Terms of service
Welcome to Lake!
Lake is an app developed by Lake, razvojni studio d.o.o. a limited liability company with its registered address at Ljubljanska cesta 24D. 4000 Kranj, Slovenia (“Lake”, “We”, “Us” or “Our”) that offers its users a fun way to relax by coloring the artworks of their favorite artists and at the same time provides the artists with a new platform to disseminate their artwork for fair compensation and without giving up control of their rights.
We understand the importance of representing one’s work with respect, thus we are committed to providing the highest quality product and promoting the awareness of intellectual property rights. In order to achieve that, we all have to respect the following rules.
These terms of service (the “Terms”) constitute a legally binding agreement between end user of the Services (“You”) and Lake d.o.o. governing your online and offline use of the software and collection of services offered on our website (the “Site”) and in our apps and their updates, as well as related services (collectively “Services”), and affecting your legal rights (the “Agreement”).
If You download the app from any other online market for software applications that operate on devices powered by the operating system not expressly stated herein, you acknowledge that You have reviewed and accepted the terms of service applicable to such market.
Digital environment and law governing it change frequently, thus we reserve the right to make changes to these Terms at any time. When we do so, we’ll provide you with prominent notice by displaying it on the Site. Your continued access or use of the Site in any manner constitutes assent to any existing and new Terms that may be posted on the Site.
The Lake app is offered and controlled by Lake from its facilities in Slovenia. If you access or use the Services from other jurisdictions, you do so at your own risk. We make no representations that the Services are appropriate or available for use in other locations. You are responsible for knowing and complying with applicable laws of your jurisdiction. If such laws conflict with your use of the Services, you are not permitted to use them.
These Terms does not entitle You to receive, and does not obligate Lake to provide hard copy documentation, support, telephone assistance or enhancements or updates to the Services.
We offer our apps free of charge. Any person who uses the Services represents to Us that they are at least 18 years of age, or if under 18 years of age they are either an emancipated minor, or possess the legal consent of a parent or legal guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms, and to abide by and comply with this Terms.
You may register with your email account allowing us to keep you updated on any novelties regarding our Services. If you do so, you represent that all registration information is truthful and accurate, and you agree to maintain the accuracy of such information.
CONTENT, LICENSE & INTELLECTUAL PROPERTY POLICIES
All material that is made available through our Services (the “Content”), whether publicly posted or privately transmitted, is protected by intellectual property rights.
The Content you will be exposed to is only partially provided by us. The Content is offered to you by a variety of Artists. You understand and acknowledge that we do not prescreen and evaluate the Content provided by the Artists and we cannot be held responsible for determining whether the their Content is appropriate or the Artist offering the Content has obtained all required rights to do so.
ARTISTS, AND NOT LAKE, ARE ENTIRELY RESPONSIBLE FOR ALL THE CONTENT THAT THEY MAKE AVAILABLE THROUGH OUR SERVICES, INCLUDING WITHOUT LIMITATION, THAT THEY OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN THEIR CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO DEVELOP, PUBLISH, DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE THEIR CONTENT.
YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT TO ANY CONTENT PROVIDED BY THE ARTISTS, INCLUDING WITHOUT LIMITATION, ANY UNAUTHORIZED USE OF CONTENT AND ILLEGAL, DEFAMATORY OR DEFENSIVE CONDUCT BY ANY OF THE ARTISTS.
NEVERTHELESS, when alerted of any infringement of one’s rights we shall expeditiously investigate the matter, act according to our Intellectual property rights policy and undertake all measure in our power to prevent further violations. However, you understand and acknowledge that we may not be able to authenticate the Content or to confirm the identity of Artists, Users or claimants and prevent them from acting under false pretenses or in a manner that infringes the rights of any person.
USER GENERATED CONTENT
By using our Services, You might generate User Content. By creating User Content through Lake app, You expressly grant, represent and warrant that You have a right to grant, to Lake a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, monetize, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of, and otherwise exploit, all such User Content, as well as Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the app and Lake (and its successors’ and affiliates’) business, including and without limitation for promoting and redistributing part or all of the app (and derivative works thereof) in any media formats and through any media collections and in connection with various advertisements, such as banner ads, mobile ads and video ads. You also hereby grant each user of the app a non-exclusive license to access Your User Content through the app, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the app or the Internet and under this Terms.
Lake takes no responsibility and assumes no liability for any User Content that You or any other user or third party creates with the app or shares through the app. You shall be solely responsible for Your own User Content and the consequences of sharing or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that You send, upload, download, stream, post, transmit, display, share or otherwise make available or access through Your use of the app, is solely Your responsibility.
LICENSE - YOUR RIGHTS AND RESTRICTIONS
Subject to full compliance with these Terms, we hereby grant you a personal, limited, worldwide, non-exclusive, non-transferable license for the term of these Terms to make use of our Services, as well as to access and make non-commercial, personal use of the Content (the “License”).
The sole purpose of this License is to enable you to use and enjoy the benefit of the Services in the manner permitted by these Terms. You may modify the Content within the Lake app and using the Lake app’s tools. You may then reproduce, copy, print, publish, transmit, distribute, display or otherwise transfer such modified Content and make it available by uploading, posting, emailing, transmitting or otherwise, so long as you do so for personal and non-commercial purposes and pay appropriate respect to the original Content and it’s Artist by maintaining the Artist’s spirit, protecting its reputation as well as its interests and clearly and visibly state the name by which the Artist wants to be known and provide the link to the original Content.
You agree that you are using our Services and the Content for your own personal and non-commercial use and that you will not use our Services, the Content, or any portion thereof in any manner not expressly permitted by these Terms and/or applicable law, including without limitation, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, display, sell, license, or otherwise transfer and make available by uploading, posting, emailing, transmitting or otherwise; and will notdirectly or indirectly induce, instruct or allow any person to do so.
Our software and the Content are merely licensed and not sold, to you, so we and the Artists retain all rights, titles and interests of all copies of our software applications and the Content even after installation on your personal electronic devices.
You shall not reverse-engineer, decompile, disassemble or modify our Service, Content or any portion thereof or circumvent any technology used to protect the Service and the Content, unless permitted by applicable law.
You shall further restrain from:
interfering with the proper working of the Services by any action that either imposes, or may impose, an unreasonable or disproportionately large load on Lake’s infrastructure, artificially increases download count, bypasses measures we may use to prevent or restrict access to the Services and access to users’ data that we might collect or otherwise manipulate the Services by using a script or other automated process;
modifying, adapting or hacking the Services or modifying another website so as to falsely imply that it is associated with Lake;
use of the Service in a manner that is unlawful, fraudulent or deceptive;
distributing or transmitting any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Services or Lake’s users;
resell, copy, transfer, distribute, display, translate, modify the Services or make derivative works of the Lake app or any part thereof;
use of the Service in a manner that uses or launches any automated system to access Lake’s website or computer systems;
sublicensing, renting, leasing transferring or otherwise distributing the Services or rights to use the Services;
use the service to try to gain unauthorized access to any service, data, account or network by any means;
use of the Service in a manner that harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party;
use of the Service in a manner that encourages conduct that would constitute a criminal offense, or would give rise to civil liability.
OUR INTELLECTUAL PROPERTY
Except when expressly stated otherwise, these Terms do not grant you any rights or license regarding our trademarks and domain names or other brand features, as well as our copyrights or any other intellectual property rights, whether for commercial or non-commercial use.
INTELLECTUAL PROPERTY RIGHTS POLICY
We take intellectual property rights seriously and expect other to do the same.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, trade names, proprietary rights, copyright rights, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, musical works, settings, artwork, mask work rights, sound effects, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
If you are the owner of the intellectual property right or a person authorized to act on owners’ behalf and believe in good faith that any Content made available through Lake Services infringes your intellectual property right, please let us know. You may submit a written notice of alleged copyright/intellectual property rights infringement to our designated copyright agent at the following address:
Lake d.o.o.Legal department Ljubljanska cesta 24b 4000 Kranj Slovenia
A notification of alleged copyright/intellectual property rights infringement should include:
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work/intellectual property right claimed to have been infringed, or, if multiple copyrighted works/intellectual property rights are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit as to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright/intellectual property rights owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the above listed notice requirements, your notice may not be valid and may not be taken into consideration or investigated upon.
When properly notified by a rightful person that any Content infringes a copyright, we shall expeditiously investigate the claim and may in our absolute discretion take appropriate actions without prior notification to the Artist.
However, if the Artist believes that the Content he provided is not infringing, or that he has obtained all required rights from their owners’ or pursuant to the law, he may submit a written counter-notification to our Designated Agent with a request to restore the removed Content.
A counter-notification should include:
a physical or electronic signature of the Artist;
identification of the Content that has been removed;
contact information of the Artist, if not already provided;
a statement of the Artist that he believes in good faith that the Content was removed as a result of mistake or a misidentification of the Content.
Designated Agent may send a counter-notice to the original complaining party informing the complaining party that the removed Content will be restored in 15 business days following receipt of the counter-notice unless the complaining party notifies the Designated Agent that it has filed an action seeking a court order to restrain the Artist from engaging in infringing activity relating to the Content that was the subject of the notice.
THIRD PARTY SERVICES
If you have downloaded the Lake app from the Apple, Inc. (“Apple”) App Store or if you are using the app on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Lake only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the app to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the app infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must provide at Your own expense the equipment, Internet connections or mobile devices and/or service plans to access and use this app. Lake does not guarantee that Lake app is available in all geographic locations. You acknowledge that when You use Lake app, Your wireless carrier may charge you fees for data, messaging, and/or other wireless access. Check with Your carrier to see if there are any such fees that apply to You. You are solely responsible for any costs You incur to access this application from Your mobile device and/or PC device. Your right to use Lake app is also predicated on Your compliance with any applicable terms of agreements You have with third parties when using the Services.
AVAILABILITY OF SERVICES
Due to the continuous development and growth of our Services, the availability of Services is subject to change. We will do our best to keep our Services available at all times. However, we cannot guarantee that the Services will be continuously available without interruption.
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you. You further acknowledge and agree that the Services may be temporarily unavailable for causes beyond our control.
We shall not be liable to you for any disruptions of Services as a result of interruptions arising from the foregoing.
WARRANTY DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR SECURITY OF THE TRANSMISSION OF CONTENT ON THE SITE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
YOU USE SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LAKE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LAKE DOES NOT WARRANT THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS AND MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER MODIFIED CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT LAKE IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM LAKE SHALL CREATE ANY WARRANTY ON BEHALF OF LAKE IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY LAKE SOFTWARE AND TO STOP USING THE SERVICE. WHILE LAKE ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO LAKE, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LAKE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS (the “Indemnified Parties”) BE LIABLE FOR
(1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE LAKE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER LAKE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (3) ANY PERSONAL INJURY AND/OR PROPERTY DAMAGE OR (4) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE LAKE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS YOU ACCTUALY PAID TO THE LAKE FOR PROVIDING YOUR CONTENT DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF OR RELATED TO ANY CLAIM DEMAND OR ACTION BROUGHT OR ASSRTED AGAINST ANY OF THE INDEMNIFIED PARTIES: (1) ALLEGING FACTS OR CIRCUMSTANCES THAT WOULD CONSITUTE YOUR BREACH OF THE TERMS; (2) ARAISING FORM, CONNECTED TO OR RELATED TO THE CONTENT OR ANY ACTIVITY IN WHICH YOU ENGAGE ON OR THROUGH THE SERVICES; AND (3) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
YOU AGREE THAT A BREACH OF THIS TERMS WILL CAUSE IRREPARABLE INJURY TO LAKE FOR WHICH MONETARY DAMAGES WOULD NOT BE AN ADEQUATE REMEDY AND LAKE SHALL BE ENTITLED TO SEEK EQUITABLE RELIEF IN ADDITION TO ANY REMEDIES IT MAY HAVE HEREUNDER OR AT LAW WITHOUT A BOND, OTHER SECURITY, OR PROOF OF DAMAGES.
These Terms set forth the general terms and conditions which shall govern the relationship between Lake and its users.
Headings are for reference purposes only and do not limit the scope or extent of such section and shall not affect the interpretation hereof.
Term, Termination and Survival
The terms of the Agreement shall commence on the date You install or otherwise use the Services and shall end on the earlier of the date of Your disposal of the Services or Lake’s termination of the Agreement.
You may terminate the Agreement at any time by either uninstalling the Lake app or ceasing to use the Services or the Site.
Uninstalling the Lake app does not result in a refund of the amount paid in it.
Lake may terminate the Agreement and cease to provide our Services if required by law or due to commercial or technical unavailability. Lake also reserves the right, using its sole discretion, to terminate this Agreement, request that You remove the Lake app from Your device for any reason, including but not limited to Lake’s reasonable conclusion that You have violated the Terms. Promptly upon termination, You must cease all use of the Lake app and destroy all copies of the Lake app in your possession or control. Termination will not limit any of Lake’s other rights or remedies at law or in equity.
Before doing so, we will provide prominent notification.
The following Sections shall survive termination of this Agreement:
Content, License, Warranty Disclaimers, Exclusions and Limitations, Indemnity, Resolution of Disputes and Governing Law.
If any provision of these Terms is held to be invalid or unenforceable, for any reason or to any extent, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by applicable law.
These Terms shall be governed by, construed and enforced in accordance with the Slovenian laws, without regard to or application of Slovenia’s conflict of law principles.
Resolution of Disputes
Except as otherwise stated herein, any claim or controversy between the Parties arising out of or relating to these Terms (including its formation, interpretation, performance and breach) shall be finally settled by arbitration in accordance with the Arbitration Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia.
Costs and expenses for the arbitration procedure from the preceding paragraph shall be divided between the parties according to the success in the arbitration process
Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms shall be conducted in Slovenian language in Ljubljana, Slovenia.
All failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law shall not constitute a waiver of any of those provisions or rights.
Please note, however, that other aspects of your use of the Services may be governed by additional agreements, such as, for example, agreements governing your free or discounted trial versions of our Services or products within the Services. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
If you have any concerns regarding the use of our Services contact us by email: email@example.com.
Lake d.o.o., last updated December 2016