All Visual Content posted or otherwise submitted to the Site, and any comments, or other communications (“Communications”, with Visual Content and Communications collectively referred to as “Content”) is the sole responsibility of the account holder from which such Communications originate and you acknowledge and agree that you, and not Lulz.com, are entirely responsible for all Content that you post, or otherwise submit to the Site, including via messages exchanged through the comments section. Lulz.com does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Lulz.com. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- To communicate with Lulz.com representatives or other users in an abusive or offensive manner;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any Lulz.com user;
- To create or transmit unwanted ‘spam’ to any person or any URL;
- To create multiple accounts for the purpose of voting for or against users’ Visual Content;
- To post copyrighted Content that does not belong to you, unless you are commenting on Visual Content in Blogs, where you may post such Content subject to providing appropriate attribution to the copyright owner and a link to the source of the Content;
- With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- To artificially inﬂate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes and/or in an attempt to alter the result of any contest or promotion, or for participating in any other organized effort that in any way artificially alters the results of Services;
- To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To promote or sell Visual Content of another person unless you are expressly authorized to do so; or
- To sell, assign or otherwise transfer your profile.
- Lulz.com provides and maintains Lulz.com for personal information, education and entertainment, on an “as is” basis
- Lulz.com shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with Lulz.com or any Content.
- Third party web sites and online services to which Lulz.com links (“External Sites”) have not been verified or reviewed by Lulz.com.
- All use and access of External Sites is made at your own risk.
- Lulz.com gives no warranty in connection with Lulz.com other than as expressly stated and to the maximum extent permitted by law, Lulz.com excludes liability for:
- any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Lulz.com has been made aware of;
- the accuracy, currency or validity of the information and material contained within any Content or Lulz.com;
- any interruptions to or delays in updating Lulz.com;
- any incorrect or inaccurate information on Lulz.com;
- the infringement by any person of any copyright or other intellectual property rights of any third party through any User Content or use of Lulz.com;
- the availability, quality, content or nature of External Sites;
- any transaction involving External Sites;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading Lulz.com, or any User Content;
- all representations, warranties, conditions and other Terms which but for this notice would have effect.
- Lulz.com does not warrant that the operation of Lulz.com will be uninterrupted or error free.
- Lulz.com will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its the reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
- Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law.
- These Terms above are subject to your statutory and common law consumer rights and shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Lulz.com’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
- You agree that in relation to your use of Lulz.com you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute Lulz.com.
- You agree that you are and shall remain responsible for maintaining the confidentiality of your password and membership account and for all activities that occur under your account.
- You hereby indemnify, defend and hold Lulz.com and Lulz.com’s affiliates and Lulz.com’s officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of Lulz.com, any User Content and any use of your membership account. You shall use your best efforts to cooperate with Lulz.com in the defense of any claim. Lulz.com reserves the right, at Lulz.com’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- Without limiting any other rights it may have Lulz.com may remove, restrict, cancel or suspend access to and use of Lulz.com and Content or other any part of it, if it considers (in its sole discretion) that you have breached any of these Terms. Termination shall be without prejudice to the accrued rights of Lulz.com.