Terms & Conditions
TERMS AND CONDITIONS lolzepic.com
These Terms and Conditions (the “Agreement”) is entered into by you and Publishomatic Pvt Limited a Turkey corporation, doing business as “lolzepic.com” (hereinafter referred to as “lolzepic.com”).
Authority By accessing, subscribing, downloading and/or otherwise using the lolzepictechnology, you certify that you (a) are at least fifteen (15) years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of that may be published within the lolzepic technology or the Website. If the person accessing, subscribing and/or otherwise using the lolzepic technology is under the age of majority in his/her state of residence, then such person should review and discuss this Agreement with their parent or legal guardian, and by such person’s accessing, subscribing, downloading and/or otherwise using the lolzepic technology, such person’s parent or legal guardian is deemed to have consented to such person’s entering into this Agreement and deemed to have agreed to have such person be bound by the terms hereof. Notwithstanding anything to the contrary herein, to access, subscribe to, download and/or otherwise use the lolzepic technology for any “R Rated” portion of the Website as described on the Website by lolzepic, you must be at least eighteen (18) years of age, and by accessing, subscribing, downloading and/or otherwise using the lolzepic technology for any “R Rated” portion of the Website as described on the Website by lolzepic, you certify that you are at least eighteen (18) years of age.
All rights to ownership or use not expressly stated herein are reserved by lolzepic and lolzepic disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access or adapt the lolzepic technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the lolzepic technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the lolzepic technology, or any part thereof, including, but not limited to, using any part of the lolzepictechnology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the lolzepic technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of lolzepic, its affiliates, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use lolzepic technology to harm minors in any way; (viii) fraudulently impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using lolzepic technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the lolzepic technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available 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); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, trojans, spyware, adware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the lolzepic technology or servers or networks connected to the lolzepic technology, or disobey any requirements, procedures, policies or regulations of networks connected to the lolzepic technology (including, but not limited, to the Website); and (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users.
By making a Submission, you waive the right to make any claim against lolzepic or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for lolzepic or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your Submission by means of the lolzepic technology in order to keep that information true, accurate, current and complete.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize lolzepic to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
User’s Grant of Limited License By posting or submitting content to this site, you:
Grant lolzepic and its affiliates and licensees the world-wide, royalty free, irrevocable, non-exclusive, and fully sub licensable right and license to use, reproduce, display, perform, adapt, modify, alter, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by lolzepic will not infringe or violate the rights of any third party.
Participation Disclaimer lolzepic does not and cannot review all Submissions posted to or created by users accessing the lolzepic technology (including, but not limited to, the Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the lolzepic technology (including, but not limited to, the Website), lolzepic is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. lolzepic and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website for inappropriate content. lolzepic and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, lolzepic reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to lolzepic in its sole discretion.
Trademarks Any and all trademarks displayed within the lolzepic technology are owned by lolzepic, its licensors or its affiliates, or are the property of third parties (in which case lolzepic makes no claim of ownership rights therein).
Confidentiality At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of lolzepic. “Confidential Information” means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to lolzepic or its licensors, including, but not limited to, all parts of the lolzepic technology and any other materials or information related to the business or activities of lolzepic that are not generally known to others engaged in similar businesses or activities.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the lolzepic technology, and no warranties shall apply after such period.
Limitation of Liability NEITHER lolzepic , its respective parents, subsidiaries, affiliates, successors, ASSIGNS, employees, agents, directors, officers, shareholders, SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE lolzepic TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE lolzepic TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE lolzepic TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN OR ACCESSED VIA THE lolzepic TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE lolzepic TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THE WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED ON THE SERVERS; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE lolzepic TECHNOLOGY WHETHER OR NOT lolzepic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL lolzepic’ and its respective parents, subsidiaries, affiliates, successors, ASSIGNS, employees, agents, directors, officers and shareholders’ AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO lolzepic FOR ACCESS AND USE OF THE lolzepic TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE lolzepic TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00). SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Access to the lolzepic Technology You shall be responsible for obtaining access to the lolzepic technology and for all equipment necessary to access the lolzepic technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all fees and charges associated with connecting you to the lolzepic technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges, and associated taxes.
Passwords and Your Obligations You may be asked to register as a member on certain pages or services within the lolzepictechnology and to select a unique username and password in order to be able to access your account and use any of the lolzepic technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify lolzepic in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via email to
lolzepic reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Applicable Laws Subject to the terms and conditions set forth herein, you may use the lolzepic technology only for lawful purposes. The lolzepic technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances 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 the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law that are applicable to the use of the lolzepic technology and to your Submission.
Indemnification You agree to indemnify, defend, and hold harmless lolzepic, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, end users and suppliers and their officers, directors and employees from and against all losses, expenses, obligations, claims, damages and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the lolzepic technology; and (d) any use of your Submission by lolzepic or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. This indemnification and defense obligation will survive this Agreement and your use of the lolzepic technology.
Resale Prohibited Products sold from the Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, lolzepic reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.
Product Display/Colors & Specifications The lolzepic technology (including, but not limited to, the Website) attempts to display product images shown through it as accurately as possible. However, lolzepic and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders are not responsible for and cannot guarantee the performance or price of any goods, products or services advertised through the lolzepictechnology, and cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.
Features, pricing and specifications of products and/or services described or depicted through the lolzepictechnology (including, but not limited to, the Website) are subject to change at any time without notice. Weights and measures are approximate.
Jurisdiction This Agreement shall be governed and construed in all respects by the laws of the State of New York, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that the lolzepic technology (including, but not limited to the Website) is deemed a passive website that does not give rise to personal jurisdiction over lolzepic or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree to submit to the exclusive Jurisdiction of the courts of the State of New York located in the County of New York or the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
lolzepic Intellectual Property Notice lolzepic has designated the person listed below as its agent to receive notifications of alleged copyright infringement on the Website. lolzepic respects the intellectual property of others, and asks our users to do the same. lolzepic will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide lolzepic’ IP Agent the following information in writing pursuant to the Digital Millennium Copyright Act (Please confirm these requirements with your legal counsel or see Section 512(c)(3) of the Copyright Act for more information) (the “Notice”):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a specific description of the copyrighted work or other intellectual property that you claim has been infringed;
a specific description of where the material that you claim has been infringed is located in thelolzepic technology sufficient to permit lolzepic to locate the material;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
a statement by you that the information in your Notice is accurate and a statement made under penalty of perjury that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please provide the lolzepic’ IP Agent with the following information in writing pursuant to the Digital Millennium Copyright Act (Please confirm these requirements with your legal counsel or see Section 512(g)(3) of the Copyright Act) (the “Counter Notice”):
a physical or electronic signature of the subscriber of the lolzepic technology;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
the subscriber’s name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
You acknowledge that if you fail to comply with all of the aforementioned Notice requirements in writing, your Notice may not be valid and that lolzepic may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
lolzepic will terminate rights of subscribers and account holders in appropriate circumstances if they are determined to be repeat infringers.
lolzepic’ IP Agent for Notice and Counter Notice of claims of copyright or other intellectual property infringement can be contacted at
18 U.S.C. Section 2257 Compliance Notice All pictures, graphics, videos or other visual media displayed on the Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C. section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
The owners and operators of the Website are not the primary producer (as that term is defined in 18 U.S.C. section 2257 or subsequent case law defining such) of any of the visual content contained in the Website.
General Provisions Notwithstanding anything in this Agreement to the contrary, if any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
lolzepic’ or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders’ failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. http://lolzepic.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of http://lolzepic.com. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.