Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY BEFORE REGISTERING TO USE MYLUCKCLUB AS A CUSTOMER.  YOUR REGISTRATION INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER TO USE MYLUCKCLUB.

These Terms and Conditions constitute the entire agreement (the "Agreement") between you ("you" or “Customer”) and MyLuckClub, LLC (“MyLuckClub”) for the use of the myluckclub.com website (the “Website”). The service provided by the Website (the “Service”) is provided to you in accordance with this Agreement and any other applicable rules and policies set forth on the Website. You may review this Agreement at any time by clicking on the [Terms of Use] link at the bottom of any page. MyLuckClub reserves the right to make changes to its Website, this Agreement, or the policies incorporated herein by reference, with or without notice. Therefore, it is recommended that you regularly visit this page and familiarize yourself with the latest version of this Agreement. Your continued use of our Website will signify your acceptance of any revised terms of this Agreement.

1. The Service. The Service allows you to trade, buy and sell goods and services. You are solely responsible for all of the content you create and post on the Website, including, but not limited to the creation, renewal, updating, deletion, editorial content, control and all other aspects of any files, software, scripts, images, graphics, audio, video, text, data, music, sound, photographs, or other objects, information, messages or other materials communicated, submitted or transmitted by you or through the Service (collectively, the “Customer Content”). By using the Service, you grant MyLuckClub the right to reproduce, publish, display and distribute the Customer Content on the Website. MyLuckClub reserves the right to reject or remove any Customer Content at any time, where it has reasonable ground to believe that it does not comply with the terms of this Agreement or any applicable legislation or regulation, or that your identification data are not true or accurate or are being pirated. Trading, buying and selling through MyLuckClub is available only to individuals [residing in the United States and Canada] who can form legally binding contracts under applicable law. This excludes in all cases minors (people under the age of majority in their state or province of residence).

2. Customer Registration and Account. For the purpose of using the Service, you have to register yourself on the Website and create an individual account including a login and a password. You warrant that all information you have provided in your account is current, complete and accurate. Registration data and other information about you are subject to MyLuckClub’s [Privacy Policy] available on the Website. You are solely responsible for the use of your login and password. You agree to keep your login information and password private and to notify MyLuckClub at once of any unauthorized account activity you may be aware of. The Service is a single user service, multiple logins and passwords are not permitted. MyLuckClub recommends that you keep track of your activity on the Website as MyLuckClub reserves the right to deactivate your account as outlined in this Agreement. You acknowledge that you are responsible for your account and all activities occurring in connection with the use of your account, whether or not you have authorized such activities.

3. Venue Only. MyLuckClub is not involved in any transaction between any parties who use the Services. There are risks which You assume when dealing with people who might be acting under false pretenses. You agree that all of these risks are borne by You, and not MyLuckClub. MyLuckClub does not control the behavior of the participants on the Website. MyLuckClub is not responsible for user information on the Website that you find offensive, harmful, inaccurate or deceptive. MyLuckClub does not guarantee the accuracy of information provided by users and made available through the Website. Please use caution and common sense when using the Website.

4. Prohibited Uses. Customer hereby agrees not to access and/or use the Service: (i) to send any unsolicited email or any commercial message or invitation; (ii) to buy, trade, sell or distribute firearms, weapons, other controlled substances or to make fraudulent or criminal offers (iii) to request, collect, store and/or disclose personally identifiable data from other users or to violate any applicable privacy law; (iv) to communicate any message or material that is deemed harmful, abusive, harassing, threatening, indecent, obscene, defamatory, racially, ethnically or otherwise objectionable, hateful, tortuous, libelous, defamatory, slanderous or otherwise unlawful or offensive; (v) in a manner which infringes any patent, trademark, copyright or other intellectual property rights of any third party; (vi) in a manner which violates any applicable laws, rules and regulations, including any export control laws; or (vii) in a manner which constitutes or encourages conduct that could be a criminal or civil offense under any applicable law or regulation. You agree that you will not use any information you learn about any other user of the Website for any purpose other than necessary to complete a desired transaction. Although MyLuckClub is not responsible for any such content or communications, MyLuckClub reserves the right to take any action it deems necessary or appropriate in its sole discretion, with respect to any such content or communications of which MyLuckClub may become aware, at any time and without notice to Customer. Customer further acknowledges and agrees as follows:

a. MyLuckClub does not control the Customer Content and makes no representation or warranty regarding its accuracy, integrity or quality.

b. Customer may not modify, edit, copy, reproduce, create derivative works of, enhance, reverse engineer, decompile, alter, duplicate or otherwise attempt to decipher any code in connection with the Service or any other aspect of MyLuckClub’s technology.

c. Customer shall not upload, post, email, distribute, communicate, transmit, or otherwise make available any viruses or similar malicious software that may damage the operation of a computer or the Service.

d. Customer shall not use the Service to send or post materials directed to individuals under the age of majority in his or her place of residence (“Minors”), or to harm Minors in any way, and shall not send or post other materials to Minors that would subject MyLuckClub to any local or international law, rule or regulation (including industry regulations) governing children's privacy or otherwise related to protecting Minors. This includes, in particular, anything related to sexuality, drug use, etc.

e. Customer shall not use the Service to make any statements, offers or representations that are illegal or misleading or which would in any manner adversely impact upon the reputation or goodwill of MyLuckClub.

f. Customer may not assign, transfer resell, distribute or otherwise use the Service except as agreed herein.

g. Customer shall not access and/or use the Service in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Service or any networks or security systems of MyLuckClub.

You acknowledge and agree that any violation of any of the foregoing will constitute a material breach of this Agreement. In such event, MyLuckClub may, in addition to any and all applicable legal and equitable remedies against you, (i) disable your account and your access to the Website and the Service hereunder; and (ii) recover from you any losses damages, costs or expenses incurred by MyLuckClub resulting from or arising out of your non-compliance. You further acknowledge and agree that MyLuckClub may cooperate with any governmental authority in connection with any investigation into your use of the Service, including use in contravention of applicable laws, and may, in accordance with applicable laws, disclose any Customer Content, and any other information pertaining to you or to your use of the Service, to such governmental authority in connection with any such investigation.

5. Intellectual Property Rights. As between Customer and MyLuckClub, Customer shall own all right, title and interest in and to any Customer Content. You grant to My Luck Club a limited, non-exclusive, royalty-free license to host the Customer Content solely for all reasonable and necessary purposes contemplated by this Agreement. This Agreement does not transfer or convey to MyLuckClub or any third party any right, title or interest in or to the Customer Content or any associated intellectual property rights, but only a limited right of use revocable in accordance with this Agreement. MyLuckClub, its affiliates and/or their licensors shall remain the sole and exclusive owners of all intellectual property rights, including without limitation all patents, trademarks, service marks, copyright, database, software, and know how in and to the Website, the Service and any content therein (the “Materials”). You will not acquire any right, title, or interest in or to the Materials except as expressly set forth in this Agreement. MyLuckClub grants you a personal, non-exclusive, non-transferable and revocable right to use the Materials for the sole purpose of using the Service in accordance with the terms of this Agreement. The Materials may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of MyLuckClub or its licensors.

6. Making/Accepting an Offer. If you make an offer and the offer is accepted, the Luck Seeker™ and the Luck Maker™ are obligated to complete the transaction unless: (i) the transaction is prohibited by law or this Agreement; (ii) the seller materially changes the item's description or the item does not conform to the seller's description; or (iii) a typographical error exists in the offer posting. An offer may be retracted at any time prior to acceptance for any reason. If there is a dispute between a Luck Seeker™ and a Luck Maker™, MyLuckClub is under no obligation to become involved and You hereby release MyLuckClub its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. If you are a California resident, you waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

7. DISCLAIMER OF WARRANTIES. TO THE FULL EXTENT PERMITTED BY LAW, MYLUCKCLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, AVAILABILITY, TIMELINESS, QUALITY, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU AGREE AND ACKNOWLEDGE THAT THE WEBSITE AND THE SERVICE ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," AND "WITH ALL FAULTS". OTHER THAN AS SPECIFICALLY SET FORTH HEREIN MYLUCKCLUB MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES MYLUCKCLUB MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF THE SERVICE IS DONE AT THE SOLE RISK OF CUSTOMER AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM MYLUCKCLUB OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.

8. LIMITATION ON LIABILITY. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYLUCKCLUB BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES RELATED TO THIS AGREEMENT, THE WEBSITE OR THE SERVICE (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY, LOST PROFITS, COSTS OF RECOVERY OR ANY OTHER DAMAGES), HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT MYLUCKCLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Applicable law and jurisdiction. Connecticut law shall govern this Agreement. Any dispute or claim arising out of or in connection with this Agreement shall be settled by the courts of Connecticut.