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TERMS OF USE

Alllol.com operates this website (the “Site”) and future possible affiliated websites(individually and collectively the “Affiliated Site(s).” The Site and the Affiliated Sites are sometimes individually and collectively referred to herein as the “Alllol.com Site(s)” and/or “we”/“us.” Please read these Terms of Use before using any of the Alllol.com Sites or any of the services available thereon (the “Services”). These Terms of Use combined with the Privacy Policy and the Copyright Policy comprise the agreement that governs your use of all of the Alllol.com Sites and the Services (the “Agreement”). By using or accessing any of the Alllol.com Sites and/or the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use any of the Alllol.com Sites or the Services. We may change, suspend or discontinue any of the Alllol.com Sites or the Services or any feature thereof or we may shut down any or all of the Alllol.com Sites at any time. We may also impose limits on any of the Services or any feature thereof or restrict your access to any or all of the Alllol.com Sites and/or any or all of the Services without notice or liability to you. We hereby reserve the right, at our sole discretion, to modify these Terms of Use including, without limitation, by naming additional Affiliated Sites to which these Terms of Use apply, at any time by posting revised Terms of Use on the Site. You are responsible for checking the Site often for any such modifications. Your use of any of the Alllol.com Sites and/or the Services following such modifications constitutes your acceptance of the terms and conditions of this Agreement as modified.

REGISTRATION AND USE OF THE ALLLOL.COM SITES AND/OR THE SERVICES.

Use of the Site and the Services is free. In order to register and submit User Generated Content (as defined below), you will be required to create a user name and password or you may log in via “open ID” registration or Facebook application authorization, in which case you will be allowing us to view additional information about you that you have chosen to reveal thereon. When you register and submit User Generated Content to the Site, you hereby also agree that we may distribute such User Generated Content on any other or all of the Alllol.com Sites. If you would like any User Generated Content removed from any of the Alllol.com Sites, please contact us here. You are responsible for all activities that occur under your user name. You are responsible for maintaining the security and confidentiality of your user name and password. It is your responsibility to notify us immediately of any unauthorized use of your user name or password and you will be liable for any unauthorized use of the Site or the Services including, without limitation, any direct, indirect, or actual damages. You shall be responsible for ensuring that any and all equipment or ancillary services you use to connect to or access the Site and/or to use the Services including, without limitation, modems, hardware, software, and long distance or local telephone service, are compatible with the Site and the Services. We retain the right to create limits on use and storage in our sole discretion at any time with or without notice or liability to you.

You agree not to submit, as part of your use of the Site or the Services, any material that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threatening, infringing of any third party proprietary rights, invasive of personal privacy, or otherwise objectionable. You may not use the Site or the Services for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use the Site, the Services or any Content or User Generated Content to compete in any manner with any of the Alllol.com Sites. You may not attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site or the Services or any Content or User Generated Content.

You may not use the Site or the Services in a manner that would violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site through hacking, password mining or any other means. You may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. You will not upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the Site, the Services or any other activities conducted on or through the Site or any servers or networks connected to the Site. You may not use the Site or the Services for any purposes other than those that are personal and non-commercial.

In using the Site and/or the Services, you may obtain direct access or otherwise be exposed to certain confidential information of Alllol.com and the employees, advisors and/or consultants of Alllol.com including, without limitation technical, marketing and/or other information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Without limitation of the foregoing, Confidential Information remains the sole and exclusive property of Alllol.com and Alllol.com’s employees, advisors and/or consultants. Confidential Information does not include information that you can establish by legally sufficient means: you possessed prior to your receipt from us, without an obligation to maintain its confidentiality; is or becomes generally known to the public through no act or omission by you, or otherwise without violation of this Agreement; you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; you independently developed without the use of Confidential Information; or in response to a valid order by a court or other governmental body, as otherwise required by law and as disclosed after prior notice to us adequate to afford us the opportunity to object to such disclosure.

You represent, warrant and agree that you are at least 18 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Site and/or the Services under the supervision of a parent, legal guardian, or other responsible adult.

TERMINATION

If you wish to terminate your membership to the Site, you may do so at any time by contacting us here. We may terminate your access to the Site and the Services and we may terminate your membership if you fail to comply with the terms and conditions of this Agreement including, without limitation, for any activity that is disrupting or causing harm to our computers, systems or infrastructure or to other parties, or is in violation of any laws regarding “spam”. Notwithstanding any termination of your membership, any and all provisions of this Agreement that by their nature should survive termination shall survive termination including, without limitation, your warranties and representations with respect to User Generated Content, disclaimers of warranties and limitations of liability.

CONTENT

All content displayed or performed on the Site and/or used in connection with the Services including, without limitation, text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video and animations (individually and collectively “Content”) other than User Generated Content are the property of alllol.com and/or third parties and are protected by international copyright and/or other intellectual property laws. All trademarks, service marks, trade names and trade dress, whether registered or not registered, are the property of Alllol.com and/or third parties. Other than as expressly set forth in this Agreement, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content.

You may access and display the Content, and other items displayed on the Site on one (1) computer, for personal use only, provided that you maintain all copyright and/or other notices contained in such Content. Any other use of the Content is expressly prohibited without our prior written permission or without prior written permission from the copyright holder identified in such copyright or other notice.

USER GENERATED CONTENT

All submissions by you and other users of the Site and the Services including, without limitation, text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video and animations are referred to herein as “User Generated Content.” You are responsible for User Generated Content that you post on the Site and you hereby indemnify and hold us harmless with respect thereto. Before submitting any User Generated Content, you should be aware that you can be held personally liable for User Generated Content that is defamatory or obscene or that violates this Agreement, an obligation of confidentiality, or the rights of others. If any part of the User Generated Content you submit is not your original work, it is your responsibility to obtain any necessary permission before you post such User Generated Content on the Site.

Without limitation of the foregoing, you may not submit User Generated Content that is illegal, misleading, false, fraudulent (including, without limitation, in connection with the impersonation of another person or entity), defamatory, indecent or obscene, in poor taste, threatening, infringing of any third party proprietary, confidentiality or fiduciary rights, invasive of personal privacy, or that relates to any person under the age of 18 or is otherwise objectionable. In addition to and without limitation of the foregoing, you may not submit User Generated Content that is used for spamming purposes including, without limitation, any unsolicited commercial e-mail, links to comment spam on blogs and social networks, links to any illegal content such as counterfeit pages or so-called “phishing” pages, links to viruses, adware, spyware or other malicious code, or search engine spamming or that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that contains any request for or solicitation of any personal or private information from any person or entity, that contains any request for or solicitation of money, goods, or services for private gain, that contains advertising, promotions or marketing, or which otherwise has a commercial purpose inconsistent with the purposes of any of the Alllol.com Sites.

As between you and us, you own the copyright in any User Generated Content you submit on or through the Site. However, by uploading, posting, transmitting or otherwise making any User Generated Content available on or through the Site, you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize such User Generated Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, you should not submit any User Generated Content that you do not wish to license to us including, without limitation, any confidential information. We may display advertisements and other information adjacent to or included with User Generated Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice to you.

We may disclose and/or remove User Generated Content without any notice or liability to you. We reserve the right to monitor all User Generated Content and we reserve the right to refuse to post User Generated Content that is in violation of this Agreement or of any laws or regulations without any notice or liability to you. We reserve the right to require that you avoid certain subjects, if doing so will help ensure compliance with applicable laws. We reserve the right to remove or block, but we do not have the obligation to remove or block, any User Generated Content at any time without any notice or liability to you at our sole discretion. We reserve the right to disclose any User Generated Content and the identity of the user who submitted such User Generated Content in response to a subpoena or whenever disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Alllol.com or others, or to enforce the terms of this Agreement. In addition, we reserve the right to terminate your access to and use of any or all of the Alllol.com Sites and/or the Services, or to censor, edit or block your transmissions thereto in our sole discretion without any notice or liability to you. You agree that the exercise of such discretion shall not render Alllol.com the owner of any User Generated Content, and the user who made such User Generated Content available on or through the Site will retain ownership thereof as described above.

You may report objectionable User Generated Content on the Site by contacting us here. We will review all such requests and will remove content that we determine should be removed, in our sole discretion, in accordance with the terms of this Agreement and in accordance with applicable law.

COMMUNITY AREAS OF THE SITE

We may provide areas on the Site for users to submit comments, participate in discussion groups and engage in other social networking activities. The following apply to your participation in these areas of the Site:

  1. If a comment is made using your user name it will be deemed to have been posted by you.
  2. Do not post abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or otherwise offensive or sexually explicit material.
  3. Do not intentionally make false or misleading statements.
  4. Do not offer to sell or buy any product or service or engage in any other commercial activity.
  5. Do not post material that infringes copyright, trademark, other intellectual property rights or any other rights of any other party including, without limitation, rights of privacy and rights of publicity.
  6. Do not post information that you know to be confidential or sensitive or to be in violation of any law or governmental regulation.
  7. Do not post any software or computer files that contain a virus, worm or other disruptive or harmful component.
  8. Keep all comments relevant to the applicable posting.
  9. If we receive notice that any posting is not in keeping with the foregoing we may remove that posting and/or any other related postings without notice or liability to you.

LINKS TO THIRD PARTY SITES

You may link to third party sites through the use of the Site and/or the Services. The third party sites are not under our control and we are not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. We are not responsible for webcasting or any other form of transmission received from any third party sites. We may provide these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by us of the third party site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALLLOL.COM HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU HEREBY ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAINS ACCESS TO THE SITE AND/OR THE SERVICES; WHICH CONTENT AND/OR USER GENERATED CONTENT YOU AND/OR OTHER USERS ACCESS VIA THE SITE AND/OR THE SERVICES; WHAT EFFECTS CONTENT AND/OR USER GENERATED CONTENT MAY HAVE ON YOU AND/OR OTHER USERS; HOW YOU AND/OR OTHER USERS MAY INTERPRET OR USE CONTENT AND/OR USER GENERATED CONTENT; OR WHAT ACTIONS YOU AND/OR OTHER USERS MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO CONTENT AND/OR THE USER GENERATED CONTENT. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS USER GENERATED CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE SITE SO WE STRONGLY URGE YOU TO TAKE MEASURES TO PRESERVE BACK-UP COPIES OF ANY SUCH MATERIALS.

THE SITE AND/OR THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

YOU HEREBY EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. NEITHER ALLLOL.COM NOR ANY OF ALLLOL.COM’S EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANTS THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THE AFORESAID MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES. WE MAKE NO WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE OR THE SERVICES.

THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, OUR EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. WITHOUT LIMITATION OF THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY IF ANY INFORMATION PROVIDED IS INACCURATE IN ANY WAY.

WE DO NOT ENDORSE AND WE ARE NOT RESPONSIBLE FOR ANY STATEMENTS OR OPINIONS CONTAINED IN USER GENERATED CONTENT AND SUCH STATEMENTS AND OPINIONS DO NOT REFLECT THE STATEMENTS AND OPINIONS OF ALLLOL.COM OR ANY OF ALLLOL.COM’S AFFILIATED WEBSITES.

WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT OR ANY COMMENTS POSTED TO THE COMMUNITY AREAS OF THE SITE. ALTHOUGH WE INCLUDE PROVISIONS REGARDING USER GENERATED CONTENT AND THE COMMUNITY AREAS IN THIS AGREEMENT, WE DO NOT CONTROL AND WE ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH THE SITE AND WE ARE NOT RESPONSIBLE FOR ANY INACCURATE, OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER GENERATED CONTENT OR COMMENTS POSTED TO THE COMMUNITY AREAS THAT YOU MAY ENCOUNTER ON THE SITE OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ALLLOL.COM OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE RECORDS, PROGRAMS OR SERVICES OF ALLLOL.COM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES THE LIABILITY OF ALLLOL.COM IS HEREBY LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNITY

You hereby warrant and represent that you are free and under no disability to enter into this Agreement and to use the Site and/or the Services. With respect to User Generated Content, you hereby warrant and represent that you have all necessary rights to submit such User Generated Content to the Site and that such User Generated Content does not violate the terms of this Agreement. You hereby agree to hold Alllol.com and Alllol.com’s directors, officers and employees harmless from all costs (including attorneys’ fees) or demands relating to any claim made by any third party due to or arising out of your access to the Site, your use of the Services, your violation of this Agreement or infringement by you or any third party using your user name and password, of any intellectual property or other right of any person or entity.

NO WAIVER

No action taken by us pursuant to this Agreement, and no waiver by us whether express or implied, of any provision or right in this Agreement or any breach thereof, and no failure of Alllol.com to exercise or enforce any of Alllol.com’s rights under this Agreement, will constitute a continuing waiver with respect to such provision or right or as a breach or waiver or any other provision or right, whether or not similar.

SEVERABILITY

If any provision of the Agreement is determined to be void or unenforceable in whole or part, then such void or unenforceable provision shall be deleted from this Agreement and shall not effect or impair the enforceability or validity of any other covenant or provision of this Agreement or any part thereof.

GOVERNING LAW

This Agreement is governed by the laws of the State of Oregon applicable to contracts entered into and performed entirely within the State of Oregon. You consent and agree to the exclusive jurisdiction of the courts having jurisdiction over the State of Oregon with respect to any action we may commence against you arising out of or in connection with this Agreement. Notwithstanding the foregoing, this Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. We make no claim that the Site may be lawfully viewed or that Content and/or User Generated Content may be downloaded and/or uploaded in any jurisdiction. Access to Content and/or User Generated Content may not be legal by certain persons or in certain countries. You access the Site and use the Services at your own risk and you are responsible for compliance with the laws of your jurisdiction.

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