Terms & Conditions

IMPORTANT—READ CAREFULLY: These terms and conditions constitute a legal contract, hereafter referred to as the “Agreement,” between “You,” the user (either an individual or a single business entity) and E-Squared Tech, Inc, d/b/a YooLotto (“YLI” or “LICENSOR”) for the use of the website hosted and maintained at http://www.yoolotto.com and related sites that are now available or that may be available in the future (collectively the “Site”), which includes computer software and, as applicable, associated media, printed materials, online or electronic documentation, advertisements, and any other content accessible at or related to http://www.yoolotto.com (collectively, “Content”), which is made available for use with the YooLotto™ information service (the “YooLotto Service”).

BY USING THE YOOLOTTO SERVICE OR THE SITE, YOU AGREE TO BE BOUND BY THE THIS AGREEMENT, INCLUDING WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE YOOLOTTO SERVICE.

I. Access and Services

A. Access to the Site

YLI grants You a limited, personal, revocable, non-transferable, and non-exclusive license to access the Site and its Content. Content may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products. Any access to the Site or its Content except in accordance with this Agreement is prohibited.

Systematic retrieval of data from the Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of YLI is strictly prohibited. When retrieving information from the Site, You are prohibited from using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser; aggregating, copying or duplicating any of the materials or information available from the Site except for the small amount of materials and information temporarily required for and Your use of the Site; or accessing data not intended for You.

YLI operates the Site for its own commercial purposes. Your use of the Site is at the sole discretion of YLI, which may deny You further use of the Site at any time, for any reason or no reason, with or without cause. Your use of the Site does not entitle You to continued use of the Site.

B. YooLotto Apps

YLI may provide software in conjunction with the Service or for other purposes. Software provided by YLI is governed by an end-user license agreement, which you must accept before installing or using the software.

C. Prohibited Conduct

 Streaming Media
YLI may provide, from time to time, streamed Content, such as audio, video, or other multimedia. While this Agreement grants You a license to access such Content on a streaming basis, creating a local copy of such Content on Your hard drive or other permanent storage device, except to the extent necessary to operate a streaming media player, is a violation of this Agreement and of United States and international copyright law.

 Digital Rights Management
You agree that You will not use any device, software or routine to bypass any code which may be included to prevent You from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure. You agree not to break, counteract, disable, disrupt, or otherwise hinder, or attempt to break, counteract, disable, disrupt, or otherwise hinder, any encryption, digital rights management (DRM) or other access restriction or control mechanism attached to any Content received from the Site. Doing or attempting to do any of the foregoing is a violation of this Agreement, and may be actionable under the Digital Millennium Copyright Act (DMCA), regardless of other fair use or other statutory or other common law rights. Your obligations under this section shall survive the termination of this Agreement.

 Other Prohibited Acts
Your use of the Site must always comply with applicable law. In particular, but without limitation, You agree and represent not to use the Site to:

(a) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with any person or entity;

(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(d) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;

(e) post chain letters or pyramid schemes; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same information more than once or “spam;”

(f) use automated scripts to collect information from or otherwise interact with the Site;

(g) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

(h) engage in activities that violate United States antitrust laws or otherwise constitute restraint of trade or price fixing; or

(i) boycott products or services.

YLI may, at its sole option, provide message boards, forums, or other social networking tools on the Site from time to time. The provision of such tools is no guarantee of their continued provision, and YLI makes not guarantee that they will be maintained or that any user-generated content will be retained for any period of time. By providing any user-generated content, You automatically grant YLI a perpetual, royalty-free, fully-paid, non-exclusive, irrevocable, worldwide license to Your user-generated content for use on the Site forever. You are responsible for making sure all information and materials that You originate or require are properly backed up so that You have ready access thereto in the event of loss, corruption or interruption of the Site or the YLI Service.

WARNING: It is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Site and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Site, and that the recipient may use such information to harass or injure You. YLI is not responsible for the use of any information that You may choose to disclose publicly through the Site. Please carefully select the type of information that You post publicly on the Site or release to others. Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by YLI, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. You agree to take normal precautions when meeting individuals in person that You have made contact with through the Site.

D. Privacy

As part of its effort to provide the best possible Content and to increase the value and utility of the YLI Service, YLI may collect information about You. YLI takes the issue of internet privacy very seriously. Use of Your data is governed by the YLI Privacy Policy.

II. Amendment

A. Updates

YLI may, at its sole discretion, update this Agreement from time to time. In that case, YLI shall provide You with notice of the change and with a copy of the Agreement, as amended, at least 30 days’ before changes become effective. If You do not agree to the new terms and conditions, Your sole recourse and remedy will be to cease use of the Site and the YLI Service. Your use of the Site or the YLI Service after the date that the changes becomes effective shall constitute Your acceptance of this Agreement, as modified.

B. Entire Agreement

This Agreement is the entire agreement between You and YLI, and may not be modified except in writing signed by YLI. You agree that nobody has any authority, actual or apparent, as an agent of YLI, to modify this Agreement other than in writing.

C. Assignment

YLI may assign, delegate, or transfer its rights and responsibilities under this Agreement. You may not assign, delegate, transfer, license, sub-license, or otherwise convey all or part of Your rights or responsibilities under this Agreement.

D. Reformation

Each term, condition, covenant, provision, or other part of this Agreement is separate, distinct, and severable from every other term, condition, covenant, provision or other part of this Agreement. In the event that any term, condition, covenant, provision or other part of this Agreement is found to be void, voidable, unenforceable, or otherwise ineffective, the same shall be reformed to substantially effect the parties’ intents as closely as possible, and shall have no effect on any other term, condition, covenant, provision, or other part of this Agreement.

III. Relationships

A. Third Parties

YLI may provide Content from third parties (“Third Party Content”), including from advertisers, media producers, and others. Unless otherwise specifically noted, YLI has no relation to those third parties whatsoever except for the contractual relationship or relationships under which YLI provides the Third Party Content. YLI accepts no responsibility whatsoever for the Third Party Content, including for its accuracy, suitability, legality, or propriety.

Neither You nor YLI enter into this Agreement on behalf of or for the benefit of any third party, and no third-party beneficiaries are intended.

B. Between YLI and You

This Agreement does not create an agency, partnership, joint venture, or any other business or legal relationship between You and YLI except as unaffiliated contracting parties.

The Website and the Service are provided FOR ENTERTAINMENT PURPOSES ONLY, and are not a substitute for or supplement to your own exercise of due care. YLI makes no warranties or representations about the quality or consistency of any data. You agree to verify for yourself any data or information provided by YLI. YOU EXPRESSLY ASSUME THE RISK THAT DATA, TRACKING, OR INFORMATION PROVIDED OR RETRIEVED BY YLI OR THROUGH YOOLOTTO IS INCORRECT. The terms of this section supplement and do not supersede the other limitations in this article.

IV. Intellectual Property

A. Copyright

The Site includes Content that is protected by the United States copyright laws and international treaties. Any portion of the Site that includes the © symbol or the word “copyright” or an abbreviation thereof followed by the name “YLI LLC” or any variation thereof is owned and copyrighted by YLI. You have no license to use, view, access, copy, or otherwise exploit such Content except as expressly granted by this Agreement.

All other copyrighted material is the property of its respective owners. YLI respects the copyrights of third parties and does not condone or encourage the violation of the same.

Pursuant to the Digital Millennium Copyright Act (DMCA) YLI has registered an agent to receive copyright claims (“Designated Agent”). You may notify YLI of alleged intellectual property rights infringement by contacting our Designated Agent at:

E-Squared Tech, Inc.

Attn: DMCA

3699 McKinney Ave Suite 222

Dallas, TX 75204

Please be aware that, in order to be effective, Your notice of claim must comply with the detailed requirements set for the in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending Your claim.

Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

B. Trademarks

You may find both YLI trademarks and third-party trademarks on or in relation to the Site. The presence of a third-party trademark does not imply that YLI is affiliated with the owner of the trademark. YLI does not grant You any license or permission to use its own or third parties’ trademarks.

C. Patents

Certain aspects of the YLI Service, the Site, the Content, or other related items may be covered by U.S. and international patents and pending patents (collectively, “Patents”). YLI does not grant to You or imply a license to any of the Patents, except to the extent necessary to permit You to interact with the Site and the YLI Service according to the terms of this Agreement.

V. Termination

A. Automatic Termination

You agree that all of the terms and conditions of this Agreement are material to this Agreement, and that Your breach or threatened breach of any part of this Agreement or failure to abide by any term of this Agreement will cause YLI immediate and irreparable harm. Any such breach or failure will immediately and automatically terminate this Agreement.

B. Termination by Notice

Either party may terminate this Agreement at any time, for any reason or no reason, by sending notice of the termination to the other party. Any notice of termination shall be effective immediately when delivered.

C. Effect of Termination

You agree that upon any termination of this Agreement, You no longer have any license whatsoever to view, use, copy, or otherwise access the Site, Content, or the YLI Service. You agree that, immediately upon termination, any viewing, using, copying, or otherwise accessing the Site, Content, or YLI Service shall not be a mere breach of contract, but shall constitute a violation of the copyright in the Site, Content, and/or YLI Service.

VI. Warranty Provisions

A. Acceptance

You warrant and represent that You are legally competent to enter into this Agreement. You warrant and represent that You have read this Agreement in its entirety, that You have had adequate opportunity to consult with legal counsel of Your own choosing, that if You have not consulted with legal counsel that You have decided consciously and voluntarily not to consult counsel, and that You are or were of right mind when You do or did accept this Agreement. You further warrant and represent that You enter into this Agreement without duress, coercion, or undue influence, and that there has been no unconscionable conduct on the part of either party. You agree that the terms and conditions of this Agreement are reasonable and freely bargained for, and You waive any argument that any term or condition of this Agreement is unconscionable.

The terms of this section survive termination of this Agreement.

B. Warranty Disclaimers

 You EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOU USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YLI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, YLI’S EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

(b) YLI ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS.

(c) YLI IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.

(d) YLI MAKES NO WARRANTY THAT:

(i) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(ii) THE SITE WILL HAVE ANY PARTICULAR UPTIME OR MEET ANY RELIABILITY MEASURES,

(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR

(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET Your EXPECTATIONS.

(e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICES, SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(f) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YLI OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

The terms of this section survive termination of this Agreement.

C. Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YLI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR ANY AND ALL LOSSES, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(a) THE USE OR THE INABILITY TO USE THE SITE;

(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;

(d) ANY HACKING ATTEMPT THAT MAY LEAD TO THE DATA BEING COMPROMISED;

(e) THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE, INCLUDING WITHOUT LIMITATION INFORMATION RELATED TO SERVICES WITHIN THE APP; OR

(f) ANY OTHER MATTER RELATING TO THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, YLI’s LIABILITY TO YOU SHALL NOT EXCEED $500 IN ANY CASE, WHETHER SOUNDING IN TORT, CONTRACT, OR ANY OTHER THEORY. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST YLI ARISING OUT OF THE USE OF THE SITE OR ARISING UNDER THIS AGREEMENT.

YLI SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS Site.

The terms of this section survive termination of this Agreement.

VII. Survival

Any term of this Agreement that expressly indicates that it will survive the termination of the Agreement, or that by its nature implies that it is intended to or reasonably should survive this Agreement, shall survive the termination of this Agreement by either party.

VIII. Disputes

A. Forum and Venue

YLI’s principal office is in the State of Texas and the Site is controlled by YLI from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing the Site both You and YLI agree that the statutes and laws of the State of Texas, without regard to conflicts of law principles thereof, will apply to all matters relating to use of this Site, Content, the YLI Service, or this Agreement (whether grounded in tort, contract, or any other theory in law or equity). An exception is that YLI has the option to elect to proceed in whole or in part against You in any court of competent jurisdiction in the state in which You are located if YLI decides that doing so will be a more expedient way to resolve a dispute. YLI proceeding in part in a court in Your state does not waive the venue and jurisdictional agreements herein concerning other parts of the dispute or other disputes.

Your actual or threatened breach of any term of this Agreement will cause YLI immediate, great, and irreparable injury without adequate remedy at law. You expressly agree that a prima facie or presumptive initial showing of an actual or threatened breach of this Agreement by You entitles YLI, in addition to YLI’s other remedies and without waiving any of YLI’s rights and without a showing of actual damages, to a temporary or preliminary injunction restraining the violation upon posting a $500 bond, and to a permanent injunction upon the actual or threatened breach being ultimately established.

This contract is fully performable in Dallas County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

The terms of this section survive termination of this Agreement.

B. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS YLI FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF YLI OR THIS AGREEMENT, OR ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.

The terms of this section survive termination of this Agreement.

IX. Notice

A. To You

Certain provisions of this Agreement may permit or require YLI to give notice to You. You will be required to provide a valid and working e-mail address to sign up for the YLI Service or to access certain portions of the Site. You represent and warrant that this e-mail address is valid and that it is one You check regularly. You hereby designate the e-mail address as the address at which You are to receive any notice permitted or required by this Agreement. If you do not provide a valid e-mail address as described in this paragraph, YLI’s duty to provide notice to you, if any, is fulfilled by publishing appropriate notice on the Site. Any such notice will be considered delivered to and received by You immediately upon delivery of an e-mail containing the notice to the e-mail address or publication on the Site, even if You do not receive, check, or read the e-mail or the notice on the Site, the notice is intercepted by a spam filter or other similar program, or YLI receives a message indicating that the transmission failed or that the e-mail address is invalid or no longer operational. It is Your responsibility to ensure that You receive notices.

B. To YLI

Certain provisions of this Agreement may permit or require You to give notice to YLI. Such notices may be provided via e-mail to info@yoolotto.com except where a specific provision states otherwise, or via regular mail. An e-mail message will be considered delivered only if sent to the address above and only if the subject line contains the text “[YLI LEGAL]” exactly as shown within the foregoing quote marks. A regular mail message will be considered delivered when actually received at the following address:

E-Squared Tech, Inc.

Attn: DMCA

3699 Mckinney Ave Suite 222

Dallas, TX 75204

X. Effective Date

This Agreement is effective when accepted by and only upon the acceptance of YLI. YLI manifests its acceptance by providing You with a user account or by continuing to provide You with the Site or Service.