LAST UPDATED: June 1, 2026
These Terms of Use (“Terms”) governs the relationship between you and Lark Play Inc (referred to as the “Company”, “we”, “us”, or “our”). We act as the operator of this platform (“Platform”) that connects users with third-party developers and their offerings, and this allocation defines the parties’ respective responsibilities. Your ability to access, register for, or participate in any third-party offerings does not make us the provider of such third-party services.
BY REGISTERING FOR AN ACCOUNT (“ACCOUNT”), USING OUR PLATFORM, CLICKING “I ACCEPT”, ACCESSING OR DOWNLOADING ANY OFFERINGS THEREIN, OR REGISTERING FOR/PARTICIPATING IN COMPETITIONS VIA THE PLATFORM, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, ANY POLICIES INCORPORATED HEREIN, AND THE RULES OF INDIVIDUAL COMPETITIONS IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THESE TERMS; AND (C) REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS.
These Terms constitute a legally binding agreement. By proceeding, you confirm that you understand the Terms governing your access to and use of our Platform and that you have the legal capacity to enter into this agreement.
2.1 License to Access and Use. Subject to your continuous compliance with the Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use our Platform and its content via a supported web browser or mobile device, exclusively for personal, private entertainment. This license is limited to your individual use and expressly prohibits commercial use, sharing, transfer, or sublicensing. We may revoke this license if you breach the Terms.
2.2 Avatar License. Subject to the same limitations and conditions as Section 2.1, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use avatars made available on the Platform. Avatars may be used only within our Platform for personal purposes.
2.3 Amendments to Terms. We may revise the Terms at any time. Material changes will be posted via our Platform, and the “LAST UPDATED” date above will reflect the most recent revision. Your continued access of our Platform or use of any services provided therein after posting constitutes your acceptance of the revised Terms. You are responsible for reviewing the Terms periodically.
2.4 Written Modifications Only. No amendment or modification to these Terms is valid unless set forth in a formal written instrument executed by both parties. For this clause, “writing” excludes email and electronic or facsimile signatures.
2.5 Eligibility Requirements. To
register an Account, participate in competitions, use services, or download software, you must:
(a) be a natural person aged 18 or older, using a personal email address for registration;
(b) have legal capacity to contract;
(c) be physically located in a jurisdiction where the selected competition is legally permitted;
and
(d) comply with the Terms at all times.
Failure to satisfy these requirements may result in suspension or termination of your Account,
with or without notice.
3.1 Age and Legal Requirements. You represent that you are at least 18 years of age (or the higher age of majority applicable in your jurisdiction) and that you are legally permitted to participate in the games offered on the Platform under applicable law.
3.2 Restriction of Participation. Participation in competitions that involve entry fees or prizes is subject to varying gaming laws across U.S. states, countries, and territories (together referred to as “Gaming Laws”). Our Platform restricts access to cash competitions in jurisdictions where participation would violate local law (“Prohibited Jurisdictions”). If you are located in a Prohibited Jurisdiction, you are not permitted to participate in cash competitions.
3.3 Prohibited Jurisdictions. As of the LAST UPDATED date, our Prohibited Jurisdictions include: Arkansas, Delaware, Indiana, Louisiana, Maine, South Carolina, and South Dakota. You are responsible for confirming whether your location is within a Prohibited Jurisdiction. We may monitor location and block access from any Prohibited Jurisdiction. You must accurately confirm your location each time you enter a cash competition.
3.4 Recreational Use Only. You agree that you participate in games on our Platform solely in your personal capacity for recreational and entertainment purposes.
3.5 No Agency. You agree that you participate in games on our Platform on your own behalf and not as an agent, nominee, or representative of any other person.
3.6 User Information Accuracy. You agree that all information you provide to the Company must be true, complete, and accurate. You agree to promptly notify us of any change to your information.
3.7 Prohibited Conduct. You must not engage in fraudulent, collusive, or unlawful conduct related to game participation on our Platform. The use of automated software (including bots), hardware devices, or any other unfair method is strictly prohibited. We reserve the right to invalidate participation if such conduct is detected.
3.8 Merchandise Restrictions. You may not sell, trade, or attempt to sell or trade any merchandise provided by us for value.
4.1 Single Account Limitation. You may maintain only one Account on our Platform, including any inactive Account. Attempting to open multiple accounts may result in suspension or termination of all related accounts.
4.2 Duplicate Accounts. If you become aware that you have multiple accounts, you must notify us immediately. You must not create a new Account to update information (including email or address); instead, you must use the update functionality within your existing Account following the guidance provided on the Platform.
4.3 Account Security. You are solely
responsible for safeguarding your Account credentials and payment methods and for ensuring that only
you can access them. You assume full responsibility for any unauthorized use of your Account.
You must promptly notify us if you suspect any compromise of your Account security, including
loss, theft, or unauthorized disclosure of login credentials.
You are solely responsible for maintaining the confidentiality of your password and for all
activity conducted through your Account.
4.4 Minors Prohibited. You are responsible for all activity associated with your Account, including any use by minors. We strictly prohibit minors’ use or access to our Platform or any services provided therein.
4.5 No Account Sharing. You must not share your Account or password, permit others to access your Account, or take any action that compromises Account security.
4.6 Account Activity; Termination for Misuse. You are responsible for all actions taken through your Account, whether or not authorized by you. We may terminate your Account if it is used by others to violate the Terms or engage in unlawful activity.
4.7 Third-Party Misuse. We are not liable for misuse of your Account by third parties resulting from your intentional or accidental disclosure of your login credentials.
4.8 Inactive Account Closure. We may close accounts that we determine to be inactive for a consecutive of 90 days. If your Account has no transactions for 30 consecutive months, we will remit any remaining balance of redeemable prizes, where applicable, to you as required by applicable law and in accordance with these Terms.
5.1 Fees. Competition fees and billing procedures are specified in the billing application as provided within the Platform. By accepting fees charged to your Account, you agree to pay such fees. All fees are denominated in U.S. Dollars, prepaid, and non-refundable. You are responsible for all charges under your Account, including unauthorized charges. Prices may change at any time but will not apply retroactively to prior purchases.
5.2 Billing. Acting as agent for our
developer partners, we may change fees and billing procedures by updating the billing application,
with or without notice. By providing a payment method on the Platform, you:
(a) represent you are authorized to use the payment method and that the payment information is
accurate; and
(b) authorize us to charge that payment method for services and paid features.
Billing may occur in advance, at the time of purchase, or shortly after purchase. You must
report billing errors within 120 days after they appear for investigation; after 120 days, no
corrections or refunds will be provided. We will correct billing errors that we identify within 90
days. You are responsible for all costs (including attorneys’ fees) incurred in collecting
past-due amounts.
5.3 Player Categories.
(a) “Non-Cash Players” shall mean users who participate in competitions without
depositing U.S. Dollars.
(b) “Cash Players” shall mean users who participate in competitions that require
entry fees in U.S. Dollars and must maintain accurate, current information including full name,
address, phone number, and payment details.
(c) Cash Players shall consent to the disclosure of personal and payment information to
third-party service providers for identity verification, transaction risk assessment, and other
purposes described in our Privacy Policy.
5.4 Bonus Funds. Cash Players may
receive “Bonus Funds” usable solely for entry into cash competitions and not for
withdrawal. If only Bonus Funds are available, they will be used to pay the entry fees for cash
competitions. Winnings from entries made using Bonus Funds will restore the Bonus Funds used, and
any additional winnings may be withdrawable as real prizes where applicable, subject to the
conditions stated in these Terms. Bonus Funds are forfeited if:
(a) you withdraw funds (where withdrawable and applicable) from your Account; or
(b) you do not enter a cash competition for 60 consecutive days.
5.5 Withdrawals. Cash Players may request withdrawal of available funds, subject to the conditions stated in these Terms. Digital Assets and Bonus Funds are not eligible for withdrawal. We may freeze accounts or delay withdrawals during investigations, eligibility verification, or to comply with applicable law. A processing fee may apply to withdrawals.
5.6 Refund Policy. Refunds are not provided except where required by law.
5.7 Winnings. To receive winnings, you may be required to provide documentation demonstrating eligibility and compliance with the Terms. Failure to provide satisfactory proof will result in forfeiture of winnings. Any erroneous payment may be reversed or required to be repaid, and we may offset or adjust future payments to correct overpayments.
5.8 Payment Methods. You must be the authorized user of any credit card or other payment method (including PayPal) used on the Platform. You must promptly notify us of changes to payment details. You are responsible for unauthorized use of payment methods associated with your Account. Fraudulent use will result in immediate termination of your Account, forfeiture of winnings, and potential legal action.
6.1 DMCA Compliance. To submit a
notice of copyright infringement under the Digital Millennium Copyright Act (DMCA), you must contact
our designated agent and provide:
(a) a physical or electronic signature of the copyright owner or authorized representative;
(b) identification or description of the copyrighted work claimed to have been infringed;
(c) the location on our Platform of the material alleged to be infringing;
(d) the complaining party’s contact information;
(e) a statement of good-faith belief that the disputed use is not authorized; and
(f) a statement, under penalty of perjury, that the information is accurate and that the
complaining party is authorized to act on behalf of the owner.
6.2 Your Content. You grant us a worldwide, perpetual, unrestricted, royalty-free license to use, reproduce, copy, modify, distribute, publish, perform, and display any content you submit (“Content”), and you waive all moral rights therein. Content is deemed non-confidential and non-proprietary. We may use Content for any purpose without compensation. You represent and warrant that you own all rights in the Content and that the submission and use of Content complies with applicable law. Upon termination of these Terms or your Account, Content may be permanently deleted without return.
7.1 Governing Law. These Terms and any dispute arising out of or relating thereto will be governed by, and construed in accordance with, the laws of the State of Ohio, United States, without giving effect to conflict-of-law principles.
7.2 Mandatory Arbitration. Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The seat of arbitration will be Cleveland, Ohio, and the arbitration will be conducted in English. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
7.3 Class Action Waiver. Under these Terms, you agree to resolve disputes on an individual basis and waive any right to participate in any class, consolidated, or representative proceeding.
7.4 Injunctive Relief. Notwithstanding Sections 7.2 and 7.3, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or to prevent irreparable harm.
7.5 Opt-Out. If you do not want to be
bound by this mandatory arbitration and class action waiver provision, you may opt out.
You must opt out within thirty (30) days of the earliest of: (a) the date you first accept
these Terms; or (b) the date you first use the Platform after this arbitration provision becomes
effective.
To opt out, you must send the Company an opt-out notice that includes all of the following:
• Your full legal name;
• The email address associated with your Account;
• Your mailing address and phone number;
• A clear statement that you are opting out of the “Mandatory Arbitration and Class
Action Waiver” provision; and
• The date and your signature (typed signature acceptable).
Delivery Methods. You may deliver the opt-out notice by:
Postal Mail to:
Attn: Arbitration Opt-Out, Lark Play Inc
600 SUPERIOR AVE E STE 1300, CLEVELAND, OH, 44114
An opt-out notice is effective only if it is received within the 30-day deadline as provided
above.
Effect of Opt-Out. If you timely opt out, neither you nor the Company will be required to
arbitrate Disputes, and you may pursue Disputes in a court of competent jurisdiction, subject to the
Governing Law provision. Opting out will not affect any other provisions of these Terms.
7.6 Changes to This Section. We may modify this “Governing Law and Dispute Resolution” section. Continued use of the Services after such changes are posted constitutes acceptance of the revised terms.
Any inquiry about these Terms may be sent to us at [email protected].
