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Terms of Service

Terms of Service

Effective Date: July 15, 2022

These Terms of Service (“Terms of Service” or “Terms”) and our Privacy Policy (our, “Privacy Policy (collectively, the “Agreement”), govern your access and use of the Lago Frame (the “Frame”), website (https://lagoframe.com/),the Lago mobile application (the “App”), and any other services or platforms made available by Lago from time to time (collectively, the “Platform”). The Platform is owned and operated by Lago Digital, Inc. (“Lago,” “we,” “us,” or “our”).

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE AN AGREEMENT TO ARBITRATE, A JURY TRIAL WAIVER AND CLASS ACTION WAIVER. By using the Platform or accepting these Terms, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not use the Platform.

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated date.  In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for notice of any changes.  Your continued use of the Platform constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to these Terms, you should stop using the Platform immediately.

  1. THE PLATFORM

You may purchase the Frame and download the App to view, explore and display your NFTs.  The App and Frame authenticate your NFT art and allow you to display NFTs from your wallet on the Frame. “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain, which uses smart contracts to link to or otherwise be associated with certain content or data.

  1. ELIGIBILITY

To use the Platform, you represent and warrant that you: (a) are at least 18 years of age, and (b) you have not previously been removed from the Platform by us.  You may not use the Platform for any illegal or unauthorized purpose nor may you, in the use of the Platform, violate any laws or any person or entity’s rights (including but not limited to copyright laws and rights of publicity). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

  1. DEVICES AND APP

Access to the Frame requires the use of the App, as well as communications with or use of space on your mobile devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the App.  You give us permission to download and install updates to the App on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting the App from your device.

  1. PRIVACY

Our Privacy Policy explains what information may be collected through the Platform, how that information may be used and/or shared with others, how we safeguard that information, and how you may access or control its use in connection with our marketing communications and business activities. 

  1. INTELLECTUAL PROPERTY

LAGO CONTENT

The Platform is owned and operated by Lago.  By registering for an account on the App (“Account”) or by otherwise using the Platform, you agree that all content, trademarks, and other proprietary materials and/or information on the Platform, including, without limitation, Lago’s logos, visual interfaces, graphics, design, specifications, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof and all other materials (collectively, the “Lago Content”) are protected by copyright, trademark, patent, trade secret, and other laws, and, as between you and Lago (and/or third-party licensors), Lago owns and retains all rights, title, and interest in the Lago Content and the Platform. 

All trademarks, logos, and service marks (collectively, the “Platform Marks”) are the exclusive property of Lago (and/or third-party licensors) or other third parties.  Nothing in these Terms grants you a license to use any of the Platform Marks or any of the Lago trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

Unless otherwise expressly stated in writing by us, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and use the Platform for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Platform and/or the Lago Content or any Platform Marks by accessing or otherwise using the Platform.  The license granted to you herein may be terminated by Lago at any time, in its sole discretion.  All rights not expressly granted in this Agreement are hereby expressly reserved by Lago.

You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Lago Content. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Lago Content displayed on the Platform, and you will not reproduce, modify, adapt, prepare derivative works from, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any of the Lago Content without the written permission of Lago or such third party that may own any Platform Marks displayed on the Platform.

YOUR CONTENT

You are solely responsible and liable for content and/or NFTs you upload onto the App or while otherwise using the Platform (“Your Content”).

To the furthest extent permitted by applicable law, you hereby agree that Lago shall not be liable for any unauthorized copying, use, or distribution of Your Content by other Platform users or third parties, and you release and forever waive any claims you may have against Lago for any such unauthorized copying, distribution, or usage of Your Content, under any theory. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY LAGO HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

CONTENT LICENSES

If you submit, transmit, display, perform, post, or store Your Content through the App, you grant Lago, and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content (and derivative works thereof) on the Platform; Should Your Content contain the name, identity, likeness, or other biographical information of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Lago and its sub-licensees are allowed to use them to the extent indicated in these Terms.

  1. NFT & NFT WALLET SECURITY

You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the Platform and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Platform.  If you display an NFT through our Platform, We do not have custody or control over the NFTs, and we do not execute or effectuate purchases, transfers, or sales of NFTs.  To use our Platform, you must use a third-party wallet.  By using your wallet in connection with the Platform, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Lago, and Lago does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Lago accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Platform will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Platform or your Account.

  1. REPRESENTATIONS AND WARRANTIES

You are solely responsible for Your Content and the consequences of uploading, posting or publishing it on the Platform. You represent and warrant that: (a) you are the creator or own or control all right in and to the Your Content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) Your Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) defame any other person; (c) Your Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (d) unless you have received prior written authorization, Your Content specifically does not contain any confidential information of Lago or third parties. Lago reserves all rights and remedies against any users who breach these representations and warranties.

  1. INAPPROPRIATE CONTENT

We do not tolerate inappropriate content or behavior on our Platform.  We encourage you to report any inappropriate content or misconduct by others.  You can report any App user directly through the Platform, or by emailing us at support@lagoframe.com with the subject “Inappropriate Content.”

To the extent permitted by applicable law, Lago takes no responsibility and assumes no liability for Your Content or for any loss or damage resulting therefrom, nor is Lago liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Platform. Your use of the Platform is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by such rules.

To the fullest extent permitted by applicable law, Lago reserves the right to remove, screen, or edit any of Your Content posted or stored on the Platform at any time and without notice, including where Your Content violates these Terms or applicable law.  Any use of the Platform in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Platform.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT

Lago has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act ( “DMCA”).  If you believe that your work or NFT has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Platform (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  • your contact information, including address, telephone number and email address;
  • a written 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; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to Lago’s Copyright Agent via email to copyright@lagoframe.com.

Lago will terminate the Account of any repeat infringer.

  1. USER CODE OF CONDUCT

When you use the Platform, you acknowledge and agree that:

  • You will abide by these Terms.
  • You are solely responsible for your interaction with anyone on the Platform. You agree that Lago is not responsible or liable for the conduct of any other App user.
  • You are solely responsible for obtaining and maintaining all telephone, computer hardware, software, accessories, and other equipment needed for you to access and to use the Platform.
  • You will not impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Platform; or perform any other similar fraudulent activity.
  • You will not use the Platform for any harmful, illegal, nefarious, or untoward purpose.
  • You will not use or attempt to use any cheats, bots, automation software, hacks, or any third-party software designed to interfere with the Platform.
  • You must not stream, broadcast or post or otherwise use information via the Platform that may lead to violations of data privacy laws or other harmful violations of personal identity or privacy, including, without limitation, your or any other person’s credit card information, non-public phone numbers, or non-public e-mail addresses.
  • You will not interfere or disrupt the Platform or its servers or networks connected to the Platform including by transmitting any worms, viruses, spyware, malware, malicious code, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with how any Lago page is rendered or displayed in a browser or on a device.
  • You will not crawl, scrape, cache, or otherwise access any content or information on the Platform via automated means.
  • You will not create an Account through any unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper. Should you use any automatic, macro, program, or similar method, or otherwise commit fraud with regard to the Platform, Lago reserves the right to pursue legal action against you.
  • You will not use the Platform for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
  • You will not post or share any Prohibited Content, as described below.

We reserve the right to refuse access to the Platform to you, for any reason at any time, at our sole discretion. 

  1. PAYMENTS AND REFUNDS

We are accepting payment through credit card and cryptocurrency wallets.

By providing your payment information, you agree to pay all charges incurred by you and your applicable payment mechanism at the price in effect when such charges are incurred.

We are required by law to collect all applicable sales taxes for all states and municipalities. You authorize us to charge the applicable sales taxes to your credit card prior to the completion of order shipment.

All billing and payment information that you provide must be accurate, complete and correct. By confirming your payment, you agree to accept and pay for the Frame that you have requested.

If you have any questions about charges or refunds, please contact us at support@lagoframe.com.

  1. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Platform. You agree to promptly update your account and other information, including your email address, shipping address, and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  1. OPTIONAL TOOLS

We may provide you with access to third-party tools and hardware over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Frame is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

  1. DISCLAIMER OF WARRANTIES

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LAGO AND ITS SUBSIDIARIES, AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND LICENSEES (THE “LAGOPARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

THE LAGO PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT (A) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF THE FRAME ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; (E) YOUR INFORMATION CREATED THROUGH THE PLATFORM, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST; OR (F) ANY ERRORS WILL BE CORRECTED.


THE LAGO PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM THE PLATFORM.

  1. LIMITATION OF LIABILITY AND WAIVER

UNDER NO CIRCUMSTANCES WILL THE LAGO PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE PLATFORM; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE PLATFORM; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE LAGO PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE PLATFORM; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S OPERATION; OR (F) ANY DAMAGE TO ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF THE LAGO PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE LAGO PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  NOTWITHSTANDING THE FOREGOING, IF THE LAGO PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE PLATFORM, IN NO EVENT WILL THE LAGO PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500.00).


LAGO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE LAGO PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold the Lago Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected to your use or misuse of the Platform or with any of the following (including as a result of your direct activities on the Platform or those conducted on your behalf): (a) your breach or alleged breach of these Terms of Service; (b) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) any misrepresentation made by you; or (e) your breach or alleged breach of the representation and warranties set forth in these Terms of Service. Lago reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Lago. 

  1. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER

Arbitration Agreement.  If you pursue a legal claim against Lago, you agree to arbitration (with limited exceptions and except where prohibited by law):

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be binding arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by these Arbitration Procedures.

The one exception is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Lago any class action, class arbitration, or other representative action or proceeding.

Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can and decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Lago (except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.

JURY TRIAL WAIVER. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. 

  1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Platform is not accurate, complete or current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on this site is at your own risk.  The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our Platform. You agree that it is your responsibility to monitor changes to our Platform. 

  1. APP TERMS

You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or Platform will be available in any particular geographic location.

The following terms and conditions apply to you only if you are using the App from the Apple App Store: To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Lago, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Lago, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

By creating an Account, you consent to receive electronic communications from Lago (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Platform and you may opt out of these communications through the Platform or through your mobile device’s operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided.

  1. LINKS TO OTHER WEBSITES

The Platform may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Platform, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Lago, and may be “open” applications for which no recourse is possible. Lago is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Lago provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.

  1. NOTICE

All notices to Lago shall be in writing to the e-mail address listed below and will be deemed given on the date received. Notices to you may be sent to the e-mail supplied by you when you registered for an Account.

support@lagoframe.com

  1. GENERAL PROVISIONS

Governing Law & Venue.  These Terms of Service are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Notwithstanding the foregoing, the Arbitration Agreement in Section 16 above shall be governed by the Federal Arbitration Act.  All claims arising out of or relating to this Agreement, to the Platform, or to your relationship with Lago that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of New York County, New York. You and Lago consent to the exercise of personal jurisdiction of courts in the State of New York and waive any claim that such courts constitute an inconvenient forum.

Additional Terms.  Additional terms and conditions may apply to specific features or your use of certain portions of the Platform. These additional terms also are legally binding.

No Waiver.  Any waiver of any provision of this Agreement will be effective only if in writing and signed by or on behalf of Lago. No failure or delay by Lago in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.  This provision will survive the termination of any and all of your transactions with Lago.

Severability.  Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.

Headings.  The headings in these Terms are for convenience only and have no legal or contractual effect.

Assignment.  Lago may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. 

Entire Agreement.  This Agreement (which includes these Terms of Service, our Privacy Policy and any other Lago terms that govern your use of Platform), constitutes the entire agreement between you and Lago. 

  1. CHANGES

We may revise and update these Terms, the price of the Frame, and any portion of the Platform from time to time, in our sole discretion.  Notice of any material change will be posted on this page with an updated effective date.  All changes are effective immediately upon posting by us and such changes shall apply to all access to and use of the Platform thereafter; provided, however, that any changes to the dispute resolution provisions set out in Governing Law & Venue will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to such changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

CONTACT US

If you have any questions or concerns, please contact us at support@lagoframe.com.