LazyLand Games Publisher Program
Terms and conditions
This agreement (the "Agreement") is entered into by and between you ("You") and LazyLand ("LazyLand") regarding your use of all aspects of LazyLand services. By using the LazyLand Games Service, you consent to be bound by these terms and conditions. For clarity, these terms and conditions apply only to participants in the LazyLand Games Service. Unless otherwise explicitly specified, all non-LazyLand Games Services offered by LazyLand are governed by the LazyLand Terms of Service.
LazyLand Games Publisher Program: LazyLand provides an optional program (the “LazyLand Games Publisher Program”) by which publishers, included but not limited to those who own websites, downloadable applications, and internet tools used to distribute content, can copy the code of the LazyLand Games that they may publish, feature, distribute, or display on their site or within their products (“Property”). Participation is subject to approval from LazyLand and/or its Partners. LazyLand reserves the right to deny participation to or revoke its prior approval of any user in its sole discretion.
The Service is accessible to you through a personal computer or other access device, via the domain: www.lazyland.net (“Website”) using a communications connection (e.g., modem and telephone line) using the software made available to you through LazyLand Games (“LazyLand Games Software”) and the guidelines provided on the Website (the “Software Guidelines”). LazyLand reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LazyLand shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
LazyLand reserves the right to modify this agreement at any time by posting a notice on the website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications, which shall be effective when posted on the Website or when notice is sent to you. Your use of the Service after posting or notice constitutes your acceptance of the terms and conditions of this Agreement as modified. This Agreement, together with any other legal notices published by LazyLand on the Website shall constitute the entire Agreement between you and LazyLand concerning the Service.
Account, Password and Security: You will receive a password and account designation upon completing the Service’s registration process. You may never use another's account, username or password without permission. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LazyLand of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LazyLand shall not be liable for any loss or damage arising from your failure to comply with this Section or any use of your password or account whether authorized by you or not. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify LazyLand immediately of any breach of security or unauthorized use of your account. While you may be required to expressly accept or reject these Terms of Service when you register, you agree that any requirement that you do so does not in any way vitiate your assent to comply with the Terms of Service. Although LazyLand will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of LazyLand or others due to such unauthorized use.
Payment: In connection with the LazyLand Games Program, LazyLand sells virtual currency (“Coins”) as in-game currency (and more) that generates revenue on the basis of the number of valid revenue-generating transactions displayed and confirmed in the LazyLand Game(s) - as determined by LazyLand. You shall receive a payment related to the revenue through valid completions of Buying Coins initiated through Your Property(ies), and/or other events performed in connection with the registered users of the games through Your Property(ies), in each case as determined by LazyLand for its participants in the Program. In response to the amount of generated revenue in LazyLand Game(s), LazyLand reserves variable percentages it receives for payments to participants in the LazyLand Games Publisher Program, net of all payment defaults, chargebacks, bad debt, sales commissions, discounts, refunds, and processing fees that LazyLand may incur in operating the LazyLand Games Publisher Program (the “User Revenue Share”). Parties agree on a Revenue Share from the Net Revenues generated by selling virtual currency (“Coins”) of valid revenue-generating transactions displayed and confirmed in LazyLand Game(s). Net Revenue is calculated from Gross Turnover less Deductible Direct Cost. Gross Turnover is Revenue from valid revenue-generating transactions displayed and confirmed in the LazyLand Game(s). Deductible Direct Costs include payments costs charged by external service providers, customers’ chargebacks, cancellations etc., and any applicable VAT.
Unless otherwise agreed to by the parties in writing (including by electronic mail), payments to You shall be sent by LazyLand within approximately fourty-five (45) days after the end of each calendar month that revenue is generated by users who registered on Your Property if Your earned balance is 300 euros or more. In the event the Agreement is terminated, LazyLand shall pay Your earned balance to You within approximately hundred-twenty (120) days after the end of the calendar month in which the Agreement is terminated by You (following LazyLand’s receipt of Your written request, including by email, to terminate the Agreement) or by LazyLand. In no event, however, shall LazyLand make payments for any earned balance less than 100 euros. The Revenue Share payable to You by LazyLand under this Agreement shall be equal to 35% of the Net Revenue which shall include revenue of sold virtual currency and other paid options in the Games. You shall issue an invoice for the remittance that shall be made by LazyLand for the monthly sales revenue according to the Tracking System within 10 (ten) days of the following month and shall be uploaded in PDF format to LazyLand.net, to the relevant field “invoices”. LazyLand, ahead of the revenues’ bank transfer, reserves the right to ask for constitutional documents or any other necessary document needed for the bank transfer of the revenues according to the EU legislation regarding the anti-money laundering. User Revenue Share Payments can also be made to you using PayPal, which requires that you provide LazyLand with a valid email address, which will not be validated by any automated means. Any bank fees related to a contact or payment information error or omission may be deducted from the newly issued payment.
If You dispute any payment made under the Program, You must notify LazyLand in writing within thirty (30) days of any such payment; failure to so notify LazyLand shall result in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by LazyLand. No other measurements or statistics of any kind shall be accepted by LazyLand or have any effect under this Agreement. The statistics provided by the online publisher’s backend are only preliminary and can be corrected by LazyLand at any time, if any calculation error occurs. The payments made under this Agreement are for use by You only and may not be transferred or in any manner passed on to any third party (i.e. distributed to Properties managed by You that require separate payments) unless expressly authorized in writing by LazyLand (including by electronic mail).
You agree to pay or to be charged all applicable taxes and/or charges imposed by any government entity or any bank transactions fees in connection with your use of the LazyLand Publisher Program and the payment of the revenues.
LazyLand may change its pricing and/or payment structure at any time after previous written via e-mail notice and change the User Revenue Share at any time.
LazyLand shall not be liable for any payment based on: (a) any amounts which result from invalid Coin transactions, charged back transactions, invalid queries, invalid Referral Events, invalid clicks or invalid impressions generating revenue by any person, bot, automated program or similar device, as reasonably determined by LazyLand; or (b) generated revenue as a result of any breach of this Agreement by You for any applicable pay period.
LazyLand reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement by You, pending LazyLand reasonable investigation of any of the foregoing or any breach of this Agreement by You, or in the event that a LazyLand Partner whose revenue is generated in connection with Your Property(ies) defaults on payment for such revenue to LazyLand.
Prohibited Uses: You shall include LazyLand games, only as described within the LazyLand publisher backend. You shall not yourself, nor authorize or enable any third party to: (i) directly or indirectly generate queries, impressions on any game(s) or revenue on the LazyLand payment portal through any manual, automated, or otherwise fraudulent means, including but not limited to repeated clicks, the use of robots or other automated query tools, (ii) edit or modify the information contained in any game, including but not limited to the presentation or the URL or URL mapping that may exist inside the game(s), or (iii) run the game(s) through any additional service that rewrites the URLs contained in the game. You agree that any violation of (or attempt to violate) the foregoing is a material breach of this Agreement and that LazyLand may suspend your account and pursue legal remedies against you. A breach of this Agreement will result in your forfeiture of any payment due.
Termination: This Agreement shall remain in full force and effect while you use the Service. You agree that LazyLand, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any User Submissions within the Service, for any reason or no reason, including, without limitation, for lack of use or if LazyLand believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You may also terminate participation in the LazyLand Games Publisher Program at any time by sending relevant written notice to the address email@example.com with the title “Termination Notice”. Upon your termination of the LazyLand Games Publisher Program, you may in certain cases be prohibited from re-enrolling in the LazyLand Games Publisher Program for a period of time based on agreements with Advertising Partners or Developers. LazyLand, in its sole discretion, may terminate your participation in some or all of the LazyLand Games Publisher Program or the LazyLand Games Advertising Program at any time with previous notice.
No Guarantee: LazyLand does not guarantee as to the level of impressions, clicks, registered users or generated revenue on any game, or the amount of any payment to be made to you under this Agreement.
Games Software and Content: The Games Software is owned by or licensed to LazyLand. LazyLand grants you a limited, revocable, non-exclusive license to redistribute the LazyLand Games Software and Content available solely in conjunction with the Service consistent with this Agreement and the Guidelines. You may not sublicense, modify, resell, redistribute, reverse engineer or otherwise manipulate the LazyLand Games Software or Service. Except as expressly provided for in this Section, you are not granted any other rights, title or interest in the LazyLand Games Software or Service. You shall not copy any LazyLand Games Software or Content except as set forth herein. Any copy of the Content, LazyLand Games Software or Service that you make must contain the same copyright and other proprietary notices that appear on or in the LazyLand Games Software or Service. If you are a copyright owner or an agent thereof and believe that Content infringes upon your copyrights, you may submit a notification.
Intellectual Property Rights: The content on the Website and available through the Service, including without limitation, the games, text, software, scripts, graphics, files, images, photos, sounds, music, videos, advertisements, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to LazyLand, subject to copyright and other intellectual property rights under Cypriot Law, EU Law, foreign laws and international conventions. LazyLand reserves all rights not expressly granted in and to the Service and the Content. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, Marks, third party User Content, or other proprietary rights not owned by you in violation of this agreement. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
Copyrights: Notwithstanding anything to the contrary, all Ads, even if displayed within the LazyLand Games played on your publisher site, shall and do remain copyright of the advertiser. You obtain no rights in any Ads by virtue of utilizing the Service.
Representations and Warranties Eligibility: By using the Service, you represent and warrant that: (a) either you are at least 18 years of age or older and you have legal capacity to agree to this terms and conditions; or you are an individual entering this agreement on behalf of an entity, and you are authorized to bind the entity to this agreement; (b) all registration information you submit is accurate and truthful; (c) you will maintain the accuracy of such information; and(d) your use of the Service does not violate any applicable law or regulation.
Your account, profile, and all associated Content (as defined below) may be deleted and your membership may be terminated without warning if LazyLand believes that you are in breach of any of the foregoing representations and warranties.
Service Access: Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, LazyLand hereby grants you permission to use the Service only as set forth in this Agreement, and provided that:
(a) You will be responsible for obtaining or providing all connectivity and computer equipment or other access devices necessary to access the Service;
(b) You will otherwise comply with this Agreement;
(c) You will not copy or distribute any part of the Website or Service in any medium without LazyLand’s express authorization;
(d) You will not alter or modify any part of the Website or Services other than as expressly authorized;
(e) You will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website or Service, the proper operation of the Website or Service, or interfere with any activity being conducted on the Website or Service;
(f) You will not create a link to the Website without LazyLand’s prior written consent;
(g) You will not post content or items in an inappropriate category or areas on the Site;
(h) You understand that LazyLand may, in its sole discretion, cancel any offer or remove any Content (as defined below) posted on LazyLand if it believes there is evidence supporting violation of these terms;
(i) You will not distribute or post spam, chain letters, pyramid schemes, viruses or any other technologies that may harm LazyLand, or the interests or property of LazyLand users;
(j) You will not harvest or otherwise collect information about Content, or users, including email addresses, without their consent;
(k) You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your use of the Service;
(l) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the LazyLand servers in a given period of time than a single human can reasonably produce in the same period by using a conventional on-line web browser;
(m) You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes;
(n) You agree that your Content both will not contain restricted or password only access pages or hidden pages or images; and
(o) You will not violate any laws, third party rights, or our policies;
LazyLand reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in LazyLand’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
Links and Frames: The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Your use of other sites or resources are governed by terms on or related to such sites or resources. Use of such sites or resources is at your own risk. Because LazyLand has no control over such sites and resources, you acknowledge and agree that LazyLand is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LazyLand shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Indemnity: You agree to defend, indemnify and hold harmless LazyLand, and its third party developer partners, subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, employees, and Ad Partners from any liabilities, losses, actions, damages, claims, obligations, costs, expenses or demands (including, but not limited to attorneys’ fees, costs and expenses) arising out of (a) your use of the Service, (b) your connection to the Service, (c) your violation of any term of this Agreement or your representations and warranties set forth above, (d) your violation of any rights of another, including without limitation any copyright, property, or privacy right, or (e) your failure to perform your obligations hereunder.
Third Party Beneficiaries: You agree that any distribution partner (which, for clarity shall not mean You) that distributes LazyLand’s Game(s) shall be third party beneficiary with respect to this Agreement, and that any such distribution partner shall have the right to enforce such provisions in its own name as if the distribution partner were LazyLand. You further agree that you shall not raise lack of privity as a defense against any distribution partner seeking to enforce the provisions of this Agreement.
Publicity: You agree that LazyLand may use your name, logo, and the title(s) and logo(s) of your Game(s) in presentations, marketing materials, customer lists, financial reports and Web site listings of customers.
Disclaimer of Warranty: TO THE FULLEST EXTENT PERMITTED BY LAW, LAZYLAND, ITS SUPPLIERS, AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER LAZYLAND NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, CONTENT, OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, AND NONE ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE, GENERATED REVENUES OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. LAZYLAND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LAZYLAND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE SERVICE IS CONTROLLED AND OFFERED BY LAZYLAND FROM ITS FACILITIES IN CYPRUS. LAZYLAND MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Limitation of Liability: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, CONTENT AND LAZYLAND SOFTWARE IS AT YOUR OWN RISK. IN NO EVENT SHALL LAZYLAND, ITS SUPPLIERS, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU. THESE LIMITATIONS SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. YOU SPECIFICALLY ACKNOWLEDGE THAT LAZYLAND SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU. IN NO EVENT WILL EITHER PARTY’S LIABILITY FOR MONETARY DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID UNDER THIS AGREEMENT BY LAZYLAND TO YOU. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Miscellaneous: This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. In the event of a conflict between the terms of this Agreement and any other terms set forth in the Website or Service (including without limitation, the terms of the FAQ sections of the Website) the terms of this Agreement shall supersede and control. This Agreement shall be construed in accordance with the laws of Cyprus. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Each provision of this Agreement is intended to be severable. If any term or provision hereof shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity and enforceability of the remainder of this Agreement. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under this Agreement without LazyLand’s prior written consent, and any attempt to do so without that consent will be void.
Assignment: LazyLand may assign this Agreement to a successor in interest in connection with a change of control, a sale of substantially all of its assets, or a merger, acquisition, public offering or other reorganization transaction.
Headings: The section headings used herein are for convenience only and shall not be given any legal import.
Disputes: The parties shall attempt to resolve any controversy or claim arising out of or relating to the creation, performance, termination and/or breach of this Agreement in the first instance through good faith negotiation or mediation between the parties. Any claims or disputes arising from or related to this Agreement shall be resolved in Nicosia, Cyprus. Notwithstanding the foregoing, and solely with respect to breaches or threatened breaches of this Agreement, either party to this Agreement may seek a temporary restraining order and injunction to protect its legal rights or interests, without the need to post bond in any court having jurisdiction.
If you have any questions regarding this Agreement or if you wish to request any information from LazyLand, please contact at firstname.lastname@example.org