Terms of Service
LOLapps's Terms of Service
Welcome to LOLapps!
LOLapps Media, Inc. ("LOLapps," "we" or "us") provides a way for users to create quizzes on Facebook using our Quiz Creator Facebook Application (the "Application"). Please read the following terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Application, including any content, information, products or Services therein. This is a legal agreement between you and LOLapps and applies to you whether you are a registered user of the Application ("Member") or a non-registered user just browsing (collectively "LOLapps Users").
YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, OR BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.
1. Modification of the Application or Terms of Service.
LOLapps reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Application and Services, or modify these Terms of Service without notice. All modified terms and conditions will be effective after they are posted on the Application (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Application and Services, and if applicable, cancel your Account (defined below). By continuing to access or use the Application and Services after LOLapps makes any such modification, you agree to be bound by the revised Terms of Service.
2. Registration and Eligibility.
a. To become a Member you must be at least 13 years old. In order to access certain features of the Application and Services, and to post User Submissions (defined below), you will have to become a Member and set up a LOLapps account ("Account"), with a corresponding username and password. Your username and password will permit you to access certain secure areas of the Application only available to Members. We encourage you to checkout our Privacy Policy for information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from Members.
b. You are responsible for safeguarding and maintaining the confidentiality of your corresponding Account information. You agree not to disclose your Facebook password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify LOLapps of any unauthorized use of your Account or any other breach of security within (24) twenty-four hours of such use being known to you.
3. Content.
Certain types of content are made available through the Application. "LOLapps Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available through the Application, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and other content and information which Members post, upload and otherwise submit to the Application, including without limitation in any quizzes you create using the Application. LOLapps RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY LOLapps CONTENT OR USER SUBMISSIONS FROM WITHOUT NOTICE.
4. Your Obligations in Using the Application and Services.
The Application and Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Application and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Application or Services:
a. Circumvent, disable or otherwise interfere with security related features of the Application or features that prevent or restrict use or copying of any LOLapps Content;
b. Upload, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
c. Use any meta tags or other hidden text or metadata utilizing a LOLapps name, trademark, URL or product name;
d. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
e. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Application or Services to send altered, deceptive or false source-identifying information;
f. Upload, post, email, or otherwise transmit, via the Application or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of LOLapps;
g. Upload, post, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any LOLapps User, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Application;
h. Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
i. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Application, servers or networks connected to the Application or the technical delivery systems of LOLapps's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Application;
j. Attempt to probe, scan or test the vulnerability of any LOLapps system or network or breach or impair or circumvent any security or authentication measures protecting the Application or Services;
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Application or Services;
l. Attempt to access, search or meta-search the Application with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by LOLapps or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Application to determine how a website or web page ranks.
m. Collect or store personal data about other LOLapps Users without their express permission;
n. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
o. Use the Application or Services in any manner not permitted by this Agreement; or
p. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.
q. Direct users to any URL other than the Callback URL provided by LOLapps for a Facebook application that has been created and/or promoted using the Application.
5. Termination; Cancellation.
a. We may immediately terminate or suspend your access to the Application and Services and remove any material (including User Submissions) from the Application or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Application, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. LOLapps is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, LOLapps will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
b. You may terminate your Account at any time and for any reason by removing the application from your Facebook account.
c. Any suspension, termination or cancellation will not affect your obligations to LOLapps under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
6. Third Party Links.
The Application may provide links to third party websites or resources from the Application. You acknowledge and agree that LOLapps is not responsible or liable for the availability or accuracy of, and LOLapps does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Intellectual Property Rights and Ownership.
a. Content.
The past, present, and future content of the LOLapps Service, including, without limitation, all applicable software in any format, organization, designs, text, images, photographs, illustrations, compilations, audio and video material, artwork, graphic material, podcasts, advertising copy, databases, apps, proprietary information, all copyrightable or otherwise legally protectable elements of the LOLapps Service (including source and object code) and all other materials related to the LOLapps Service, created using the service, and the LOLapps Service itself, including without limitation the selection, sequence, and 'look and feel' and arrangement of items on the LOLapps Service and the LOLapps Service itself, and all trademarks, service marks, trade names, trade identities, logos, domain names, patents, and other intellectual property (individually and collectively, "Material") are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are, as between LOLapps and you, the property of LOLapps. All apps created using the LOLapps Service are property of LOLapps. The Material is legally protected, without limitation, under United States federal and state, as well as applicable foreign laws, regulations, and treaties. Except as expressly set forth in this Agreement or otherwise expressly granted to you in writing by LOLapps, no rights (either by implication, estoppel or otherwise) to the Materials are granted to you.
The LOLapps Service is to be used solely for your noncommercial, non-exclusive, and limited personal use and for no other purposes without the express prior written consent of LOLapps. You agree to abide by all copyright notices, information, or restrictions contained on any part of the LOLapps Service. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the LOLapps Service, including notices on any Material you download, transmit, display, print, or reproduce from or using the LOLapps Service. Except as may be expressly granted to you in this Agreement, you will not, nor will you allow any third party (whether or not for your benefit) to: copy, archive, store, reproduce, rearrange, modify, download, upload, exchange, post, transmit, create derivative works from, display, perform, publish, distribute, redistribute, disseminate, broadcast, circulate, sell, lease, rent, or otherwise use (including the removal or alteration of advertising), any Material. Any unauthorized or prohibited use of any Material is strictly prohibited and may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, and local laws.
b. User Submissions.
(i) License Grant. By uploading, posting, emailing or otherwise transmitting any User Submission to LOLapps or on the Application, you automatically grant, and you represent and warrant that you have the right to grant, LOLapps a non-exclusive, fully paid, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the Application and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to LOLapps. LOLapps will own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by LOLapps, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by LOLapps to give to LOLapps the full benefit of the rights granted to LOLapps by you.
(ii) Limitations. You acknowledge and agree that LOLapps may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Application, the maximum size of any files that may be stored on or uploaded to the Application, and the maximum disk space that will be allotted to you for the storage of User Submissions on LOLapps's servers. LOLapps will have no responsibility or liability for and you are solely responsible for creating back-ups of your User Submissions.
(iii) Disclaimer. LOLapps has no ability to control the User Submissions that are uploaded, posted, emailed or otherwise transmitted using the Application or Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by Members, including without limitation any information obtained by using the Application. LOLapps does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LOLapps with respect thereto.
8. Copyrighted Materials: No Unauthorized Use.
YOU WILL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. LOLapps has adopted and implemented a policy that provides for the termination in appropriate circumstances of the Accounts of Members who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the LOLapps Copyright Policy for further information.
9. Disclaimer of Warranties.
YOUR USE OF THE SITE, SERVICES, LOLapps CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SITE, SERVICES, LOLapps CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. LOLapps EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, LOLapps CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. LOLapps DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; OR (II) THAT THE SITE, SERVICES, LOLapps CONTENT AND USER SUBMISSIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOLapps, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability.
IN NO EVENT WILL LOLapps, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, LOLapps CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT LOLapps HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL LOLapps'S CUMULATIVE LIABILITY TO YOU EXCEED $10.
11. Indemnification.
You agree to defend, indemnify, and hold LOLapps, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Application, Services, LOLapps Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing.
12. General.
This Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Terms of Service will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of LOLapps and any prohibited assignment will be null and void. LOLapps may assign these Terms of Service or any rights hereunder without your consent. The relationship of the parties under this Terms of Service is that of independent contractors, and this Terms of Service will not be construed to imply that either party is the agent, employee, or joint venturer of the other. You agree that this Terms of Service and the rules, restrictions and policies contained herein, and LOLapps's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and LOLapps. This Terms of Service together with the rules and policies of LOLapps constitutes the entire agreement between LOLapps and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by LOLapps via email (in each case to the address that you provide), (b) a posting on the Application, or (c) by you via email to info [at] mintbean.com or to such other addresses as LOLapps may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.