PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: September 21, 2018
Welcome to The Lake. Please read on to learn the rules that our lawyer told us that we had to share with you about your use of any of our games, applications and other stuff that we make available to you (the “Services”). If you have any questions, please send us an e-mail to Support@LakeEffectApplications.com.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you have received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). Or if you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We are not responsible for your using the Services in a way that breaks the law.
- What are the basics of using The Lake
- Will these Terms Ever Change?
- What about my Privacy?
- What are my rights in the Services?
- Do I have to grant any licenses to Lake Effect or to other users?
- Who is responsible for what I see and do on the Services?
- Will Lake Effect ever change the Services?
- What about Support?
- Does this cost me anything?
- What if I want to stop using Lake Effect?
- I use the Lake Effect App available via the Apple App Store – should I know anything about that?
- What else do I need to know?
1. What are the basics of using The Lake?
The Lake is our cross-platform user profile service that allows our users to, among a ton of other cool things, create an account, add friends, find matches to play against other Lake Users, keep track of your game player data, and access various games through The Lake. These Terms govern any game you access through The Lake. To use The Lake, you may be required to sign up for an account, provide us with your e-mail address, and select a password and username (“Lake Effect User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself when you are requesting a Lake Effect User ID. You may not select as your Lake Effect User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person.
Depending on the particular Service offering, you may be able to form a “clan”, “team” or other group with other Lake Users (a “group”). If you choose to do so, you must abide by the rules of common decency and you acknowledge that we can disable your account, in our sole discretion, if you fail to do so. Also, please be advised that you are not allowed to pick a username or group name that belongs to a popular figure or celebrity, copies or is similar to a third party’s trademark, incorporates defamatory, obscene, offensive or racially, sexually, ethnically or otherwise hateful language, or related to sex, drugs and alcohol or criminal activities.
Please note that the use, or suspected use, of any cheats, automation software (e.g. bots, auto players), intentionally delaying or slowing gameplay, hacks, mods, or any manner of tampering with gameplay, including the use of any unauthorized third-party software that could modify, enhance, or integrate with the Service, or mine or collect Service data for any purpose, including, without limitation, gathering in-game currency, performing in-game services in exchange for payment outside of the game (e.g. using bots and/or auto-players), or otherwise, shall result in the termination of your use and access to the Services.
You may not transfer your account to anyone else without our prior written permission. You acknowledge that certain functionalities of our Services and Support depend on the accuracy and types of information you provide us in the process of obtaining a Lake Effect User ID.
You will not share your account or password with anyone, and you must protect the security of your account and your password. Remember that you are exclusively and fully responsible for any activity associated with your account, including the activity of any other user of our Services with a Lake Effect User ID (each a “Lake User”) you share Content with, and that all such activity complies with these Terms.
Of course, you agree that you will provide all of the computer, mobile device, internet and other connection charges, required to access and use the Services at your own expense. Even though we try to accommodate all devices and platforms, we cannot guarantee that our Services will function properly on your equipment or in your geographic location. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- (a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Lake Effect);
- (b) Violates any law or regulation, including any applicable export control laws;
- (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- (d) Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you);
- (e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- (f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
- (g) Runs Mail list, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- (h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- (i) Copies or stores any significant portion of the Content;
- (j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
2. Will these Terms Ever Change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice within the application, by sending you an email if you have provided us with such contact information, and/or by some other means.
If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is made effective, this means that you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
3. What about my Privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under 13, please do not attempt to send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If you believe that a child under 13 has provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at Support@LakeEffectApplications.com.
4. What are my rights in the Services?
All rights and title in and to the Service (including, without limitation, any titles, software code, themes, objects, characters and names, stories, dialogue, phrases, locations, concepts, artwork, sounds, animations, musical compositions, audio-visual effects, your Lake Effect User ID, Rewards, any Content (defined below), recordings of any games played on or within the Services) are owned by us and our licensors, and protected by United States and international laws.
In connection with your use of the Services, you here by grant us a non-exclusive, transferable, sublicensable, royalty-free right, irrevocable right and license to store and use any data, information, media, text, and User Submissions (as defined below) as necessary for us to perform, provide, enhance and improve the Services, any similar offering, and/or provide you with technical support for the Services. To the extent that we have not retained these rights, you further grant us a non-exclusive, irrevocable, worldwide, sublicensable right and license to create, distribute, monetize, and exploit any images, videos, or other User Content that we obtain, record, or otherwise capture from your use of the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Lake Effect’s) rights.
You understand that Lake Effect owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, all the restrictions above still apply. Please also note that certain trademarks that are displayed on or through the Services, for example, the Twitter, Tweet, Retweet and the Twitter logo, are trademarks of Twitter, Inc. or its affiliates.
In addition, certain games accessed through The Lake may include materials such as unlockable content, virtual assets, codes, achievements, rewards, in-game currencies, features and functionalities, that you may “earn” “buy” or “purchase” during the course of your use of our Services (“Rewards”). In such games offering or containing Rewards, you may encounter randomized opportunities to purchase certain Rewards within that game. The chances or odds of encountering the specific or similar Reward item(s) will be disclosed within the game in which the item is encountered. Any in-game currency purchased within a game accessed through The Lake will not expire and may only be used within the game in which the in-game currency is purchased. Any and all purchases of Rewards are final and there will be no refunds granted or provided under any circumstance. Notwithstanding the foregoing, if you are able to obtain a refund by some other means, you agree that we may remove the Reward that you were refunded for from your account.
You acknowledge and agree that you do not gain or otherwise receive any property interest in any Reward, regardless of whether such item, feature or content is purchased or obtained by other means. Such Reward is provided to you purely for entertainment purposes, is non-transferable, and is promotional in nature without any cash value. Rewards may not be sold, bartered, traded, gifted, transferred or assigned without our express prior written consent and any such attempts shall be null and void. In limited circumstance, however, certain games may permit a user to transfer a Reward to another user in exchange for a Reward obtained by such user. Accordingly, you may not sell in-game Rewards for “real” money, or exchange those Rewards for value outside of The Lake.You further acknowledge that our ability to display, engage or otherwise allow you to take advantage of any Reward is contingent upon our ability to validate that such Reward was properly obtained. Indeed, we are granting you a limited license to use such Rewards exclusively within the applicable Service. Your ability to use this license is further conditioned on whether you consume and/or lose such Reward in the course of your gameplay within the Service in accordance with the rules applicable to such Reward, which may vary.
5. Do I have to grant any licenses to Lake Effect or to other users?
For all User Submissions, you hereby grant Lake Effect a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as other devices) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you share a User Submission in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Lake Effect the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
We do not retain your Limited Audience User Submissions that take the form of a private message from one Lake User to another in the ordinary course of providing Services to you. Once your messages are delivered, we take steps to have them deleted. However, such messages may be stored on your own computer system or mobile device. For example, if a message cannot be immediately sent because you do not have sufficient internet connectivity, the message may reside on your device until it is able to be delivered. We intend to provide end-to-end encryption of such messages to protect against an unauthorized third party intercepting and reading your messages, however, this functionality may not yet be available on your computer or mobile device or available in your geographic region.
The Services may allow you to make a list of your contacts, friends or members of any group that you are a member of, which may also be populated based upon the friends that you have identified from within your Game Center account, and members with whom you are actively playing a game via one of our Service offerings (“Contacts”). Please be advised that your ability to send and received Limited Audience User Submissions may be restricted to such Contacts.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view it, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Lake Effect the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Lake Effect users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Lake Effect’s business, for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
Some Services may permit you to share information from your Lake Effect account, including User Submissions, or otherwise connect with certain social media accounts on an as-is and as-available basis. We may not yet have connectivity with a particular social media service Please note that your social media accounts are subject to their own terms and conditions.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your Lake Effect account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Lake Effect’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. Finally, you understand and agree that Lake Effect, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
6. Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We cannot guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Lake Effect has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Lake Effect will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Lake Effect shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Lake Effect is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Lake Effect, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do 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 or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
7. Will Lake Effect ever change the Services?
We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this is not always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice. Services may vary depending on the operating system you use to access The Lake and certain Services may not be available on certain devices.
8. What about Support?
Lake Effect will provide you with support in the event that you need assistance using or accessing the Services, in accordance with its standard practices and protocols. You acknowledge that we may charge you in accordance with our then-current policies for support services. You further agree that while we will try to respond to your support requests and endeavor to resolve these issues, you agree that response times and outcomes will vary depending on several factors.
9. Does this cost me anything?
The Lake Effect Services and games access through The Lake are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Of course, there are certain items or Rewards that you may elect to purchase by or through the Services and games accessed through The Lake, which you may elect to do at your own cost. Particular games accessed through The Lake may offer auto-renewing subscription services and if you choose to subscribe to that game or some feature or benefit provided therein, you will be billed on such frequency and on such terms as disclosed therein. Ongoing value will be provided to you, if you so choose to subscribe, and such value will vary from game to game and may further vary based upon the subscription “plan” or “level” that you choose to purchase. Additionally, tournaments, challenges, competitions and other configurations of competitive play may be offered from time to time in or through the The Lake, and any additional terms, conditions, cost and other relevant details will be disclosed prior to you completing any registration for such event.
10. What if I want to stop using Lake Effect?
Lake Effect is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Lake Effect has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at Support@LakeEffectApplications.com– we will try to help, but unfortunately, we cannot promise that we can recover or restore anything.
Please note that we interpret, and you agree, that if you do not engage with our Services for at least ninety (90) days to have terminated their account. As a courtesy, we may attempt to contact you regarding an impending deletion and removal of your Content; provided that you have given us sufficient information to contact you.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
11. I use the Lake Effect App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including the iPhone and iPad applications as available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
- (a) Both you and Lake Effect acknowledge that the Terms are concluded between you and Lake Effect only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- (b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- (c) You will only use the Application in connection with an Apple device that you own or control;
- (d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- (e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- (f) You acknowledge and agree that Lake Effect, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- (g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Lake Effect, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- (h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- (i) Both you and Lake Effect acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- (j) Both you and Lake Effect acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Please note that Apple, the Apple logo, iPhone, and iPad are all trademarks of Apple, Inc., registered in the United States and other countries and regions. App Store is a service mark of Apple, Inc..
12. What else do I need to know?
Warranty Disclaimer. Neither Lake Effect nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Lake Effect or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY LAKE EFFECT (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL LAKE EFFECT (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO LAKE EFFECT IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Lake Effect, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Lake Effect’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Onondaga County, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Onondaga County, New York, or the United States District Court for the Northern District of New York. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND LAKE EFFECT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Lake Effect may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Lake Effect agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Lake Effect, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Lake Effect, and you do not have any authority of any kind to bind Lake Effect in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Lake Effect agree there are no third party beneficiaries intended under these Terms.