Date: 08/18/2017                                                   
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TERMS OF SERVICE / LICENSE AGREEMENT:

1. YOUR ACCEPTANCE:

This is an agreement between MARKS APPLICATIONS LLC, a MICHIGAN Company, the owner and operator of www.marksapplications.com, MARKS APPLICATIONS LLC software, including MARKS APPLICATIONS LLC APPS AND YOU, a user of the Service/APPS/SITE. BY USING THE SERVICE/APPS/SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND MARKS APPLICATIONS LLC'S PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.marksapplications.com/Privacy_Policy.php, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the APPS or Service.

 

2. MARKS APPLICATIONS LLC LOTTO APPS:

Lotto APPS including (WIN THE POWERBALL APP, WIN THE MEGAMILLIONS APP, WIN THE HOT LOTTO APP, DIALY3/DAILY4 APP) are owned by MARKS APPLICATIONS LLC.MARKS APPLICATIONS LLC IS NOT A LOTTO RETAILER FOR THE POWERBALL DRAWING, MEGAMILLIONS DRAWING, HOT LOTTO DRAWING. THE LOTTO APPS MENTIONED ABOVE CANNOT BE USED AS A PURCHASED TICKET AND CANNOT SELL TICKETS FOR PURCHASE. ALL TICKETS MUST BE OBTAINED THROUGH A LOCAL LOTTO RETAILER IN THE UNITED STATES ONLY AS FOLLOWED:

FOR THE POWERBALL, YOU CAN PLAY IN THESE STATES: AR AZ CA CO CT DC DE FL GA IA ID IL IN KS KY LA MD MA ME MI MN MO MT NC ND NE NH NJ NM NY OH OK OR PA RI SC SD TN TX VA VI VT WA WI WV.

FOR THE MEGAMILLIONS: YOU CAN PLAY IN THESE STATES: AR AZ CA CO CT DC DE FL GA IA ID IL IN KS KY LA MD MA ME MI MN MO MT NC ND NE NH NJ NM NY OH OK OR PA RI SC SD TN TX VA VT WA WI WV

FOR THE HOT LOTTO, YOU CAN PLAY IN THESE STATES:District of Columbia, Delaware, Idaho, Iowa, Kansas, Maine, Minnesota, Montana, New Hampshire, New Mexico, North Dakota, Oklahoma, South Dakota, Tennessee, Vermont, or West Virginia.

MARKS APPLICATIONS IS NOT RESPONSIBLE FOR PAYING OUT ANY WINNING THAT MAY BE WON FROM PURCHASED TICKETS OR PLAYED NUMBERS. ALL MARKS APPLICATIONS LOTTO APPS ARE FOR FUN ONLY BY PICKING NUMBERS USING VARIOUS METHODS INCLUDING: DEFAULT METHOD, PAST WINNING NUMBERS METHOD, EXTREME METHOD AND THE PROCESS OF ELEMINATION. MARKS APPLICATIONS LLC DOES NOT GUARANTEE THAT ANY NUMBER / ALL NUMBERS WILL WIN AND THAT INDIVIDUALS ARE PLAYING AT THEIR OWN RISK, LOSS OR PROFIT FROM THE LOTTO APPS THAT ARE OWNED BY MARKS APPLICATIONS LLC.

EVERY ATTEMPT IS MADE TO ENSURE THAT ALL WINNING NUMBERS ARE ACCURATE; HOWEVER, YOU ARE RESPONSIBLE FOR CHECKING YOUR LOTTO TICKETS AT YOUR LOCAL AUTHORIZED LOTTO RETAILER FOR FINAL RESULTS.

(“The Multi-State Lottery Association encourages all lottery players to be responsible in their amount of play. Never spend more than you can afford on any lottery product. Please remember, it's just a game.The Multi-State Lottery Association supports the efforts of the National Council on Problem Gambling to provide help for persons who may have a gambling problem. If you or someone you know has or might have a problem, please call 1-800-522-4700 for help or visit the National Council on Problem Gambling website at www.ncpgambling.org if you would like additional information on how to get help.To obtain additional information on state government supported problem gambling services, please visit the Association of Problem Gambling Service Administrators website atwww.apgsa.org. This website will allow you to obtain information on the public problem gambling specific services provided in each state. Also listed is the contact information for the administrator of those services in each member state.For general information on problem gambling, please visit http://www.naspl.org/links/index.cfm?Folderid=32.”)

Retrieved May 31, 2013, from http://www.powerball.com/pb_responsible.asp

 

3. MARKS APPLICATIONS LLC APPS:

These Terms of Service apply to all users of the MARKS APPLICATIONS LLC APPS. Information provided by our users through the MARKS APPLICATIONS LLC APPS/site may contain links to third party websites that are not owned or controlled by MARKS APPLICATIONS LLC. MARKS APPLICATIONS LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MARKS APPLICATIONS LLC will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that MARKS APPLICATIONS LLC shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

4. MARKS APPLICATIONS LLC ACCESS:

A. Subject to your compliance with these Terms of Service, MARKS APPLICATIONS LLC hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without MARKS APPLICATIONS LLC's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

5.  INTELLECTUAL PROPERTY RIGHTS:

The design of the MARKS APPLICATIONS LLC APPS along with MARKS APPLICATIONS LLC created text, scripts, graphics, interactive features , and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MARKS APPLICATIONS LLC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. MARKS APPLICATIONS LLC reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.

6. LIMITATION OF LIABILITY:

IN NO EVENT SHALL MARKS APPLICATIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MARKS APPLICATIONS LLC CLIENT, 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, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MARKS APPLICATIONS LLC 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 ENTIRELY WITH YOU.

The Service is controlled and offered by MARKS APPLICATIONS LLC from its facilities in the United States of America. MARKS APPLICATIONS LLC makes no representations that the MARKS APPLICATIONS LLC Service is appropriate or available for use in other locations. Those who access or use the MARKS APPLICATIONS LLC Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. ABILITY TO Accept Terms of Service:

You affirm that you are either more than 17 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the MARKS APPLICATIONS LLC Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the MARKS APPLICATIONS LLC Service. You further represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties. MARKS APPLICATIONS LLC is the developer of the Service.

8. ASSIGNMENT:

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MARKS APPLICATIONS LLC without restriction.

8. Return Policy:

You have 15 minutes from the time of download to return an application purchased on Google Play for a full refund. You may only return a given application once; if you subsequently purchase the same app again, you may not return it a second time. After the 15 minute return period all sales are final. No exchanges or refunds.

For information on how to return an app within the 15 minute return period.Please visit: https://support.google.com/googleplay/answer/134336?hl=en

10. Warranty Disclaimer:

YOU AGREE THAT YOUR USE OF THE MARKS APPLICATIONS LLC APPS/SITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MARKS APPLICATIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE, APPS AND YOUR USE THEREOF. MARKS APPLICATIONS LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND INACCURACIES OF WINNING NUMBER RESULTS  (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MARKS APPLICATIONS LLC SERVICE. MARKS APPLICATIONS LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MARKS APPLICATIONS LLC SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

ALL APPS THAT ARE OWNED BY MARKSAPPLICATIONS LLC ARE LICENSED “AS _ IS.”YOU BEAR THE RISK OF USING IT. MARKS APPLICATIONS LLC GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONIDTIONS. MARKS APPLICATIONS LLC RESERVE THE RIGHT TO ADD, REMOVE UPDATE ANY FEATURE OF ALL APPS.

 

Privacy Notice:

MARKS APPLICATIONS recognizes that its customers, visitors and users, want to know what's up with privacy. MARKS APPLICATIONS LLC provides this Privacy Policy to help you make an informed decision about whether to use or continue using the MARKS APPLICATIONS LLC Site, MARKS APPLICATIONS LLC Software and/or the MARKS APPLICATIONS LLC APPS. If you do not agree to our practices, please do not use the MARKS APPLICATIONS LLC Site, MARKS APPLICATIONS LLC Software, or MARKS APPLICATIONS LLC APPS.

This Privacy Policy is incorporated into and is subject to the MARKS APPLICATIONS LLC Terms of Service. Your use of the MARKS APPLICATIONS LLC Site, MARKS APPLICATIONS LLC Software and the MARKS APPLICATIONS LLC APPS and any personal information you provide on the MARKS APPLICATIONS LLC Site or MARKS APPLICATIONS LLC APPS remains subject to the terms of this Privacy Policy and our Terms of Service.

1 _ What Does This Privacy Policy Cover?

This Privacy Policy is part of MARKS APPLICATIONS LLC’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by MARKS APPLICATIONS LLC, including information obtained when you access the MARKS APPLICATIONS LLC’s Site, use the MARKS APPLICATIONS LLC APPS or any other software provided by MARKS APPLICATIONS LLC.

This Privacy Policy does not apply to the practices of companies that MARKS APPLICATIONS LLC does not own or control, or to individuals whom MARKS APPLICATIONS LLC does not employ or manage, including any of the third parties to which MARKS APPLICATIONS LLC may disclose user information as set forth in this Privacy Policy.

2 _The Information MARKS APPLICATIONS LLC Collects:

MARKS APPLICATIONS LLC may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):

3 _ User Provided Information:

You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to MARKS APPLICATIONS LLC when choosing to participate in various uses of the MARKS APPLICATIONS LLC Service.

 

4 _ Cookies Information:

When you visit the MARKS APPLICATIONS LLC Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. MARKS APPLICATIONS LLC uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the MARKS APPLICATIONS LLC Site may not function properly if the ability to accept cookies is disabled.

 

5 _ Log File Information: 

When you use the MARKS APPLICATIONS LLC Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the MARKS APPLICATIONS LLC Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.

 

6 _ The Information MARKS APPLICATIONS LLC Does Not Collect:

MARKS APPLICATIONS LLC does not collect names, emails, addresses or other contact information from its users’ mobile address book or contact lists other than mobile phone numbers—the MARKS APPLICATIONS LLC mobile application will associate whatever name the MARKS APPLICATIONS LLC user has assigned to the mobile telephone number in his/her mobile address book or contact list — and this occurs dynamically on the mobile device itself and not on MARKS APPLICATIONS LLC’s servers and is not transmitted to MARKS APPLICATIONS LLC.

7 _ The Way MARKS APPLICATIONS LLC Uses Information:

If you submit Personally Identifiable Information to us through the MARKS APPLICATIONS LLC Site, or MARKS APPLICATIONS LLC Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the MARKS APPLICATIONS LLC Site and MARKS APPLICATIONS LLC Service. In particular, your mobile phone number is essential to your use of the MARKS APPLICATIONS LLC Service and will be retained. Any billing information that may be collected from you will be deleted thirty (30) days after the termination of your account with MARKS APPLICATIONS LLC. We may use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major MARKS APPLICATIONS LLC Site or MARKS APPLICATIONS LLC Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the MARKS APPLICATIONS LLC Site and MARKS APPLICATIONS LLC Service and to create new features, promotions, functionality, and services by storing, tracking, and analysing user preferences and trends. Hopefully we improve the MARKS APPLICATIONS LLC Site and Service and don't make it suck worse. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the MARKS APPLICATIONS LLC Service or MARKS APPLICATIONS LLC Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.

8 _ When MARKS APPLICATIONS LLC Discloses Information:

We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the MARKS APPLICATIONS LLC Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the MARKS APPLICATIONS LLC Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. MARKS APPLICATIONS LLC also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that MARKS APPLICATIONS LLC believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the MARKS APPLICATIONS LLC Site or our servers, and to protect the rights, property, or personal safety of MARKS APPLICATIONS LLC, our users or others.

9 _ Your Choices:

You may, of course, decline to submit Personally Identifiable Information through the MARKS APPLICATIONS LLC Site or the MARKS APPLICATIONS LLC Service, in which case MARKS APPLICATIONS LLC may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the MARKS APPLICATIONS LLC mobile application and discontinue use of the MARKS APPLICATIONS LLC Service; your continued usage of the MARKS APPLICATIONS LLC Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps  to verify your identity before registering your mobile phone number and granting you access to the MARKS APPLICATIONS LLC Service. Please contact MARKS APPLICATIONS LLC via email to support@marksapplications.com or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

10 _ Third-party Advertisers, Links to Other Sites:

We are not fans of advertising. MARKS APPLICATIONS LLC is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section.

 

11_ Special Note to International Users:

The MARKS APPLICATIONS LLC Site and Service are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the MARKS APPLICATIONS LLC Site and Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the MARKS APPLICATIONS LLC Site and Service, which are governed by MICHIAGAN law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you expressly consent to that transfer and consent to be governed by MICHIGAN law for these purposes.

12 _ In the Event of Merger, Sale, or Bankruptcy:

In the event that MARKS APPLICATIONS LLC is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

13 _ Changes and updates to this Privacy Notice:

This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the MARKS APPLICATIONS LLC Site and MARKS APPLICATIONS LLC APPS constitutes your agreement to this Privacy Policy and any amendments.

Date Last Modified:

This Privacy Notice was last modified MAY 25th, 2013

     

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