The following are the Terms of Service and Privacy Policies pertaining to Luckypuppynet LLC doing business as “The Lucky Puppy”.
Terms of Use:
1. Agreement
1.1. By viewing this Document, you acknowledge that you have read, understood and agree to be bound by all our Terms of Use. If you use this Document on behalf of another legal entity (e.g. your employer or company), you warrant that you have full legal authority to bind that entity to the Terms of Use, and both you and the other legal entity will be bound by the Terms of Use.
2. General
2.1. Please read our Terms of Use carefully. If you do not agree with all our Terms of Use, you must cease usage of this Document and delete all your copies of this Document and delete all your copies of any images or paragraphs of content sourced from this Document, including all copies in electronic (e.g. digital) form, printed form, or any other form.
2.2. “Document” means this document and all parts thereof and includes versions in electronic (e.g. digital) format, printed format, or any other format.
2.3. “The Lucky Puppy” is a temporary pseudonym for a real legal entity, which will be announced soon. 2.4. “We”, “us”, “our”, “ours” and “ourselves” means The Lucky Puppy.
2.5. “Personnel” means the officers, directors, employees, representatives, agents, advisors and sub-contractors of The Lucky Puppy.
2.6. “Personal Information” means personally identifiable information and related sensitive information. Examples include your name and delivery (or street) address.
3. Amendments and Changes
3.1. We have the right to modify, add or delete any provision of the Terms of Use at any time.
3.2. Notice of modifications, additions or deletions to the Terms of Use shall will be made in a new version of this Document.
3.3. All modifications, additions or deletions to the Terms of Use shall be effective immediately.
3.4. Your continued use of this Document following any modifications, additions or deletions to the Terms of Use constitutes an acceptance by you of all such amendments or changes.
4. Intellectual Property
4.1. This Document contains copyrighted and copyrightable information, and other intellectual property.
4.2. Any trademarks, service marks, trade names, logos and other intellectual property displayed on this Document or any media are the property of their respective owners, whether us or third parties.
4.3. Unless otherwise specified in the Terms of Use or elsewhere in this Document, all content in this Document or on the Lucky Puppy are the property of owners and are protected by copyright and other intellectual property laws. All such content may be displayed, printed, and/or stored in your own storage medium (e.g. hard drive) for your non-exclusive, non-transferable, non-commercial, personal use provided that the copyright notice and the Terms of Use in the displayed, printed or stored Document is not removed.
4.4. We grant you permission to retransmit, distribute, circulate and/or host an exact digital copy of this entire Document, provided that: (a) you do not change the filename of your exact digital copy (or copies) of this Document (it should be: Verifying-SHA256s–20180726.txt), and (b) you include along with (or beside) the exact digital copy of this Document (but not within any digital copy of this Document) the word “SHA256: ” (without the quotes) followed by the exact same 64-character SHA256 cryptographic checksum that we have published for our original digital source copy of this entire Document. This is required to ensure that the digital copy of our Document that you retransmit, distribute, circulate and/or host can be verified as being an exact digital copy of our original digital source copy of this entire Document. An exact digital copy means a digital copy that would result in exactly the same SHA256 checksum (the same sequence of 64 alpha-numeric characters) as our original digital source copy of this entire Document when parsed through a reputable SHA256 checksum software program. We have published the 64-character SHA256 checksum for this entire Document (as well as some useful instructions for verifying SHA256 checksums) on our Twitter page (@PhysxResearchrs) and on our Patreon crowd-funding page (https://www.patreon.com/PhysxResearchrs).
4.5. You may quote any small portion of this Document for the purposes of review, analysis, discussion, news-reporting and/or criticism, as provided by Australian copyright law (and related international conventions, treaties and agreements), but you must also include (in your review, analysis, discussion, news-reporting and/or criticism) the source of your quote as one or more of the following Internet hyper-text links:
(a). https://www.twitter.com/PhysxResearchrs
(b). https://www.patreon.com/PhysxResearchrs
(c). a longer and more specific Internet hyper-text link that begins with the Internet hyper-text link specified in sub-clause (a) or (b).
4.6. Except as provided for in clauses 4.4 and 4.5, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, circulate, modify, adapt, copy or embed this Document, or any derivative of this Document, or any part of the content from this Document, without our express prior written consent.
4.7. Nothing contained herein shall be construed as granting you any express or implied right to use any of our intellectual property in any other way without our express prior written consent.
5. Privacy & Confidentiality
5.1. We do not need any Personal Information from you, unless otherwise specified herein.
5.2. If you do provide any Personal Information to us, then:
(a). we may need to use this information to correspond with you;
(b). we recognize that your Personal Information may be highly confidential and private. Unless otherwise specified herein, we will treat all your Personal Information provided to us as strictly private and confidential;
(c). we may necessarily disclose your Personal Information without notice to a third-party if required:
(i). to do so by law;
(ii). in respect of any dispute arising out of or in connection with the Terms of Use;
(iii). to protect and defend the rights of The Lucky Puppy and its Personnel;
(iv). in circumstances involving significant risk to personal safety; and/or
(v). in the unlikely event of a change of ownership and sale of our business;
(d). in all other circumstances, we will never sell, share or distribute any of your Personal Information to any third party.
6. Disclaimers
6.1. Your use of this Document is at your own risk.
6.2. This Document and all information in it is provided on an “as is” and “as available” basis, with all faults and without warranty of any kind, either express or implied.
6.3. The Lucky Puppy disclaims all warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.4. While The Lucky Puppy tries to ensure that the content of this Document is accurate, adequate and complete, it does not represent or warrant its accuracy, adequacy or completeness.
6.5. The Lucky Puppy makes no warranty that this Document will meet your requirements, be safe, secure, uninterrupted, timely, accurate, current, up-to-date, complete, or error-free, or that your data will be safe and secure.
6.6. We accept no liability for any damage, deletion, alteration, corruption, infection or interference with your computer system, software or data occurring in connection with or relating to this Document or its use.
6.7. The Lucky Puppy cannot guarantee that this Document or any linked websites will be free from defects, viruses, and other malicious software.
6.8. The Lucky Puppy cannot guarantee that all of the material in this Document complies with all relevant laws and regulations.
6.9. No advice or information, whether oral or written, obtained by you from us creates any warranty not expressly stated in the Terms of Use.
7. Limitation of Liability
7.1. To the maximum extent permitted by law, in no event, whether in contract, tort (including negligence) or otherwise, will The Lucky Puppy or its Personnel be liable to you or any other party for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage whatsoever (including, but not limited to, loss of profits, anticipated profits, revenues, savings, anticipated savings, contracts, or benefits of contracts; business interruption; loss of goodwill; loss of privacy; loss of data; corruption or infection of data; computer (or any other hardware) failure or malfunction; errors, bugs, spyware, viruses or any other undesirable software; procurement of substitute goods or services; loss of use; marital breakdown; loss of friendships; personal hardship; loss of personal reputation; or any other personal or commercial loss or damage) arising out of or in connection with the information in this Document, your use of this Document, or the Terms of Use, even if we have been advised of the possibility of such loss or damage.
7.2. To the maximum extent permitted by law, our liability for any breach of any representations, warranties or conditions implied by law or otherwise which cannot be excluded, will be limited to:
(a). in the case of information or services, at our option: the supplying of the information or services again; or the payment of the cost of having the information or services supplied again; or
(b). in the case of goods, at our option: the repair or replacement of the goods; the supply of equivalent goods; or the payment of the cost of doing this.
8. Links to other websites
8.1. This Document may contain links to third-party websites. These links are provided for convenience only. The Lucky Puppy gives no assurances regarding the security, safety, accuracy, quality, or relevance of any material on any third-party website. Access to these linked websites is at your own risk.
9. Indemnity
9.1. You agree to indemnify, hold harmless and make good The Lucky Puppy and its Personnel, and keep them fully and effectively indemnified, from and against any injury or death of any persons, and from and against all legal action, claims, liabilities, expenses, payments, outgoings, damages, and losses (including reasonable legal costs and expenses) incurred by or awarded against The Lucky Puppy and/or any Personnel of The Lucky Puppy, arising from or relating to:
(a). any breach by you of the Terms of Use;
(b). any use of, misuse of, or reliance on this Document;
(c). any unauthorized use by you of our intellectual property or any third-party intellectual property;
(d). any negligent act or omission, fraud, dishonesty, misrepresentation, unlawful conduct or other misconduct by you;
(e). any fault, failure or loss of your computing equipment and/or any other property of yours;
(f). any lost, deleted, altered, corrupted or infected data of yours; and
(g). any dealing and/or dispute between you and any third party.
9.2. The Lucky Puppy reserves the right to defend itself and its Personnel in relation to any third-party action or claim arising from or in connection with anything herein. If we use this right, then you will help us in our defense.
9.3. You agree to hold harmless all Personnel of The Lucky Puppy from and against all disputes, actions and claims made by you in connection with the Terms of Use.
10. Severability
10.1. If any provision or part of a provision of the Terms of Use, or the application thereof to any person, entity, place or circumstance, is found to be unlawful, invalid or unenforceable by any court of competent jurisdiction, then:
(a). to the extent permitted and possible, the unlawful, invalid or unenforceable provision shall be interpreted as may be necessary to ensure that it is lawful, valid and enforceable and that comes closest to expressing the intention of the unlawful, invalid or unenforceable provision;
(b). if the unlawful, invalid or unenforceable provision cannot be interpreted according to sub-clause (a), such provision or part of a provision shall be excluded only to the extent of such illegality, invalidity or unenforceability;
(c). to the extent permitted and possible, the unlawful, invalid or unenforceable provision as applied to other persons, entities, places or circumstances shall remain in full force and effect; and
(d). all other provisions of the Terms of Use shall remain in full force and effect.
11. Force Majeure
11.1. If a party to the Terms of Use cannot meet an obligation in the Terms of Use because of an event beyond the reasonable control of that party (a “force majeure event”):
(a). such obligation is suspended to the extent that it is affected by the force majeure event for as long as the force majeure event continues; and
(b). the party relying on this clause 11.1 must give the other party prompt notice in writing of the nature and extent of the force majeure event, an estimate of its likely duration, the extent to which the party is or will be unable to perform or be delayed in performing their obligations, and the steps being taken to remove, overcome or minimize those effects.
11.2. Examples of such force majeure events include without limitation any flood, fire, accident, cyclone, earthquake, storms, war, act of violence, explosion, epidemic, infestation, problems with electrical power, theft of computers or related equipment, hostile computer act, equipment failure, telecommunications failures, inability to procure materials, strikes, lockouts, work conflicts, and changes in any applicable laws or regulations.
12. Survival
12.1. Clauses 4 (“Intellectual Property”), 5 (“Privacy & Confidentiality”), 7 (“Limitation of Liability”), 9 (“Indemnity”), 10 (“Severability”), 13 (“Disputes & Jurisdiction”), and 14 (“Governing Law”) in the Terms of Use will survive the termination or expiration of the Terms of Use and shall remain in full force and effect.
12.2. Any other provision of the Terms of Use which imposes an obligation after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use and shall remain in full force and effect.
13. Disputes & Jurisdiction
13.1. You agree that in the event of any dispute between you and The Lucky Puppy arising out of, relating to or in connection with this Document or the Terms of Use, you will use reasonable endeavors to negotiate a resolution to the dispute in good faith and in the spirit of the Terms of Use, before commencing any court proceedings.
13.2. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in Perth, The State of South Carolina.
13.3. You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction in the State of South Carolina and their appellate courts in The State of South Carolina, in any legal action or proceeding relating to us or our Terms of Use. You waive any right to object to proceedings being brought in those courts for any reason.
14. Governing Law
14.1. The Terms of Use shall be governed by and construed in accordance with the laws of The State of South Carolina, and the laws which are in force in The State of South Carolina.
15. Other Terms
15.1. If any of the content in this Document conflicts with any provision of the Terms of Use, then the Terms of Use shall prevail.
15.2. If we do not apply or enforce any provision of the Terms of Use, it is not a waiver of that provision. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by an authorized person from The Lucky Puppy.
15.3. The Terms of Use were written in English (Australian). While we hope that all translations of the Terms of Use are accurate, if there are any differences in meaning between the original English version and a translation, the original English version shall prevail.
15.4. If you have reason to believe that any content in this Document is in breach of any law, regulation or third party’s rights, you agree to notify us in writing immediately.
15.5. You may not transfer, novate, create an interest in, or assign any right or obligation of the Terms of Use, and any attempted assignment will be deemed void from the beginning.
15.6. Nothing in the Terms of Use is to be interpreted as having the effect of excluding, restricting or modifying any statutory guarantee, warranty, right or liability implied by any applicable legislation (e.g. Australian Consumer Law), if such exclusion, restriction or modification would be void or prohibited by the legislation.
15.7. All headings contained herein are for convenience only and shall not affect the meaning or interpretation of any of the Terms of Use.
15.8. Words importing the singular include the plural and vice versa.
15.9. If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
15.10. Words importing a gender include other genders.
15.11. The words “hereof”, “herein” and/or “hereunder” in a provision of the Terms of Use refer to the Terms of Use and not to any particular provision of the Terms of Use.
15.12. The words “include”, “includes”, “including”, “such as”, “for example”, “examples” and/or “e.g.” in a provision of the Terms of Use do not limit what may be included in the wording of that provision.
15.13. The Terms of Use constitute the entire agreement between you and us, and supersede all prior and contemporaneous proposals, agreements, negotiations, arrangements, representations and understandings between you and us, whether written or oral, regarding your use of this Document.
