Terms of use


Lucky Ant Inc.Terms and Conditions of Use

Last Updated January 1st, 2013


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES OFFERED BY LUCKY ANT, INC. ("LUCKY ANT’" or “WE”), ANEW YORKCORPORATION. THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF LUCKYANT.COM (THE “WEBSITE”)AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY LUCKY ANT (COLLECTIVELY WITH THE WEBSITE, THE "SERVICE").

Where appropriate, the term “Lucky Ant” refers both to Lucky Ant and its affiliates. All users of the Service are subject to the following terms and conditions of use (these “Terms”).

Whether you are a Merchant or a Funder, these Terms apply to you. Therefore, Merchants and Funders are referred to as “you” or “User” hereafter. Where the Terms are only applicable to one subset of Users or the other, We have so indicated.

1. How it Works

The Lucky AntService enables users (“Funders”) to pledge money to businesses (“Merchants”) so that they can fulfill a project (“Project”). Each Funder will be offered the chance to pledge $5, $25, $50, $100, or $500. In exchange, merchants provide incentives (“Rewards”) in the form of products, merchandise, or services, which are defined for each project and for each pledge amount. When Funders agree to fund a projectpromoted on Lucky Ant, the Merchant is bound to issue the related reward. Lucky Ant oversees collection of payment on behalf of the Merchant from the Funder. Upon confirmation of payment, the Company, again on behalf of the Merchant, issues the Funder a certificate (each, a “Voucher”) redeemable for the applicable service or good.

2. Services

2.1. Please read these Terms carefully before accessing or using any part of the Service. By accessing or using the Service, you agree that you have read, understood and agreed to be bound by these Terms, as amended from time to time, as well as the Lucky Ant Privacy Policy, which is hereby incorporated into these Terms. If you do not wish to agree to these Terms, do not access or use any part of this Service.

2.2. Lucky Ant may revise and update these Terms at any time without notice by posting the amended terms to this Service. Your continued use of this Service means that you accept and agree to the revised Terms. If you disagree with the Terms (as amended from time to time) or are dissatisfied with this Service, your sole and exclusive remedy is to discontinue using this Service. It is your responsibility to regularly check this Service to determine if there have been changes to these Terms and to review such changes. As a sole exception to this, for any Merchant where We have countersigned an Project Specification, the Terms will not be deemed changed as to that Project.

3. Terms for Funders; Terms of Funding

3.1. Each Rewardprovided by the Service contains certain conditions and limitations, such as geographic, redemption date(i.e. “blackout dates”) or expiration date limitations. Funder must read and understand thespecific terms of any Project before committing to participate in such Project. Lucky Ant will use reasonable efforts to let you know about any limitations on Rewardswhen We post the Project by including such limitations in the project details page of the Service. You may not redeem any Reward in violation of the restrictions governing the Rewardand no refunds shall be made to you in the event that you violate such restrictions.

3.2. Lucky Ant does not knowingly collect any information from persons under the age of 13. If We determine that someone under the age of 13 has uploaded any content to the Service, it will be removed. If you are between the ages of 13 and 18, please ask your parent’s permission before using the Service. Some Projects may be subject to further age limitations.

3.3. Unless expressly stated otherwise in aProject Description, Rewards are not redeemable in partial amounts. To the extent allowed by applicable law, Rewards may not be resold or otherwise transferred by Users. Users finding projects for the purpose of reselling rewards will have their accounts frozen and may be banned from participating in future Projects.Each Rewardis redeemable once unless otherwise stated. You are responsible for keeping your Vouchersecure. Neither the Merchant nor Lucky Ant will be liable if your Voucher is lost or stolen.

3.4. State or federal laws may prohibit a Merchantfrom setting an expiration dateagainst aReward. To the extent that the laws of a jurisdiction limit the foregoing, the terms of any Rewards offered in such jurisdictionwill be limited to the maximum extent permitted by applicable law, but no more.

3.5. In addition to any applicable provisions described in the Merchant Agreement, after the expiration date of the Reward, Merchant shall, if, and for the amount of time required by, applicable law continue to allow unredeemed Rewards to be redeemed for the product or service specified on the Project Description.

3.6. Lucky Ant is an intermediary and limited agent of the Merchant, solely for the purposes of (i) acceptingProjects for publication through the Service, (ii) collecting payment on behalf of Merchant and (iii) issuing Vouchers to Funders. Once Lucky Ant has processed payment, all further communications and transactions must be made between the Funder and the Merchant. In the event that the Merchant refuses to honor aReward or does not provide the goods and services outlined in the Project Description consistent with the Funder’s expectations, We will use reasonable efforts to assist the Funder in dealing with the Merchant. You understand that We do not operate or control the goods or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service related to the goods and services they offer. We are not a party to the transactions entered into between You and Merchants. Merchants and other advertisers are also responsible for ensuring that advertisements and other materials submitted for inclusion on the Service are accurate and comply with applicable laws.

3.7. Lucky Ant may restrict, suspend, deny or terminate access to all or part of theService by any Funder and deny access to any Funder in its sole discretion at any time, and without notice, if We deem that you have violated these Terms, or for any other reason.Lucky Ant assumes no liability for any such actions under this section.

3.8. The redemption ofRewards for alcoholic beverages is solely in the discretion of the applicableMerchant and may be done so only in compliance with applicable law. Rewardsthat may be redeemed with Merchants who sell alcoholic beverages may be subject to statutory limitations on the amount of the Reward value that may be redeemed for alcoholic beverages.

3.9. Rewardsmay not be combined with any otheroffers purchased from Lucky Ant, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.

3.10. Funder understands that there is an inherent risk in funding a Merchant. While Lucky Ant will attempt to assess financial stability of Merchants prior to featuring their projects on the Service, Lucky Ant may not be held liable for unredeemed rewards in the event that a Merchant goes out of business. Any Funds transferred to the Merchant will be deemed lost and unsalvageable.

3.11. Lucky Ant does not sell products; it offers an opportunity to fund projects. As such Lucky Ant will issue no refunds.

4. MerchantCommission Fee

We charge Merchants a commission fee (the “Commission Fee”)for providing advertising, sales, processing and administrative services in the course of funding a Project on behalf of Merchant. Unless otherwise specified, theCommission Fee shall be non-refundable and shall be automatically deducted from the proceeds of the Offer before Lucky Antremits such proceeds to the Merchant.

5. User Accounts and Security

5.1. In order to use or access the Service, you may be required to provide personal information (such as identification or contact information) as part of the registration process, or as part of your continued use of the Service. You agree that any registration information you give to Lucky Ant will be accurate, correct and up to date. Please refer to our Privacy Policy for information regarding our collection and use of your personal information.

5.2. Accounts on this Service are protected by a username and password. You are fully responsible for all activities conducted through your account. You are responsible for maintaining the confidentiality of your username and password and for any use of your username or password to gain access to your account and your account information. If you disclose your username or password to any other person, it is at your own risk.

5.3. Connecting by using any third party credentials, such as Facebook or Twitter, will enable Lucky Ant to access information as well as in some cases post to a social network feed on behalf of the Purchaser. These connections are subject to the rules, user agreements and acceptable use policies of such social networks, as the case may be. A Funder can revoke its connection to Lucky Antat any time by logging in to the respective social network and disallowing it to communicate with Lucky Ant.

5.4. Lucky Ant will generally communicate with its Users by electronic means, such as email or through the Website. As a User, you give consent that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.

6. User Conduct

You agree to use this Service only for lawful purposes:

6.1. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through this Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.

6.2. You specifically agree not to upload, post, transmit, share, store or otherwise make available on this Service:

6.3. You further specifically agree not to do any of the following:

6.4. The Service allows Users to post comments regarding, questions for, and submit ratings on Merchants. These comments and ratings are publically accessible. Lucky Ant may delete comments or ratings at its sole discretion, including if alerted by a Merchant that such content is false, misleading or irrelevant.

6.5. Additionally, you specifically agree not to send chain, commercial, promotional, bulk or junk communications to other Service users through the unauthorized use of this Service.

6.6. Your failure to comply with the provisions of this Section 6 above may result in the suspension or termination of your access to this Service and may expose you to civil and/or criminal liability.

7. Links to Third Party Websites and Applications

This Servicemay contain links to websites or other applications on the Internet. Lucky Ant is not responsible for and does not endorse the content, products, services or practices of any third-party websites or applications, including, without limitation, websites or applications framed within this Service or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party websites or applications is at your own risk. If you decide to leave this Service and access third-party websites or to use or install any third-party applications, software or content, you do so at your own risk and you should be aware that these Terms and Lucky Ants other policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from this Service or relating to any applications you use or install from any third-party websites.

8. Intellectual Property

8.1. The entire contents of this Service (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Lucky Ant or its affiliates or licensors and are protected by U.S. and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on this Service for personal use or legitimate business purposes. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Service without the prior written consent of Lucky Ant, except to: (i) store copies of such materials temporarily in RAM, (ii) store files that are automatically cached by your web browser for display enhancement purposes, and (iii) print a reasonable number of pages of this Service; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. You may not disassemble, reverse engineer or otherwise attempt to discover any code contained in this Service. Neither the title nor any intellectual property rights to any information or material on this Service are transferred to you, but remain with Lucky Ant or the applicable owner of such content. Except as expressly authorized by Lucky Ant in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of this Service, (ii) access to this Service, or (iii) use of this Service or materials available through this Service.

8.2. Lucky Ant’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Lucky Ant and/or its affiliates. You may not use such marks without the prior written permission of Lucky Ant. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.

9. Information We May Share

9.1. You acknowledge and understand that the character of certain information you provide to this Service, in the course of using this Service, is such that it is intended to be disclosed in a variety of ways by this Service, and consequently such information will be treated as non-confidential. Other information, such as credit card information provided in connection with the funding of a Project, is stored with customary and appropriate privacy and security protections. You agree that information provided to the Service in connection with the funding a Project, other than your credit card information, may be disclosed by the Service to the Merchant for their commercial purposes including to anticipate demand for,provide, the Rewards. Merchant is responsible for use of this information and agrees not to use email communications with funders excessively and to abide by all stipulations of the CAN-SPAN Act of 2003.

9.2. Lucky Ant welcomes your comments. All comments, suggestions, questions, ideas, or other information sent by you to the Service for internal use by Lucky Ant or its advertisers or business partners in response to solicitations on the Service (your “Comments”) will become Lucky Ants property and you agree that all intellectual property rights therein are transferred to Lucky Ant. Lucky Ant thus shall be entitled to the unrestricted use and dissemination of your Comments for any purposes, commercial or otherwise, without acknowledgment or compensation to you. You further understand that any postings, or content submitted for posting, to publicly available portions of the Service are non‑confidential for all purposes.

10. Limited Warranty

THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE SERVICE, ALL CONTENT, AND THE PROJECTS AND REWARDS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS,WITH ALL FAULTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LUCKY ANT AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) WITH RESPECT TO: (I) THE SERVICE; (II) THE PROJECTS OR REWARDS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE; (IV) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY PARTY; (V) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL, OR DATA TRANSMITTED BY USERS TO THE SERVICE; OR (VI) THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED WEBSITE. LUCKY ANT DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LUCKY ANT DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, LUCKY ANT SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. BY USING THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE, OR THE OFFERS AND DEALS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE. FURTHER, LUCKY ANT AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AS WELL AS IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE, THE DISCLAIMER WILL NOT APPLY TO THE EXTENT LIMITED BY THE APPLICABLE LAW OF SUCH JURISDICTION.

11. Limitation of Liability

WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF SERVICE, LUCKY ANT FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICE AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL LUCKY ANT, ITS SUBSIDIARIES OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “LUCKY ANT ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY INDIRECT LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (I) THE SERVICE OR ANY DEAL; (II) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF ANY THIRD PARTY PRODUCTS OR SERVICES; (III) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY; (IV) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SERVICE, EVEN IF FORESEEABLE OR EVEN IF ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY. IN ADDITION, LUCKY ANTS LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CLAIM RELATED TO ANY OF THE FOREGOING SHALL BE CAPPED AT THE AMOUNT WHICH YOU HAVE ACTUALLY PAID TO LUCKY ANT IN CONJUNCTION WITH THE DEAL UNDER WHICH SUCH CLAIM FIRST AROSE. NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES LUCKY ANTS LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (II) THE TORT OF DECEIT; OR (C) ANY LIABILITY TO THE EXTENT IT CANNOT BE LIMITED OR EXCLUDED BY LAW. LUCKY ANT ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE. YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF LUCKY ANTS ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SERVICE.

12. Indemnification

You agree to indemnify and hold harmless Lucky Ant and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in this Service or the delivery of products, services or information over this Service, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from or related to (i) any violation by you of these Terms, (ii) your use of this Service or any products, services or information obtained from this Service; (iii) any content that you upload, post, transmit, share, store or otherwise make available on this Service, whether the content was created by you or created by a third party, (iv) your conduct in connection with this Service or in connection with other users of this Service; or (v) any violation of any law or the rights of any third party.

13. Survival

The provisions of Sections8, 9, 10, 12, 15 and Sub Section 2.2 will survive termination of this Agreement.

14. Miscellaneous

14.1. These Terms shall be governed in all respects by and construed in accordance with the laws of the New York, USA, without regard to its conflicts of law principles. With respect to any disputes or claims, you acknowledge and understand that exclusive jurisdiction over any cause of action arising out of these Terms or your use of this Service shall be in the state or federal courts located in or near the New York, New York. You agree to submit to the jurisdiction of such courts, and you hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the state and federal courts located in or near the New York, New York.

14.2. The owner of this Service is based in New York. Lucky Ant makes no representation that materials on this Service are appropriate or available for use in other locations. If you access this Service from other locations, you are responsible for complying with local laws.

14.3. Any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Service are incorporated by this reference into these Terms for all purposes.

14.4. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Service.

14.5. These Terms, the Privacy Policy and, solely with respect to Merchants, the executed ProjectSpecification, as they may be amended from time to time, completely and exclusively state the agreement between you and Lucky Ant with respect to this Service, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to this Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

14.6. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect. These Terms will not be construed against Lucky Ant by virtue of having drafted them.

14.7. If any part of these Terms is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms shall remain in full force and effect.

14.8. Lucky Ant’s failure to insist upon or enforce strict performance of any provision of these Terms shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Lucky Ant nor any trade practices shall be deemed to modify these Terms.

14.9. Nothing in these Terms are intended to confer on any third party (whether referred to in the Terms by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms. This means that Funders may not sue Merchants directly for breach of these Terms and vice versa.

15. Copyright Complaints

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such intellectual property rights. Under Lucky Ant’s policy, your access to this Service may be terminated if you infringe the intellectual property rights of others and will be terminated for repeated infringement.

If you believe that your work has been copied and posted on this Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and a description of where it is located on thisService; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Lucky Ants Copyright Agent for notice of claims of copyright infringement can be reached as follows: Lucky Ant Inc. Attn: Chief Content Officer 195 Chrystie Street, Suite 601E New York, NY 10002, Attn: Legal Department or by email at jonathan@luckyant.com.