board of directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Service Account I.D. for access the Service), use of the Service, or access to the Service.
12. MODIFICATIONS TO SERVICE
Lewt reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Lewt shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Lewt may, without prior notice, immediately terminate your Service account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. You agree that all terminations for cause shall be made in Lewt's sole discretion and that Lewt shall not be liable to you or any third-party for any termination of your account, or access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Lewt has no control over such sites and resources, you acknowledge and agree that Lewt is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Lewt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. GAME GUIDELINES
Inclusion of game guideline(s) on the Website by Lewt or any other party does not imply Lewt's endorsement or approval of their content, over which Lewt has no control. You agree to waive, release and hold harmless Lewt from any and all claims, demands, actions, damages (actual and consequential), losses, costs and expenses of every kind and nature, known and unknown, relating to ANY GAME GUIDELINES that you see on the Website. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE WAIVER MAY NOT APPLY TO YOU.
16. REVIEWS, COMMENTS AND COMMUNICATIONS
Visitors of the Website may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a review, message, comment, or other content. Lewt reserves the right (but not the obligation) to remove or edit such content at its sole discretion.
If you do post content or submit material, and unless we expressly indicate in writing otherwise, you grant Lewt and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully paid licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content or material throughout the world in any media, now exiting or hereinafter created, and the right to sublicense the right to any third party to do the same. You grant Lewt and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise have the appropriate license(s) to all of the rights to the content and material that you post or submit; that the content and material are accurate; that use of the content and material you supply does not violate this policy and will not cause injury to any person or entity; and that you indemnify Lewt and its affiliates for all claims resulting from content and material you supply. Lewt has the right but not the obligation to monitor, edit and remove any said content and material. Lewt takes no responsibility and assumes no liability for any content and material posted or submitted by you or any third party.
17. LEWT'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software ("Software") used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Lewt or its licensors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Lewt grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEWT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEWT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SERVICE ACCOUNT, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. SHIPPING & HANDLING
Shipping and handling is included unless otherwise specified.
20. PRICE PROTECTION POLICY
Lewt may, in its sole discretion, offer price protection for certain products and services. When the price protection is in effect, if you purchase a product or service from the Website and the price is lowered within 24 hours of that purchase, you may contact Lewt with your order number to receive additional products or services (subject to availability) to make up for the difference.
21. ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to Lewt, you are communicating with Lewt electronically and you hereby expressly consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and waive your right to challenge the validity of the same.
Lewt may provide you with notices, including those regarding changes to the TOS, by electronic mail, regular mail, or postings on the Website.
23. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Lewt respects the intellectual property of others, and we ask you to do the same. Lewt may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your copyright has been infringed, or your intellectual property rights have been otherwise violated, please provide Lewt the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Lewt's Agent for Notice of claims of copyright or other intellectual property infringement can be reached by email: [email protected]
24. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and Lewt and governs your use of the Service, superceding any prior agreements between you and Lewt. The TOS and the relationship between you and Lewt shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Lewt agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of Lewt to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that your Lewt account is non-transferable and any rights to your Service Account I.D. or contents within your account terminate upon your death or loss of legal capacity. The section titles in the TOS are for convenience only and have no legal or contractual effect.