The Terms of Service (“Agreement”) are a legal agreement between you (referred to herein as “you” or “your”) and Brain Contents Inc (“we”, “our”, or “us”) for access to and use of our application (the “Application”) and other related software, interactive features or downloads operated by us and that are available through the Application (whether accessed directly or through any software application) (collectively, the “Service”). If you do not reside in the United States, if you reside in the US States of Alabama, Alaska, Hawaii, Mississippi, Nevada, or Utah, or if you are not the age of majority to participate in the state lottery in your US state of residence, you are not eligible to use the Service. If you use the Service in the US States of Alabama, Alaska, Hawaii, Mississippi, Nevada, or Utah, or under the age of majority to participate in the state lottery in your US state of residence, we will terminate your Account and prohibit your further use of the Service. By accessing or using the Service you agree to be bound by the terms and conditions of this Agreement and declare that you have read and accepted our Privacy Policy located at http://www.lottopia.win/community/notice_list#pop_privacypolicy (“Privacy Policy”), whether or not you are a registered user of our Service. Your continued use of the Service following the posting of any changes to this Agreement will indicate acceptance and agreement by you of such changes. If any of the terms, or any amended terms in the future, are unacceptable to you, do not use the Service.
You represent, warrant, and agree that you will not:
You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement.
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in New York, NY.
If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
Brain Contents Inc (“we,” “us,” or “our”) respects the privacy rights of its users and is committed to being transparent with how we use personal information. We receive information from users through our services, which include:
When you interact with our Services, we collect and handle personal information and non-personal information as described in this Privacy Policy.
Personal Information. We may collect Personal Information that you willingly provide to us or to others through the use of our Services, such as your name, email address, or your payment information (as applicable). Non-Personal Information. We may also collect non-personal information from you, such as your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address, as well as in-app non-personal Information, such as your click pattern, the menus you open, and which features you load.
When You Provide Information to Us. We collect personal information from you when you provide it to us upon registration with our Service or when you purchase and/ or use features of our Services. Upon registration we will collect your email address, your first and last name, your middle name initial, the state of your residency, your cell phone number, and your Facebook and Google account user token (if applicable). Upon in-app purchase we will collect your payment information. If you use in-app features of our Services, we will collect the information you upload and share with us, such as an image file of the lotto ticket that you purchased. Communications With Us. If you communicate with us regarding our Services (e.g. for support or troubleshooting), we will collect any information that you provide to us in any such communication including your contact details and the content of your communication. The information we collect includes everything you choose to share with us, such as screenshots, data files associated with your use of the Services (including simulation files), photos you send us, written testimonials, error or crash reports and technical information about your system. Passive Information Collection. We may automatically collect certain data in order to track your use of our Services, provide you with a more personalized user experience, and to allow you to login and use our Services automatically when you access these. We may automatically collect: your IP address, MAC address, network configuration information, network device information, browser plug-in types and versions, operating system, and platform. We also may collect information about your download activity, browser activity, and session information (such as clickstream patterns and error or crash reports). Analytic and Reporting Technologies. Like the operators of most Services, we use analytic and reporting technologies and partner with third parties such as Google Analytics to record both personal and non-personal information as described in “Passive Information Collection” above. This data is used to help manage, monitor and optimize our products and services. To do this, we may use cookies. Cookies. A cookie is a small and encrypted file placed on the hard drive of your computer that allows us to retrieve information on your computer about your visit to our Services. We will only store cookies temporarily on your computer for each session that you use our Services. We will also store cookies in our database for one year. Cookies stored on your computer may be an email ID and a unique user tag. Cookies stored in our database may be your email ID, password, phone number, the state of your residency, name (first, last, and middle). Cookies used by us and our online partners are not linked to the personal information we collect. Some of our partners also use cookies in conjunction with the services they have integrated into our site. This Privacy Policy only covers the use of cookies by us and our online partners and does not cover the use of cookies by any other third party or advertiser. You may disable the use of cookies in your browser and continue to use our Services, though certain customization features may be disabled. Signing In via Social Network Accounts. We may allow you to sign in to our Services using a third party account, such as a Facebook or Google account. These third party sign-on features may also enable you to create an account more easily by populating our registration form with the information you previously provided to the social networking site. Typically, the first time you use one of these sign-on services, the social networking site will inform you of the information that will be shared with us. We may use that information for purposes described in this Privacy Policy if permitted by the third party account provider. To learn more about what information the social networking site collects when you use it to sign in to one of our services, please refer to the privacy policy for that third party site.
We use your information for our own internal purposes, such as providing, maintaining, evaluating, and improving our Services for you. We use your personal information for the purpose for which it was collected, and to provide our services, fulfill requests for information, and provide customer support.
Disclosure to Successors. We may disclose your personal information to any successor-in-interest of ours, such as a company that acquires us. In the event that we go through a business transition, such as a merger or acquisition by or with another company, or sale of all or a portion of our assets, your personal information will likely be among the assets transferred. You will be notified via email or by a notice in our Services of any such change in ownership or control of your personal information. Disclosure to Unaffiliated Third Parties. We will not disclose personal information to unaffiliated third parties, but for the event to prevent an emergency, to prevent harm to others, to respond to legal requirements, to protect or enforce our rights and policies, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order). Disclosure to Third Party Service Providers and Online Partners. We may contract with various third parties who help us provide, maintain and improve our Services. For example, we use a third party to process payments made to us, or to perform analytics or other operations. We take commercially reasonable precautions to prevent such third parties from disclosing your personal information. The third parties are bound contractually to only us the information shared with these for the purpose of providing the Services in question. We cannot guarantee that such third parties will not disclose your personal information. Currently, the online partners with whom we share your personal information include:
Each of these partners has its own privacy policy governing their use of personal information, available on their respective websites. We do not share, rent, or trade your personal information with third parties for their promotional purposes.
Security. We take reasonable measures to protect the confidentiality, security, and integrity of the personal information collected. Unfortunately, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted to us through or in connection with our Services, that we store on our systems or that is stored on our service providers' systems. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control. Consent to Transfers. Given the global nature of the internet, please be aware that information we collect, including personal information, will be transferred to, processed and stored in the United States and other countries around the world. Courts, law enforcement, and other authorities in the United States and abroad may be entitled to access your personal information under certain circumstances. By using our Services or providing us with any information, you consent to this transfer, processing and storage of your information in the United States and in other countries around the world, including jurisdictions in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen.
Changes and Access. You may review, update, change, or delete the information you provide us with, through the account management screen in our Services. If you would like to deactivate or terminate your account, you can also contact us by email (listed below). Opting-Out from Receiving Communications. You may opt-out from having your personal information used for certain purposes. For example, when you purchase a feature in our Services, you will be given the opportunity to indicate your communication preferences regarding additional marketing material on our order form. If you no longer wish to receive our newsletters and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at [email protected] If you need assistance you may contact us at [email protected] Retention. We may retain information about you as long as it is necessary for us to fulfill the purposes outlined in this Privacy Policy. In addition, we may retain your information for an additional period as is permitted or required to, among other things, comply with our legal obligations, resolve disputes, and enforce agreements. Where required by applicable law, we shall delete your information when the information is no longer necessary or requested to do so. Even if we delete your information from active databases, the information may remain on backup or archival media as well as other information systems. California Privacy Rights. California Civil Code section 1798.83 permits customers who are California residents to request certain information regarding disclosure within the immediately preceding calendar year of that resident's personal information to third parties and in some cases affiliates for their direct marketing purposes. To make such a request, contact us through the information provided below. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the email address. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personal Information.
Under Thirteen. Our Services are intended for users ages 13 and older only. Accordingly, we will not knowingly collect or use any personal information from children that we know to be under the age of 13. In addition, we will delete any information in our possession that we discover originates from a child under the age of 13. Parental Controls. If you believe that your child’s personal information was mistakenly collected through our services, please contact us immediately at [email protected] and we will work with you to determine if this is the case and remove such information if necessary.
We may make changes to this Privacy Policy from time to time. If so, we will notify you of any material changes by email or posting a notice within our Services. If you receive notification of a change in our Privacy Policy, you must review the new Privacy Policy carefully to make sure you understand our practices and procedures. We raise your attention that you may not be able to receive notices from us, including such of changes to the Privacy Policy, if your cookies are disabled.
For further information on our Privacy Policy, or for questions or requests on information that we may have collected from you, please review our FAQ at http://www.lottopia.win/community/faq or contact us at: Brain Contents Inc 11371 New England Place Gold River, CA 95670 [email protected] Last updated: April 2018
TERMS & CONDITIONS OF USE