WELCOME TO LOLLICAMP!
These Terms applies to all visitors, users, and others who access the Service, including service providers (collectively “Users”, and each such user, a “User”, “you”, or “your”).
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Lollicamp, whether or not you become a registered user of the Services. If you do not agree to these Terms, you may not access or use the Services. Lollicamp may, at its own discretion, immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Failure to use the Service in accordance with these Terms may subject you to civil or criminal penalty.
Lollicamp may amend the Terms related to the Services from time to time. Amendments will be effective upon our posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Lollicamp provides an online platform to connect service providers who provides camps, classes, and/or after-school programs or activities (“Provider”) with users who may seek to join such programs or activities as paid or free service (“Parent”). Through the platform, Providers may create listing that provide information about Providers’ offering (“Listing”) and make it available as services to Parents (each such service, a “Program”), and Parents may discover, explore, and book such Programs.
PLATFORM NATURE OF THE SERVICE
You understand and agree that Lollicamp is not a party to any agreement directly entered into between Providers and Parents or between any other Users, nor is Lollicamp a provider, operator, agent or insurer of Listings or Programs. Lollicamp has no control over the conduct of Providers, Parents and other Users of our Service, and disclaims all liability in this regard to the maximum extent permitted by law.
Additional registration requirements for a particular Program may be set by the Provider of the related Listing. If Provider wishes to provide Programs to Parents pursuant to terms other than this Term, Provider must directly provide those terms to the Parent.
ELIGIBILITY, REGISTRATION AND ACCOUNT
You must be at least 18 years old to access or use the Services. By using our Services, you represent and warrant that you are at least 18 years old. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Term. The Service is not available to any Users previously removed from the Service by Lollicamp.
In order to access certain features of the Services, you must register to create an account ("Member Account") and become a User with Member Account (“Member”). You may register to create a Member Account directly via the Services.
You may also register for a Member Account using your login credentials from a third-party social networking site (“SNS Account”). As part of the registration and use of Services, you may link your Member Account with SNS Accounts, by either: (i) providing your SNS Account login information to Lollicamp; or (ii) allowing Lollicamp to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to Lollicamp and/or grant Lollicamp access to your SNS Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating Lollicamp to pay any fees or making Lollicamp subject to any usage limitations imposed by such third-party service providers. By granting Lollicamp access to any SNS Accounts, you understand that Lollicamp will access, make available and store (if applicable) any information that you have provided to and stored in your SNS Account so that it is available as part of the information that you provide and are solely responsible for. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Lollicamp makes no effort to review, and is not responsible for, any information from your SNS Account for any purpose, including but not limited to for accuracy, legality or non-infringement.
You may not have more than one active Member Account. You may never use another User’s Member Account without permission. You further agree to (a) provide accurate, truthful, current and complete information; (b) maintain and promptly update your Member Account information upon any changes; (c) maintain the security of your Member Account by protecting your password and not disclosing your password to any third party; (d) take responsibility for all activities that occur under your Member Account, whether or not you have authorized such activities or actions; and (e) promptly notify Lollicamp if you discover or otherwise suspect any unauthorized use of your Member Account.
By providing Lollicamp your email address or SNS Account, you consent to our using the email address provided or associated with your SNS Account to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. Any service providers you have enrolled with through Lollicamp may also email you regarding the activity or special offers. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Member Account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
REGISTRATIONS AND FINANCIAL TERMS FOR PARENTS
The Providers, not Lollicamp, are solely responsible for honoring any confirmed registrations and making available any Programs registered through the Services. If you, as a Parent, choose to enter into a transaction with a Provider for the registration of a Program, you agree and understand that you will be required to enter into an agreement with the Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Program imposed by the Provider. You acknowledge and agree that you, and not Lollicamp, will be responsible for performing the obligations of any such agreements, that Lollicamp is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Lollicamp disclaims all liability arising from or related to any such agreements.
You agree to pay for the Total Due Amount (defined below) for any confirmed registrations made in connection with your use of Lollicamp as a Parent. Total Due Amount are comprised of net program fees (“Program Fees”) which include fees associated to the enrollment of the program (“Gross Enrollment”), offset by discounts issued by providers (“Provider Discounts”) and promotions issued by providers (“Provider Promo Codes”), and credits issued by Lollicamp in form of Account Credits or Account Promo Codes (defined below).
Some banks and credit card companies impose fees for international transactions. If you are making a registration from outside of the United States on a non-US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the Total Due Amount for a reservation booked on the Services. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank. Please note that Lollicamp cannot control any such fees, and disclaims all liability in this regard.
CANCELLATIONS AND REFUNDS
If, as a Parent, you wish to cancel a confirmed registration made via the Services, either prior to or after starting of a Program, your ability to cancel a registration or enrollment, or to obtain refunds, is determined ultimately by the Service Provider. Your ability to make cancellation via the Services and our ability to refund any or all Total Due Amount charged to you will be limited and depend upon, among other things, your confirmed registration was made through your Member Account, your available payment balance, completion of Programs in the order, the availability of Program Fees before transfer to provider’s bank account, the existence of any chargeback, and the terms of the applicable cancellation policy as contained in the applicable Listing at the time of registration.
As parent, you acknowledge and agree that in case of cancellation, the validity or amount of Provider Discounts and Provider Promo Codes will be reassessed based on the revised order, and any reduction in this regard will be deducted from refunds, if available. In case you used Account Credit and/or Account Promo Code at the time of registration, you acknowledge and agree that upon cancellation your refund will exclude such Account Credit and/or Account Promo Code and certain amount in your refund may be withheld by Lollicamp, at our own discretion, to ensure the appropriateness of your refund. Refund in cash value of any due amount, if withheld, will only be issued after the completion of all programs in your order or upon the cancellation of the entire order. Alternatively, you may elect to receive the withheld amount in Account Credit. In case you have obtained refund directly from the Provider, you agree that you are liable for and will owe to Lollicamp for the difference between the refund you are entitled and the amount of refund you received from both the Provider and the Services.
SPECIFIC TERMS REGARDING ACCOUNT CREDITS AND PROMOTIONAL CODE
Lollicamp, at our sole discretion, may issue credits to a Member in Member Account (“Account Credits”). Account Credits may only be redeemed for confirmed registrations via the Services, and may be applied to a confirmed registration of your choice made via the Services. Account Credits are credit only and in no event can they be transferred, refunded or exchanged for cash. You may only redeem Account Credits after the Account Credits are reflected in your Member Account. The scope, variety, and type of services that you may obtain by redeeming Account Credits can change at any time.
Account Credits expire two (2) years from the date that any Account Credits are last accrued in your Member Account. If for some reason you believe that there is a discrepancy regarding your balance of Account Credits, please contact us. We may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at our sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Account Credits.
Without limiting any other terms of these Terms and subject to applicable law, all Account Credits are forfeited if your Member Account is terminated or suspended for any reason, in our sole discretion, or if we discontinue providing the Services.
Lollicamp may, from time to time and at our sole discretion, issue promotional codes (“Account Promo Codes, or individually Account Promo Code”) to existing or potential Users. Account Promo Codes are in no event refundable, or exchangeable for cash. Lollicamp is not responsible for stolen or lost Promo Codes. We reserve the right to cancel Promo Codes obtained fraudulently.
Account Promo Codes are redeemable against Programs made available and orderable by Providers via the Services. Account Promo Codes remain valid until they have been utilized or the expiration date has passed, subject to relevant local laws. Account Promo Codes can only be utilized once. If the value of the Program is less than what’s available in your Account Promo Code, any unused balance will be forfeited.
Lollicamp may, in its sole discretion, round up or round down amounts that are payable from or to Users to the nearest whole functional base unit in which the currency is denominated.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Lollicamp cannot and does not offer tax-related advice to any Users of the Services.
The Services include areas where you can create, post, store or transmit content, review, profile, messages, materials, or other items or materials on the Services (collectively, “User Content”).
You are solely responsible for any User Content that you submit, post or transmit via our Services. You agree not to post, upload, transmit, distribute, store, create or otherwise publish (collectively, “upload”) through the Services, User Content that we believe, in our sole discretion: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal or harmful activities or substances; (viii) contains private or personal information about another person, unless such person has agreed to the disclosure of this information; (ix) contains unsolicited promotions, political campaigning, advertising or solicitations, without our prior written consent; (x) contains viruses, corrupted data or other harmful, disruptive or destructive file viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xi) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content; or (xii) would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Services, you may not and you agree that you will not:
i) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
ii) infringe the rights of any person or entity, including without limitation, the intellectual property, privacy, publicity or contractual rights;
iii) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other members from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
iv) stalk, intimidate, threaten or otherwise harass or cause discomfort to any other Member of our Services;
vi) use software, scripts, or other means or processes to access, "scrape," "crawl" , "spider", or interact with any web pages or other services contained in the Services;
vii) collect, copy, store, transmit, distribute, post, submit or otherwise access or use any information contained on the Services for purposes not expressly permitted by these Terms;
viii) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
ix) use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
x) use the Services in connection with the distribution of unsolicited bulk email or any other unsolicited messages of a commercial, religious, romantic, political or other nature not within the intended purposes of the Services ("spam")
xi) use our Services for any commercial or other purpose whatsoever that are not expressly permitted by these Terms;
xii) register for more than one Member Account or register for a Member Account on behalf of an individual other than yourself;
xiii) contact a Provider for any purpose other than asking a question related to an existing or potential registration, such Provider's Listings or Programs;
xiv) contact a Parent for any purpose other than asking a question or giving relevant information related to a registration or such Parent's use of the Services;
xv) contact a User for any purpose other than engaging in a communication that is respectful and considerate in nature, and that is not otherwise in violation of the Terms;
xvi) recruit or otherwise solicit any Provider or other Member to join third-party services or websites that are competitive to Lollicamp, without Lollicamp's prior written approval;
xvii) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
xviii) use the Services to find a Provider or Parent and then complete a registration of a Program independent of the Services, in order to circumvent the obligation to pay Lollicamp related to its provision of the Services or for any other reasons;
xix) circumvent or attempt to probe, scan, test, breach, or defeat any security or verification measure relating to use of the Services;
xx) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented to protect the Services;
xxi) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
xxii) hold yourself out as an agent, representative, employee or affiliate of Lollicamp without written approval from Lollicamp; or
xxiii) advocate, encourage, or assist any third party in doing any of the foregoing.
Lollicamp reserves the right to investigate and take appropriate legal action against anyone who, in Lollicamp’s sole discretion, violates these provisions, including without limitation, removing the offending User Content from the Service, suspending or terminating the Member Account of such violators and reporting you to the law enforcement authorities.
THIRD PARTY RESOURCES
You acknowledge and agree that the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, patents, copyrights, trademarks, service marks, logos, trade names, photographs, audio, videos, music, and User Content belonging to other Users ("Lollicamp Content"), and all Intellectual Property Rights (defined below) related thereto, are the exclusive property of Lollicamp and its licensors (including other Users who post User Content to the Service), with the exception of your own User Content and trademarks, service marks, logos, trade names and any other proprietary designations of other parties (“Third Party Trademarks”).
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, 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.
The Services and Lollicamp Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part, except your own User Content that you legally upload to the Service.
Subject to your compliance with the terms and conditions of these Terms, Lollicamp grants you a limited, non-exclusive, non-transferable license, to (i) access and view any content that Lollicamp makes available through the Services, including any content from a third party, and (ii) access and view any User Content to which you are permitted access but excluding your own User Content, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Lollicamp or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to upload User Content. By making available any User Content on or via the Services, you hereby grant us a perpetual (i.e. lasting forever), worldwide, irrevocable, non-exclusive, royalty-free and fully sub-licensable (i.e. we can grant this right to others) license to use, reproduce, display, perform, adapt, modify, create derivative works from, distribute, have distributed and promote such User Content in any form, in all media now known or hereinafter created (including in emails or other communications to our members) to administer, operate, develop and otherwise provide the Services.
You represent and warrant that your User Content is not in violation to the foregoing provision, and that (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Lollicamp the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Lollicamp's use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You acknowledge and agree that under no circumstances will Lollicamp be liable in any way for any content or materials of any third parties (including Members), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
You acknowledge and agree that Lollicamp may preserve your information and may also disclose your information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) respond to claims asserted against Lollicamp or to comply with legal process, (ii) enforce or administer these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Lollicamp, its users, or members of the public.
You acknowledge that Lollicamp has no obligation to monitor your access to or use of the Services or to review or edit any User Content, but has the right to do so for the purpose of operating and improving the Services including without limitation for fraud prevention, risk assessment, investigation and customer support purposes, to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Lollicamp reserves the right, at any time and without prior notice, to remove or disable access to any content that Lollicamp, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
SUSPENSION, TERMINATION AND ACCOUNT CANCELLATION
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Member Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (i) your Member Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Services, your Member Account, your User Content, or receive assistance from our customer service, (ii) any pending or accepted future registrations as either Provider or Parent will be immediately terminated, and (iii) you will not be entitled to any compensation for registrations (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Member Account. You may cancel your Member Account at any time via the "Cancel Account" feature of the Services. Please note that if your Member Account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Services, including, but not limited to, any reviews. You further acknowledge and agree that if your Member Account is delinquent or you otherwise have delinquent amount owe to Lollicamp, you may be charged fees that are incidental to our collection of these delinquent amounts. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent Member Accounts will be made by electronic mail or by phone. Such communication may be made by Lollicamp or by anyone on its behalf, including but not limited to a third party collection agent.
THE INFORMATION IN THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. INFORMATION ON THIS WEBSITE DOES NOT CONSTITUTE AN OFFER BINDING TO US.
LOLLICAMP DOES NOT ENDORSE ANY USER OR ANY PROGRAM. ALTHOUGH USER OR PROGRAM PROVIDERS ARE REQUIRED BY THESE TERMS TO PROVIDE ACCURATE INFORMATION, WE DO NOT MAKE ANY REPRESENTATIONS ABOUT, CONFIRM, OR ENDORSE ANY USER OR THE USER'S PURPORTED IDENTITY OR BACKGROUND.
YOU ACKNOWLEDGE AND AGREE THAT LOLLICAMP DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND, REGISTERED SEX OFFENDER, OR CRIMINAL CHECKS ON ANY MEMBER, BUT MAY CHOOSE TO CONDUCT SUCH BACKGROUND, REGISTERED SEX OFFENDER, OR CRIMINAL CHECKS IN ITS SOLE DISCRETION.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PROVIDERS OR PARENTS. YOU UNDERSTAND THAT LOLLICAMP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR ATTEND ANY PROGRAMS OR EVENTS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. LOLLICAMP EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PARENT OR OTHER THIRD PARTY.
BY USING THE SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER MEMBERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR MEMBERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM LOLLICAMP WITH RESPECT TO SUCH ACTIONS OR OMISSIONS. ACCORDINGLY, WE ENCOURAGE YOU TO COMMUNICATE DIRECTLY WITH OTHER MEMBERS VIA THE SERVICES REGARDING ANY BOOKINGS, PROGRAMS, OR LISTINGS MADE BY YOU. THIS LIMITATION SHALL NOT APPLY TO ANY CLAIM BY A PROVIDER AGAINST LOLLICAMP AND/OR ANY THIRD PARTY AUTHORIZED BY US REGARDING THE REMITTANCE OF PAYMENTS RECEIVED FROM A PARENT BY LOLLICAMP ON BEHALF OF A PROVIDER, WHICH INSTEAD SHALL BE SUBJECT TO THE LIMITATIONS DESCRIBED IN THE SECTION BELOW ENTITLED "LIMITATION OF LIABILITY".
THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LOLLICAMP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF THE SERVICES. LOLLICAMP MAKES NO WARRANTY THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY PROGRAMS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LOLLICAMP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS OR ANY PROGRAMS, OR RELIABILITY OF ANY LOLLICAMP CONTENT OR USER CONTENT OBTAINED THROUGH THE SERVICES. LOLLICAMP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LOLLICAMP OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOLLICAMP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOLLICAMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY MEMBERS OR THIRD PARTY ON OR VIA THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL LOLLICAMP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LOLLICAMP IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
You agree to release, defend, indemnify, and hold Lollicamp and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or your violation of these Terms; (ii) your User Content; (iii) your interaction with any User; (iv) your registration of a Program; (vii) your participation of any Program; and (viii) the execution of your Programs, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Program or Event.
If you are a resident in the state of California, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of North Carolina in the United States of America, without regard to its conflict-of-law provisions. The parties hereby irrevocably and unconditionally agree to the jurisdiction of the courts of the State of North Carolina, and all courts competent to hear appeals there from.
You and Lollicamp agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, "Disputes"), which are not resolved by mutual agreement after sixty (60) days from when you first raise the Disputes to firstname.lastname@example.org, will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Lollicamp are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Lollicamp otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. This "Dispute Resolution" section will survive any termination of these Terms.
You agree that regardless of any statute or law to the contrary, any Dispute arising out of or related to use of the Service or these Terms must be filed within one (1) year after such Dispute or cause of action arose or be forever barred. You acknowledge and agree that any Dispute should be submitted by either party to arbitration in Wake County, North Carolina, the United States of America and in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association, except as modified by this "Dispute Resolution" section. The party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitration shall be conducted by one arbitrator, who shall be (i) appointed in the sole discretion of the American Arbitration Association administrator and (ii) a licensed attorney in the state of North Carolina with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of consumer related dispute.
The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of North Carolina sitting without a jury. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The prevailing party will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
Entire Agreement - These Terms constitute the entire and exclusive understanding and agreement between Lollicamp and you and govern your use of the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Lollicamp and you regarding the Services.
Assignment - You may not assign or transfer these Terms, by operation of law or otherwise, without Lollicamp's written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Lollicamp may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Waiver - The failure of Lollicamp to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lollicamp.
Severability - If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Notice - Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Lollicamp (i) via email (in each case to the address that you provide) or (ii) by uploading to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Survival – The following sections shall survive any termination or expiration of these Terms: (PLATFORM NATURE OF THE SERVICE), (NO ENDORSEMENT), (THIRD PARTY RESOURCE), (MEMBER CONDUCT), (LIMITATION OF LIABILITY), (INDEMNIFICATION), (GOVERNING LAW), (DISPUTE RESOLUTION), (MISCELLANEOUS)
If you have any questions about these Terms or suggestions, please contact Lollicamp at email@example.com.
Last modified on 05/06/2018