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TERMS OF USE

Last updated: September 10, 2012

Welcome to Lolly Wolly Doodle! These terms of use (these “Terms of Use”) and the Lolly Wolly Doodle Privacy Policy (the “Privacy Policy”) govern your (“you” or “your”) access to and use of the http://lollywollydoodle.com, http://facebook.com/lollywollydoodle, and http://lollywollydoodleinfo.com/deals (collectively, the “Websites”) and all services provided by Lolly Wolly Doodle via the Websites (collectively, the “Services”). The Websites and the Services are provided by Lolly Wolly Doodle, Inc. (“Lolly Wolly Doodle”, “we” “us” or “our”).

1.  Acceptance of Terms.

Please read these Terms of Use carefully, as they may have changed since your last visit. The most recent version of these Terms of Use may be viewed at lollywollydoodle.com/terms_of_use.html. The Websites may contain, and Lolly Wolly Doodle reserves the right to post, additional terms and policies governing your access to and use of our Websites and Services and all such terms and policies are hereby incorporated by reference into this Terms of Use. In the event of a conflict between such terms and policies and this Terms of Use, the terms and policies on the Websites shall govern. By accessing or using our Websites or Services, you indicate your unconditional acceptance of, and agree to be bound by, these Terms of Use. If you do not accept these Terms of Use, or any changes thereof, then do not use or continue to use the Services or the Websites.

2.  Scope of Services.

Lolly Wolly Doodle maintains the Websites as a service to the user community that visits the Websites. You are responsible for obtaining any equipment and internet service necessary to access our Websites and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue the Websites or the Services in whole or in part, at any time and for any reason, without notice or liability to you. The Websites may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

3.  Website Content and Notification.

The term “Content” means all information, text, images, data, links, software, or other material accessible through the Websites or Services, whether created by us or provided by another person or entity for display on the Websites or through the Services.

Lolly Wolly Doodle hereby grants you a personal, non-transferable, revocable, non-exclusive license to access and use the Content of the Websites and the Services solely for your personal use, subject to these Terms of Use and any other terms of use or licenses governing the Content. Lolly Wolly Doodle may terminate such license at any time for any reason or no reason. Some of the Content on our Websites is trademarked or copyrighted by third parties and displayed to you under license and you agree to be bound by any such license.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to content, descriptions or specifications or other information of the Content, without obligation to issue any notice of such changes.

As a user of the Websites or our Services, you consent to the receipt of emails, text messages or other notifications from us, including without limitation any notices required by law, in lieu of communication by postal mail. You may opt-out from receiving such email or text messages by emailing privacy@lollywollydoodle.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

Except for the Content submitted by you or our other users, all Content contained on the Websites are the properties of Lolly Wolly Doodle and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

4.  User Account.

You may register with certain Website(s) by providing certain truthful information about you, as specified on the applicable Websites. All information that you provide to Lolly Wolly Doodle is subject to the Privacy Policy. You do not have to register with our Websites, but not all functions or areas of Websites may be made available to you if you do not register with our Websites.

You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activities that occur on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

We may terminate or suspend your access to or use of our Websites or Services (including, without limitation, terminating your access to and/or right to post on our Facebook wall(s)) in our sole discretion, for any reason and at any time, with or without prior notice. You agree that we are not liable to you or any third party for any termination of your access to our Websites or Services.

5.  Orders and Payments.

Subject to any order placement and/or fulfillment policy set forth on the applicable Website, Lolly Wolly Doodle has sole discretion with respect to whether and how any order for our products you place with us will be fulfilled.

You shall promptly pay us for any order of our products or services that you make through our Websites or Services, but in no event later than the date or time period we listed on the applicable Website or in our notice to you. We reserve the rights to (a) charge you shipping and any applicable sales taxes for any order of our products that you place with us and (b) accept or reject any request for returns or refunds at our sole discretion.

All information that you provide to register with Lolly Wolly Doodle including your credit card information is subject to the Privacy Policy. By submitting your credit card information, you grant Lolly Wolly Doodle the right to store and process your information with a third party payment service, which Lolly Wolly Doodle may change from time to time; you agree that Lolly Wolly Doodle will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of the third party payment provider in addition to these Terms of Use. You acknowledge that we may change the third party payment service and move your information to other service providers.

6.  Content Submitted by You.

Lolly Wolly Doodle does not claim ownership of any materials you submit to us or make available through the Websites. You hereby grant Lolly Wolly Doodle a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works of, and sublicense such materials or any part of such materials. You hereby represent and warrant that any such materials do not (a) include anything (including but not limited to text, images, music or video) to which you do not have the full right to grant Lolly Wolly Doodle the license specified above or (b) contain libelous or otherwise unlawful, abusive or obscene material. Lolly Wolly Doodle will be entitled to use any materials submitted by you without incurring obligations of confidentiality, attribution or compensation to you. You also agree that Lolly Wolly Doodle is free to use, sell, and/or disclose any ideas, concepts, know-how, or techniques that you send us for any purpose, with any compensation to you.

If you choose to provide information to register for or participate in a service, event, or promotion on the Websites or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested by us.

7.  Content Submitted by Users.

We are not responsible or liable for the conduct of users on our Websites or for any views, opinions and statements expressed in Content submitted for public display through our Websites, such as Facebook posts. We do not prescreen the Content posted to our Websites by third parties and are not responsible for any such Content. Any opinions, advice, statements, services, offers, or other information in such Content expressed or made available are those of the respective author(s) or distributor(s) and not of Lolly Wolly Doodle. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. Users are responsible for ensuring that the Content submitted to the Websites by them are not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity.

8.  Monitoring.

You are solely responsible for your interactions with other users of the Websites and/or Services. We reserve the right, but have no obligation, to monitor disputes between you and any such other users. Lolly Wolly Doodle shall have no liability for your interactions with any such other users, or for such user's action or inaction.

We reserve the right, but have no obligation, to monitor the Content, to determine compliance with these Terms of Use and any other applicable rules that we may establish. We have the right to remove or edit any Content that Lolly Wolly Doodle, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable.

9.  Links to Third-Party Websites.

The Websites may contain links to third party websites that are provided to you as a convenience. Any outside website accessed from our Websites is independent from Lolly Wolly Doodle, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party websites.

10.  No Implied Endorsements.

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Lolly Wolly Doodle of that third party or of any product or service provided by a third party. Lolly Wolly Doodle does not endorse, warrant or guarantee any product or service offered by any third party through the Websites and will not be a party to or in any way monitor any transaction involving any third party providers of products or services.

11.  Prohibited Conduct.

By accessing our Websites or the Services, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Websites to:

  1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, in each case as determined by Lolly Wolly Doodle;

  2. Use a name or language that Lolly Wolly Doodle, in its sole discretion, deems offensive;

  3. Post defamatory statements;

  4. Post hateful or racially or ethnically objectionable Content;

  5. Post Content which infringes another's copyright, trademark or trade secret;

  6. Post unsolicited advertising or unlawfully promote products or services;

  7. Harass, threaten or intentionally embarrass or cause distress to another person or entity;

  8. Impersonate another person;

  9. Promote, solicit, or participate in any multi-level marketing or pyramid schemes;

  10. Engage in disruptive activity;

  11. Introduce viruses, worms, Trojan horses and/or harmful code to the Websites;

  12. Obtain unauthorized access to any computer system through the Websites;

  13. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age);

  14. Solicit personal information from children under 13 years of age;

  15. Violate any federal, state, local, or international law or regulation;

  16. Encourage conduct that would constitute a criminal or civil offense; or

  17. Access (or attempt to access) the Websites or any of the Services through any automated means (including use of scripts or web crawlers).

12.  Copyright Infringement; Notice and Take Down Procedures.

If you believe that any Content infringes your copyright, you may request that it be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the Content, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the Content is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to the Websites is: Copyright Agent, 1120 Piedmont Drive, Lexington, NC 27295, USA.

13.  Disclaimer of Warranty.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, WEBSITES, AND CONTENT ON OR ACCESSIBLE FROM THE WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOLLY WOLLY DOODLE DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE WEBSITES IS ACCURATE OR FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES PROVIDED BY THE WEBSITES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, (v) THE PRODUCTS APPEAR SIMILAR TO THEIR APPEARANCE IN REAL LIFE; (vi) THE WEBSITES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (vii) WE HAVE ADEQUATE INVENTORY TO FULFILL YOUR ORDER FOR OUR PRODUCTS; (viii) WE WILL FULFILL OR BE OBLIGATED TO FULFILL ANY ORDER FOR OUR PRODUCTS YOU PLACE THROUGH THE WEBSITES OR USING THE SERVICES; OR (ix) PRODUCTS WILL BE DELIVERED WITHIN THE DELIVERY TIME OR ESTIMATED DELIVERY TIME INDICATED BY LOLLY WOLLY DOODLE.

14.  Indemnification.

By using the Websites or our Services, you agree to indemnify, hold harmless and defend Lolly Wolly Doodle from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with the materials you submit to the Website(s) or use of the Websites, Content, or Services by (a) you or (b) any person using your member login account.

15.  Limitation of Liability.

IN NO EVENT SHALL LOLLY WOLLY DOODLE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITES, THE CONTENT, THE SERVICES, OR ANY INFORMATION CONTAINED THEREON OR THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

16.  Minors.

The Websites and the Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use the Websites and the Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities of such individual under the age of 18.

17.  International Access.

The Websites and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties.

18.  Enforcement.

These Terms of Use shall be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms of Use shall be finally resolved by arbitration conducted in the English language in New York, New York, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of New York. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of New York or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.

19.  Severability.

If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

20.  Entire Agreement and Amendment.

These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

21.  Assignment.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lolly Wolly Doodle without restriction. Any assignment contrary to this section shall be void.

22.  Waiver.

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Lolly Wolly Doodle’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

23.  Survival.

Upon termination of these Terms of Use or your access to the Services or Websites for any reason or no reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

24.  Additional Information.

If you have any questions about these Terms of Use, please contact us at https://lollywollydoodleinfo.com/fbt/cs.php.

Copyright © 2012, Lolly Wolly Doodle, Inc. All Rights Reserved.