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Terms & Conditions Agreement

ACCEPTANCE OF TERMS AND CONDITIONS

To use the Lolligift service, you must read and agree to all of the terms and conditions of these terms ands conditions. If you do not agree to the terms and conditions of these terms and conditions, you may not use Lolligift's service. You agree that we may modify the terms and conditions of these terms and conditions (including the privacy policy) at any time and in our sole discretion, by posting amended terms to this web site. Should any such amendments be so posted or sent to you, your continued use of the service is your agreement to such amendments. We are not responsible for any loss or damage if you do not comply with any part of the terms of service. As used herein, the term "you" refers to you in your capacity as a Lolligift organizer or contributor. See below for an explanation of the meanings of organizer and contributor. By using the Lolligift service as a participant, organizer, or recipient, you agree to be bound by these terms and conditions, as amended from time to time.

YOUR ACCOUNT

The Lolligift service is provided by Lolligift, LLC, a Washington limited liability company. By using the Lolligift service, you agree to the following: (a) when you register or create an account, or when you make a contribution to an event, you will submit a valid e-mail address and select a password and user name; (b) all information that you submit will be valid and non-fraudulent; (c) you will keep confidential all aspects of your account; (d) you are responsible for any and all uses of your account, whether or not you've authorized such use; (e) you will keep confidential all aspects of other user's account information; (f) you will immediately notify us of any unauthorized use of your account. We reserve the right to terminate the account of any user and deny service to any user for any reason.

THE SERVICE

Lolligift provides a service that enables users to pool resources with the intent to purchase a gift for a recipient. To use the Lolligift service, an organizer will first create a gift pool, which includes suggesting a product or products, a charitable donation, service, or cash gift (“Gift”), inviting participants to contribute to the purchase of the product or products, and several other pieces of information and parameters, such as specifying how a contributor may or must contribute. After a gift pool is organized, invited participants can contribute funds towards the purchase of the Gift specified in the gift pool. There are some limitations on how an organizer can organize an event. For example, an organizer cannot modify the contribution date or add participants after the gift pool has been closed. Also, once a gift pool is closed no additional contributions are permitted. Additional limitations will be communicated to the organizer during and after he organizes a gift pool, and communicated to a contributor when he contributes. When you make a contribution to a gift pool, you agree and accept all the terms and conditions (as may be modified) set by the organizer and Lolligift, and in all respects subject to these Terms and Conditions. In the event of any conflict, these Terms and Conditions will control and prevail. You understand and agree that the content of all users, including your content, is aggregated and integrated into the Lolligift service. We will use the data collected from you and other users to deliver the Lolligift service and for statistical, analytical, reporting, and other purposes. You understand and agree that Lolligift does not control, endorse, or verify any content submitted by any user. You agree and understand that although the Lolligift service enables the group gifting of funds towards a Gift, the only transaction that you engage in with Lolligift is for the fees that we charge you for use of the Lolligift service. Moreover, although we deliver money to the organizer on behalf of group participants, you understand and agree that we are simply facilitating your group gifting event. You also understand and agree that we do not control the merchants, retailers, and users who also use Lolligift service. THEREFORE, WE SHALL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF YOUR INTERACTIONS AND TRANSACTIONS WITH THE MERCHANTS, RETAILERS, AND USERS THAT ENJOY THE LOLLIGIFT SERVICE, INCLUDING BUT NOT LIMITED TO ANY LOSS RESULTING FROM (I) PAYMENT, (II) LATE DELIVERY OF GOODS OR SERVICES, (III) NO DELIVERY GOODS OR SERVICES, (IV) QUALITY OF GOODS OR SERVICE, (V) BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, OF GOODS OR SERVICES OR (VI) OTHERWISE BECAUSE OF ANY PRODUCT DEFECT. THE DEALINGS BETWEEN YOU AND MERCHANTS, RETAILERS, AND OTHER USERS ARE SOLELY BETWEEN YOU AND SUCH MERCHANTS, RETAILERS, AND OTHER USERS, AS THE CASE MAY BE. WE DO NOT GUARANTEE THE PERFORMANCE OF ANY MERCHANT, RETAILER, USER OR PRODUCT. WE ARE NOT RESPONSIBLE FOR PRICE CHANGES TO ANY PRODUCT OR GIFT, INCLUDING BUT NOT LIMITED ANY PRICE CHANGE THAT MAY OCCUR AFTER AN EVENT IS CREATED FOR A PRODUCT BUT PRIOR TO PAYMENT FOR THAT PRODUCT. (A PRICE CHANGE MAY CAUSE AN EVENT TO BE OVER-FUNDED OR UNDER-FUNDED. SEE BELOW FOR WHAT HAPPENS IN EITHER EVENT.) We have no obligation to resolve any dispute between you and any merchant, retailer, or other user of the Lolligift service. If there is any such dispute, you agree that you do and will release Lolligift LLC and its officers, employees, agents and successors from any loss of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, liquidated or unliquidated, or otherwise related to such dispute. We reserve the right to cancel any gift pool and refund all moneys contributed for any cancelled gift pool to the organizer only, and all participants must look to the organizer to get refunded their contribution. You understand and agree that every time you make a contribution to an event, you will be charged a non-refundable contribution charge, which will not be applied to the funding of a gift pool. The contribution charge is currently 10% of the participant amount suggested by the organizer. Organizers’ contribution charges and currently waived but Lolligift, LLC reserves the right to reinstate this fee in the future. We may change the contribution charge by posting notice in these terms and conditions or by notice when you make a contribution. In addition, once you make a contribution to an event, the contributions itself as well as the contribution charge is non-refundable. The term "entire gift pool amount" means the aggregate sum of the collected funds being collected towards the price of a Gift included in the gift pool, all taxes for the purchase of such Gift, all charges for the shipping of such Gift, and a service fee charged by Lolligift. You understand and agree that your contribution or contributions will be used to fund the entire event amount, which includes the service fees charged by Lolligift. If the event is not fully funded by the contribution deadline, the organizer may extend the contribution deadline, subject to certain limitations disclosed to the organizer by email or within the organizer's account on the Lolligift website. An event is fully funded when contributors contribute an aggregate amount equal to the entire event amount. An event is under-funded when contributors contribute an aggregate amount less than the entire event amount. An event is over-funded when contributors contribute an aggregate amount greater than the entire event amount. Taxes and shipping charges will be calculated and communicated to the organizer upon closing the gift pool based upon his or her selected preferences. When you make a contribution, we (or our designee, who may be a merchant, retailer, financial institution, other user, or other person or entity) will hold your contribution in an account until the contribution deadline set by the organizer. If the event to which you contributed is over-funded at the contribution deadline or revised contribution deadline, the additional funds will be placed into the account and the currently held amount will be updated on the gift pool web page. If the event to which you contributed is under-funded at the contribution deadline or revised contribution deadline, the collected funds can be collected at the organizer’s discretion or contribution deadline extended until the gift goal amount is reached.

SHIPPING POLICY

Lolligift shipping rates, methods, and terms are set by individual merchants, not by Lolligift. After processing your group Gift, Lolligift disperses the collected funds held in escrow to the organizer. The organizer may select from a range of dispersement options to receive the funds including standard first class mail, priority mail, or overnight mail. In addition they may also choose to receive funds electronically through Lolligift, LLC, or a Lolligift-designated merchant, bank, or partner. Lolligift estimates that standard first class mail is between 4-7 business days, but we cannot guarantee the actual delivery date of the merchant or organization responsible for delivery. Business days are Monday through Friday (excepting holidays). Please allow 2 business days from when the gift pool closes for processing the group Gift order. Processing includes, but is not limited to the verification of funds. In the event there is an issue with the delivery of the collected funds, please contact our customer service department via email at support@lolligift.com and we will do our best to resolve the issue.

REFUND, RETURN/EXCHANGE POLICY

For refund and returns, you agree to look only to the merchant, retailer, or other user who has fulfilled your event. Although the merchant, retailer, or other user who has fulfilled your event will likely grant refunds and accept returns according to his, hers, or its customary refund policy, we cannot guarantee this because we do not control such merchant, retailer, or other user. The merchant, retailer, or other user fulfilling your event may refund sales tax for returned items, although that is a matter between you and such merchant retailer or other user. We reserve the right to cancel any gift pool and refund all moneys contributed for any cancelled gift pool to the organizer only, and all participants must look to the organizer to get refunded their contribution.

LINKS TO THIRD PARTY SITES

Any web sites that are accessible from the Lolligift website and that take you out of Lolligift.com are not under our control and we shall not be responsible for your dealings with those websites. We encourage you to read the policies, terms, and conditions of any web site that you visit.

COPYRIGHTS AND TRADEMARKS

“Lolligift,” the Lolligift logo, the “Gift Together” tagline, and the other names, taglines, logos, icons and marks identifying our products and services are trademarks of Lolligift, LLC, and may not be used without our written permission. All rights not expressly granted in these Terms and Conditions are reserved to Lolligift, LLC. You may not post, distribute, reproduce, or sell in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.

NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE

You agree not to resell or make any commercial use of the Lolligift service without the express consent of Lolligift, LLC. You may not create bots or other computer generated automatic tools to abuse the Lolligift service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE LOLLIGIFT SERVICE AND THE LOLLIGIFT WEBSITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY OF YOUR LOSS THAT RESULTS SUCH USE. THE LOLLIGIFT SERVICE AND THE LOLLIGIFT WEBSITE ARE PROVIDED ON AN "AS IS" BASIS. LOLLIGIFT, LLC, ITS LICENSORS, AND ITS LICENSEE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANT WHO MIGHT FULFILL ANY EVENT OR SHIP ANY PRODUCT. NEITHER LOLLIGIFT, LLC, NOR ITS LICENSORS, NOR ITS LICENSEES, MAKE ANY WARRANTY THAT THE LOLLIGIFT SERVICE OR THE LOLLIGIFT WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE LOLLIGIFT SERVICE OR THE LOLLIGIFT WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NEITHER LOLLIGIFT, LLC, NOR ITS LICENSORS, NOR ITS LICENSEES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LOLLIGIFT SERVICE OR THE LOLLIGIFT WEBSITE AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE LOLLIGIFT SERVICE OR LOLLIGIFT WEBSITE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL LOLLIGIFT, LLC,BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE LOLLIGIFT SERVICE OR THE LOLLIGIFT WEBSITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF LOLLIGIFT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, LOLLIGIFT, LLC.SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE LOLLIGIFT SERVICE OR LOLLIGIFT WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD LOLLIGIFT, LLC, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA, OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE LOLLIGIFT SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THTHESE TERMS AND CONDITIONS, BY YOU, (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST LOLLIGIFT, LLC ARISING OUT OF YOUR USE OF THE LOLLIGIFT SERVICE, LOLLIGIFT SOFTWARE OR LOLLIGIFT WEBSITE, or (D) ANY MISREPRESENTATION BY YOU.

GENERAL TERMS

These Terms and Conditions are governed in all respects by the laws of the State of Washington, notwithstanding any provision of law or choice of law rule which may require otherwise. Any dispute arising hereunder or pursuant to your use of the Lolligift service or pursuant to your use of the Lolligift website shall be submitted to state and federal courts in Washington and you consent to the exclusive jurisdiction of such courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Any failure to act on our part with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. You may not assign, delegate, or transfer these Terms and Conditions or any rights hereunder, and any attempt to the contrary is void. These Terms and Conditions shall inure to the benefit of and be binding upon each party's successors and assigns. Any notice required or given to you under these Terms and Conditions may be delivered by electronic mail at the e-mail address provided by you during registration. These Terms and Conditions constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

LOLLIGIFT PRIVACY POLICY

For information regarding how we treat personal information of our users, please see Lolligift's current, full privacy policy at http://www.Lolligift.com/privacy-policy, which is incorporated in its entirety into these Terms and Conditions by this reference.

USER CONDUCT

You understand that all content that you submit or upload, post, or otherwise transmit to the Lolligift website or via the Lolligift service (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not Lolligift, are entirely responsible for all Content that you upload, post, or otherwise transmit to the Lolligift website or via the Lolligift service. This also means that you are entirely responsible for, among other things, (a) ensuring that you have obtained all necessary legal rights to upload, post, or otherwise transmit Content to the Lolligift website or via the Lolligift service (and to grant Lolligift the license to such Content set forth below), and (b) that any Content that you upload, post, or otherwise transmit via the Lolligift service complies in all respects with these Terms and Conditions. Lolligift does not control the Content posted via the Lolligift service and, as such, does not guarantee the accuracy, integrity, or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Lolligift service, you may be exposed to Content that is offensive, indecent, or objectionable. In your use of the Lolligift service or the Lolligift website, you agree not to:

Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
Harm minors in any way, or seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seek or recommend providers that solicit personal information from anyone under 18;
Post information that is pornographic or sexually explicit in nature;
Post false or intentionally misleading information;
Provide any posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by Lolligift;
Provide any posted Content that is unlawful or that promotes or encourages illegal activity;
Impersonate any person or entity, including, but not limited to, a Lolligift official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Lolligift Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
Upload, post, or otherwise transmit any Content that you do not have a legal right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, trade secret, or other proprietary rights of any party, or remove any copyright, trademark, or other proprietary rights notice contained in the Lolligift website, the Lolligift service, or in any Content;
Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Lolligift service or the Lolligift website or servers or networks connected to the Lolligift service, use any device, software, or routine that interferes with the proper working of the Lolligift service or the Lolligift website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Lolligift service;
Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"Stalk" or otherwise harass another user, individual, merchant, student, or instructor;
Collect, harvest, or store personal data about users, or members for any reason other than to solicit and share reviews or to gain more information about a learning or teaching opportunity;
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Lolligift website and/or Lolligift service;
Create or submit unwanted email or messaging (“Spam”) to any other Lolligift user or otherwise interfere with the enjoyment of other Members or Users of the Lolligift website or the Lolligift service;
Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse engineer any portion of the Lolligift website and/or the Lolligift service;
Access, retrieve, or index any portion of the Lolligift website and/or Lolligift service for purposes of constructing or populating a searchable database of business reviews;
Reformat or frame any portion of the web pages that are part of the Lolligift website and/or Lolligift service;
Create user accounts by automated means or under false or fraudulent pretenses;
Use of the Lolligift website or Lolligift services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in Lolligift’s sole discretion, an unreasonable or disproportionately large load on Lolligift’s IT infrastructure; or
Copy or store any Content offered on the Lolligift website for other than your own use;

You understand and agree that Lolligift may review and delete any posted Content that in the sole judgment of Lolligift violates these Terms and Conditions or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Lolligift website and/or other website users. In addition, you agree that all hyperlinks and other offers comprising the Lolligift service (e.g., hyperlinks provided in connection with Lolligift's RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by Lolligift. <

CONTENT SUBMITTED TO LOLLIGIFT

Lolligift does not claim ownership of the Content you place on your Lolligift website. By uploading, submitting, or otherwise disclosing or distributing Content of any kind on the Lolligift website or otherwise through the Lolligift service, you: • Grant to Lolligift, its affiliates and their assignees the perpetual, irrevocable, fully assignable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of, and otherwise exploit such Content in any form for the purpose of providing the Lolligift service, including without limitation, any concepts, ideas, or know-how embodied therein; • Represent and warrant to Lolligift that you own or otherwise control all rights to such Content (including the ability to grant Lolligift this license) and that disclosure and use of such Content by Lolligift (including without limitation, publishing Content at the Lolligift website) will not infringe or violate the rights of any third party; and • Acknowledge that the Content may not be treated confidentially. You agree not to provide Lolligift with any confidential or proprietary information that you desire or are required to keep secret. You acknowledge that Lolligift does not pre-screen Content, but that Lolligift and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Lolligift service. Without limiting the foregoing, Lolligift and its designees shall have the right to remove any Content that violates these Terms and Conditions or is otherwise objectionable (in Lolligift’s sole discretion). You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

CONTENT INDEMNITY

You agree to indemnify and hold Lolligift, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) Content posted, uploaded, or otherwise transferred by you, (b) your use of the Lolligift service, (c) your connection to the Lolligift service, (d) your violation of these Terms and Conditions, or (d) your violation of any rights of another user.

LOLLIGIFT PROPRIETARY RIGHTS

You agree that all Content and materials delivered via the Service or otherwise made available by Lolligift are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Lolligift in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at Lolligift's website for your internal business purposes; provided, however, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from the Lolligift website to create or compile, directly or indirectly, a collection, database or directory without written permission from Lolligift is prohibited. Any third party that contacts our users for commercial reasons, including to sell them products or services, is in violation of these terms and each individual violation is subject to $3,000 in penalties per instance. Reproducing, copying, or distributing any Content, materials, or design elements on the Lolligift website for any use or purpose not expressly permitted by these Terms and conditions is strictly prohibited without the express prior written permission of Lolligift. Any rights not expressly granted herein are reserved. You acknowledge and agree that the Lolligift service and any necessary software used in connection with the Lolligift service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Lolligift grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided, however, that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Lolligift for use in accessing the Service. Lolligift hereby reserves all rights not otherwise expressly granted herein.

COPYRIGHT DISPUTE POLICY

Lolligift has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Lolligift's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. • Lolligift Policy It is Lolligift's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders. • Procedure for Reporting Copyright Infringements If you believe that material or Content residing on or accessible through the Lolligift Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Lolligift is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

• Upon Receipt of a Bona Fide Infringement Notification Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Lolligift's policy:

to remove or disable access to the infringing material;
to notify the Content provider, member or user that it has removed or disabled access to the material; and
that for repeat offenders, Lolligift will also terminate such Content provider's, member's or user's access to the service.

• Procedure to Supply a Counter-Notice to the Designated Agent If the Content provider, member, or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the Content provider, member or user;
Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Lolligift is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

BREACH OF TERMS OF SERVICE