Terms of Service
The gist:
We (the folks at Hudson Alley Software, Inc.) run a site called LotteryAnswers.com, which is an invitation-only, members-only, question and answer site for employees of government operated lotteries. The service is provided free to members. While our service is intended to be private, you are solely responsible for the content that you post, so please be sure not to submit confidential information, or information that may be harmful to you or others, if it became public. In addition, members of the service may not reproduce, using any method, any content that has been submitted by other members.
Terms of Service:
The following terms and conditions govern all use of the LotteryAnswers.com website and all content, services and products available at or through the website. The Website is owned and operated by Hudson Alley Software, Inc. (“HAS”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Website’s Privacy Policy and procedures that may be published from time to time on this Website by HAS (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by HAS, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old and are currently employed at a government operated lottery that HAS has elected to grant access to.
  1. Responsibility of Contributors. If you add any Questions or Answers to the Website, vote or “like” any content on the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  2. By submitting Content to HAS for inclusion on the Website, you grant HAS a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, HAS will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, HAS has the right (though not the obligation) to, in HAS’ sole discretion (i) refuse or remove any content that, in HAS’ reasonable opinion, violates any HAS policy or is in any way harmful or objectionable, (ii) modify any content that, in HAS’ reasonable opinion, violates any HAS policy or is in any way harmful or objectionable, (iii) modify any content with the intent of adding clarity, or (iv) terminate or deny access to and use of the Website to any individual or entity for any reason, in HAS’ sole discretion.
  3. Responsibility of Website Visitors. HAS has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, HAS does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. HAS disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  4. Copyright Infringement and DMCA Policy. As HAS asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by LotteryAnswers.com violates your copyright, you are encouraged to notify HAS. HAS will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. HAS will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of HAS or others.
  5. Intellectual Property. This Agreement does not transfer from HAS to you any HAS or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with HAS. Hudson Alley Software, Lottery Answers, the Hudson Alley Software logo, the Lottery Answers logo, and all other trademarks, service marks, graphics and logos used in connection with LotteryAnswers.com, or the Website are trademarks or registered trademarks of HAS or HAS’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any HAS or third-party trademarks.
  6. Changes. HAS reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. HAS may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  7. Termination. HAS may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your LotteryAnswers.com account (if you have one), you may simply discontinue using the Website. HAS can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  8. Disclaimer of Warranties. The Website is provided “as is”. HAS and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HAS nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  9. Limitation of Liability. In no event will HAS, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to HAS under this agreement during the twelve (12) month period prior to the cause of action. HAS shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the HAS Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  11. Indemnification. You agree to indemnify and hold harmless HAS, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  12. Miscellaneous. This Agreement constitutes the entire agreement between HAS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of HAS, or by the posting by HAS of a revised version. Any claim or controversy in connection with or arising from this agreement shall be brought before and adjudicated by only a court located in the State of New York and County of New York. The parties consent and submit to the full and complete jurisdiction of any such court.