Terms & Conditons
Agreement to Terms
These Terms and Conditions form a legal agreement between you (whether an individual or representing an entity) and Lounge Lizard Worldwide Inc. (“we,” “us,” or “our”) regarding your use of the loungelizard.com website and any associated media forms, channels, mobile sites, or applications (collectively, the “Site”).
By accessing the Site, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions. If you disagree with any part of these terms, you are not permitted to use the Site and should stop using it immediately.
INTELLECTUAL PROPERTY RIGHTS
We, Lounge Lizard Worldwide Inc., hold all intellectual property rights associated with the loungelizard.com website and its content. This includes but is not limited to trademarks, copyrights, patents, trade secrets, and any other proprietary rights. All materials displayed or accessible on the Site, including text, graphics, logos, images, videos, and software, are protected by intellectual property laws and may not be used, copied, reproduced, modified, or distributed without our express written consent.
You agree to respect our intellectual property rights and refrain from engaging in any activities that infringe upon or violate these rights. This includes not using our trademarks or copyrighted materials without proper authorization. Any unauthorized use of our intellectual property may result in legal action to enforce our rights and seek appropriate remedies.
We may grant limited licenses for certain uses of our intellectual property, such as downloading materials for personal, non-commercial use, but such permissions must be explicitly stated and are subject to revocation at any time. We reserve all rights not expressly granted in these Terms and Conditions, and any use of our intellectual property beyond the scope of these permissions is strictly prohibited.
USER REPRESENTATIONS
By accessing and using the loungelizard.com website, you represent and warrant the following:
PROHIBITED ACTIVITIES
By accessing and using the loungelizard.com website, you represent and warrant the following:
These prohibited activities help ensure a safe, secure, and respectful environment for all users of the platform.
USER-GENERATED CONTRIBUTIONS
Users may contribute content, including but not limited to text, images, videos, and comments (collectively, “User Generated Contributions”), to the platform. By submitting User Generated Contributions, users grant the platform a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such contributions in connection with the platform and its services. Users acknowledge and agree that they are solely responsible for their User Generated Contributions and bear all risks associated with their submission. The platform reserves the right to monitor, edit, or remove User Generated Contributions that violate these Terms and Conditions or are deemed inappropriate, offensive, or unlawful.
- Users retain ownership of their User Generated Contributions but grant the platform broad rights to use them.
- User Generated Contributions may be publicly displayed on the platform.
- Users are responsible for the accuracy and legality of their contributions.
- Contributions must not infringe upon the rights of third parties, including intellectual property rights.
- Users must obtain any necessary permissions or licenses for content they do not own.
- Contributions must not contain viruses, malware, or other harmful elements.
- The platform reserves the right to moderate or remove contributions at its discretion.
- Users must respect the privacy and rights of others in their contributions.
- Contributions must comply with the platform’s community guidelines and policies.
- Users may not use contributions to promote illegal activities or violate these Terms and Conditions.
- The platform is not responsible for monitoring all contributions but may act against violations.
- Users may not submit contributions that are defamatory, obscene, or otherwise objectionable.
- The platform may use contributions for promotional or marketing purposes.
- Users may request the removal of their contributions, subject to platform approval.
- By submitting contributions, users agree to indemnify the platform for any claims arising from their submissions.
CONTRIBUTION LICENSE
When users contribute content to our platform, they grant us a license to use and distribute their contributions. This license ensures that we have the necessary rights to display, modify, and share user-generated content within the platform’s ecosystem. By submitting contributions, users acknowledge and agree to these terms, granting us a non-exclusive, worldwide, royalty-free, and perpetual license to their content.
This license empowers us to maintain and enhance the platform’s functionality, provide personalized experiences to users, and facilitate the sharing of valuable content within our community. It also allows us to feature user-generated content in promotional materials or marketing campaigns related to the platform, enhancing its visibility and reach.
While users retain ownership of their contributions, they understand that this license is essential for us to operate the platform effectively. It gives us the flexibility to manage, moderate, and optimize user-generated content while upholding community standards and ensuring a positive user experience for all members of our platform. We respect the rights of our users and strive to use their contributions responsibly and under our terms and conditions.
SUBMISSIONS
By making submissions or contributions to our platform, including but not limited to text, images, videos, or comments, you acknowledge and agree that you are granting us a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and perform such submissions in connection with our platform and its services. This license allows us to showcase and promote your contributions within our platform, improving the overall user experience and facilitating engagement among our community members.
You retain ownership of your submissions and can continue to use them outside of our platform. However, please note that once you submit content to us, we have the right to utilize it as described in the license granted above. We value the creative input of our users and strive to respect their rights while ensuring the smooth operation and growth of our platform.
THIRD-PARTY WEBSITES AND CONTENT
Our platform may contain links to third-party websites or resources that are not owned or controlled by us. We provide these links for your convenience and do not endorse or assume responsibility for the content, products, or services offered by these third parties. Your interactions with such third-party websites or resources are solely between you and the third party, and you agree that we are not liable for any damages or losses arising from your use of or reliance on such content, products, or services.
Furthermore, some third-party content may be integrated into our platform, such as embedded videos, social media feeds, or advertisements. While we strive to ensure the quality and appropriateness of such content, we cannot guarantee its accuracy, relevance, or legality. Users should exercise caution and discretion when accessing or interacting with third-party content, as it may be subject to different terms of use and privacy policies.
It’s important to note that your use of third-party websites or content may be governed by their terms and conditions, which you should review carefully before engaging with them. We encourage users to exercise diligence and discretion when navigating external links or consuming third-party content to protect their privacy, security, and overall user experience.
If you encounter any issues or concerns regarding third-party websites or content linked to our platform, please notify us promptly so that we can take appropriate action. While we strive to maintain a safe and enjoyable environment for our users, we rely on your feedback to address any potential risks or violations associated with third-party resources. Thank you for your cooperation and understanding in helping us maintain the integrity of our platform.
SITE MANAGEMENT
- Content Moderation: We monitor and moderate all content to ensure compliance with our guidelines.
- Technical Maintenance: Periodic maintenance may temporarily affect site availability.
- Security Measures: We employ security protocols to safeguard user data and accounts.
- User Support: Assistance is available for any questions or issues users encounter.
- Policy Enforcement: Violations of terms may lead to disciplinary action.
- Feedback and Improvement: We value user feedback to enhance the site experience.
PRIVACY POLICY
Ensuring data privacy and security is paramount to us. Please take a moment to review our Privacy Policy here. By using the Site, you acknowledge and agree to adhere to our Privacy Policy, which is an integral part of these Terms and Conditions. It’s important to note that the Site is hosted in the United States.
If you access the Site from regions with differing laws on personal data collection, use, or disclosure compared to the United States, such as the European Union or Asia, by continuing to use the Site, you are consenting to the transfer of your data to the United States. Your continued use of the Site constitutes express consent for your data to be transferred accordingly.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Respecting intellectual property rights is fundamental to us. We comply with the Digital Millennium Copyright Act (DMCA) and have implemented procedures to address claims of copyright infringement on our platform. If you believe that your copyrighted work has been used in a way that constitutes copyright infringement.
Please provide our designated agent with a written notification that includes the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Your contact information, including your address, telephone number, and email address.
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Please send the notification to our designated DMCA agent at [agent@example.com]. Upon receiving a valid DMCA notice, we will take appropriate action, which may include removing or disabling access to the allegedly infringing material, notifying the alleged infringer, and providing them with an opportunity to submit a counter-notification. We reserve the right to terminate accounts of repeat infringers under our DMCA Policy and Terms of Service.
Counter Notification
Copyright infringement is a serious matter, and we are committed to upholding the rights of copyright owners. If you believe that your copyrighted work has been infringed upon on our platform, please promptly notify our designated agent. Your notification should include:
- Your physical or electronic signature.
- Identification of the material that was removed or to which access was disabled, along with the location where the material appeared before it was removed or disabled.
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.
- Your name, address, telephone number, and email address.
- A statement consenting to the jurisdiction of the federal district court for the judicial district in which your address is located or, if outside the United States, to any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512(c)(1)(c) or an agent of such person.
Please send your counter-notification to our designated DMCA agent at [agent@example.com]. Upon receiving a valid counter-notification, we will provide a copy to the original complainant and inform them that the removed material may be restored within 10 business days. We may reinstate the removed material unless the complainant files a lawsuit seeking a court order against the material’s restoration. We reserve the right to terminate accounts of users who repeatedly submit invalid counter notifications.
COPYRIGHT INFRINGEMENTS
If you receive a notification of alleged copyright infringement and believe that the material was mistakenly removed or disabled, you may submit a counter-notification.
Your counter-notification must include:
- A description of the copyrighted work you claim has been infringed.
- Identification of the material you believe is infringing and its location on our platform.
- Sufficient contact information to allow us to reach you, such as your address, telephone number, and email address.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Upon receiving a valid notice of infringement, we will promptly remove or disable access to the allegedly infringing material and notify the user responsible for posting it. We may also terminate the accounts of repeat infringers. We take copyright infringement seriously and will take appropriate action to address it under the law.
TERM AND TERMINATION
The term of these Terms and Conditions begins when you start using the Site and continues until terminated by either party. You may terminate these Terms and Conditions by discontinuing your use of the Site at any time. We reserve the right to terminate or suspend your access to the Site, with or without cause, at our sole discretion and without prior notice. Upon termination, you must cease all use of the Site, and any provisions of these Terms and Conditions that, by their nature, should survive termination will continue to remain in effect, including but not limited to intellectual property rights, disclaimer of warranties, limitations of liability, and dispute resolution provisions.
MODIFICATIONS AND INTERRUPTIONS
- Modifications to the Site: We reserve the right to modify or update the Site, including its features, functionality, and content, at any time and without prior notice. These modifications may include changes to layout, design, or services offered.
- Interruptions and Downtime: While we strive to maintain uninterrupted access to the Site, there may be occasions where the Site becomes unavailable due to maintenance, upgrades, or technical issues beyond our control. We will make reasonable efforts to minimize downtime and restore service promptly.
- Notification of Changes: In the event of significant modifications or interruptions to the Site, we will endeavor to provide advance notice whenever possible. This may include notifications on the Site itself, via email, or through other communication channels.
- User Responsibility: Users should be aware that while we make every effort to ensure the Site’s reliability and availability, we cannot guarantee uninterrupted access or continuous operation. Users are responsible for taking necessary precautions to mitigate any potential disruptions, such as backing up data or utilizing alternative access methods during periods of downtime.
GOVERNING LAW
Any disputes arising from or related to the use of the Site shall be governed by and construed under the laws of [insert jurisdiction], without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or related to these Terms and Conditions shall be brought exclusively in the courts located in [insert jurisdiction], and you hereby consent to the jurisdiction and venue of such courts.
CORRECTIONS
We understand that there might be instances of typos, inaccuracies, or omissions within the content on our platform, including descriptions, pricing details, availability, and other information. We retain the right to rectify any such errors, inaccuracies, or omissions, and to modify or update the information on our platform without prior notification.
DISCLAIMER
Certainly! A disclaimer is a statement intended to limit the legal liability of a person or organization for the accuracy or reliability of the information provided. It serves as a notice to users that while efforts have been made to ensure the accuracy of the information presented, there may still be errors, inaccuracies, or omissions.
In the context of a website or platform, a disclaimer typically addresses various aspects such as:
- Accuracy of Information: Acknowledging that there may be errors, inaccuracies, or omissions in the content provided.
- Changes and Updates: Stating that the information on the website is subject to change or update without prior notice.
- Limitation of Liability: Clarifying that the website owner or operator cannot be held legally responsible for any loss, damage, or inconvenience caused by relying on the information provided on the website.
- Independent Verification: Advising users to independently verify critical information or consult with relevant professionals when necessary.
- Terms of Use: Mention that by accessing or using the website, users agree to abide by its terms and conditions, including any disclaimers.
- Jurisdiction: Specifying the jurisdiction under which the website operates and which laws govern its use.
The specific details included in a disclaimer may vary depending on the nature of the website or platform, the type of information provided, and applicable legal requirements. Disclaimers need to be clear, conspicuous, and easily accessible to users.
LIMITATIONS OF LIABILITY
Limitations of liability are provisions in legal agreements or statements that aim to restrict the extent of potential damages or losses for which a party can be held responsible. In the context of a disclaimer or terms of use for a website or service, limitations of liability typically outline the extent to which the website owner or operator can be held accountable for various types of damages or losses that may arise from the use of the website or reliance on its content.
Key points that may be included in limitations of liability:
- Exclusion of Certain Damages: Clarification that certain types of damages, such as indirect, consequential, or incidental damages, may be excluded from liability.
- Maximum Liability: Specification of a maximum limit to the liability of the website owner or operator, beyond which they cannot be held responsible for any additional damages.
- Scope of Liability: Definition of the scope of liability, which may be limited to direct damages arising directly from the use of the website or its content.
- Exceptions: Identification of any exceptions to the limitations of liability, such as cases of willful misconduct or gross negligence.
- Legal Requirements: Compliance with applicable laws and regulations regarding limitations of liability in the relevant jurisdiction.
- User Acknowledgment: Statement indicating that users acknowledge and agree to the limitations of liability by accessing or using the website.
- Severability: Provision stating that if any part of the limitations of liability is found to be unenforceable, the remaining provisions will still apply.
Limitations of liability need to be clearly articulated and prominently displayed to users to ensure that they are aware of the extent of potential risks and liabilities associated with using the website or service. Additionally, the language used should be legally sound and comply with relevant legal standards and regulations.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of various circumstances. These include your Contributions to the Site, your use of the Site, any breach of these Terms and Conditions, any breach of your representations and warranties as outlined in these Terms and Conditions, your violation of the rights of a third party, including intellectual property rights, or any overt harmful act toward any other user of the Site with whom you connected via the Site.
However, notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. In such cases, you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.
USER DATA
We will retain certain data that you transmit to the Site for the purpose of managing the Site and to track your usage of the platform. While we conduct regular routine backups of our data, you are responsible for all information you transmit or that pertains to your activities on the Site.
By using the Site, you acknowledge and agree that we bear no liability for any loss or corruption of this data. You hereby waive any right to take legal action against us for any loss or corruption of such data, whether caused by technical issues, human error, or other factors. It is your responsibility to ensure the integrity and backup of your data as needed.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Electronic communications, transactions, and signatures play a vital role in our interactions on the Site. By using our platform, you consent to engage in electronic communications with us, including receiving notices, disclosures, agreements, and other communications electronically. These electronic communications may involve emails, messages posted on the Site, or other forms of electronic communication.
When you engage in transactions on the Site, such as making purchases or entering into agreements, you acknowledge that these transactions may be conducted electronically. You agree that electronic signatures, whether through clicking buttons indicating your acceptance or other means of electronic acknowledgment, have the same legal effect as handwritten signatures.
It’s important to note that while we facilitate electronic communications, transactions, and signatures, you are responsible for ensuring the security and confidentiality of your electronic communications and transactions. We encourage you to review and understand any agreements or disclosures before electronically signing or engaging in transactions on the Site.
AUSTRALIA USERS AND RESIDENT
For users and residents of Australia accessing our platform, certain provisions and considerations apply under Australian laws and regulations.
When using our platform, Australian users and residents acknowledge that we operate in compliance with relevant Australian laws governing electronic communications, transactions, and signatures. This includes adherence to the Electronic Transactions Act 1999 (Cth), which recognizes the validity of electronic communications and transactions.
As an Australian user or resident, you consent to engage in electronic communications with us, receiving notices, disclosures, agreements, and other communications electronically. These communications may be sent via email, posted on the platform, or through other electronic means.
When conducting transactions on our platform, such as making purchases or entering into agreements, Australian users and residents recognize that these transactions may be completed electronically. You agree that electronic signatures, including clicking buttons to indicate acceptance or other electronic acknowledgments, hold the same legal weight and validity as handwritten signatures under Australian law.
We are committed to upholding the rights and protections afforded to Australian users and residents under applicable laws. If you have any questions or concerns regarding electronic communications, transactions, or signatures, please don’t hesitate to contact us.
