Terms of Use

Last updated: January 1, 2024

Welcome to LuckInTheAir.com. These Terms of Use (“Terms”) govern your access to and use of the LuckInTheAir website and services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use LuckInTheAir.

Eligibility

You must be at least 13 years of age to use LuckInTheAir. If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. By using LuckInTheAir, you represent and warrant that you meet these eligibility requirements and that all registration information you submit is accurate and truthful.

Description of Service

LuckInTheAir provides a free online platform where users can discover and play browser-based games. Games are hosted by third-party developers and loaded via embedded frames. LuckInTheAir curates, categorises, and presents these games but does not develop or own all games on the platform. The Service is provided “as is” and we make no guarantees regarding availability, performance, or compatibility with all devices and browsers.

User Accounts

Creating an account on LuckInTheAir is optional but provides additional features such as saving favourite games and participating in leaderboards. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.

Acceptable Use

When using LuckInTheAir, you agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorised access to any part of the Service, other accounts, or connected systems
• Use automated tools (bots, scrapers, crawlers) to access or collect data from the Service without permission
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Harass, abuse, threaten, or intimidate other users or game developers
• Upload, transmit, or distribute viruses, malware, or other harmful code
• Circumvent, disable, or interfere with security features of the Service
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Service to send unsolicited commercial messages (spam)

Intellectual Property

The LuckInTheAir name, logo, website design, and original content are owned by LuckInTheAir and protected by copyright, trademark, and other intellectual property laws. Games available on the platform are owned by their respective developers and are subject to their own licences and terms. You may not copy, modify, distribute, sell, or lease any part of the Service or included games without express written permission from the rights holder.

Third-Party Content

LuckInTheAir hosts and links to games and content provided by third parties. We do not endorse, control, or assume responsibility for third-party content, privacy practices, or terms of service. Your use of third-party games is at your own risk and subject to the terms and policies of the respective developers. Embedded games may collect their own data and display their own advertisements.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LUCKINTHEAIR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUCKINTHEAIR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100).

Indemnification

You agree to indemnify, defend, and hold harmless LuckInTheAir and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of a third party.

Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will post the updated Terms on this page and update the “Last updated” date. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitations of liability, and indemnification.

Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.

Contact Us

If you have questions about these Terms of Use, please contact us at legal@luckintheair.com or through our Contact page.