LOLLYPIX TERMS OF REFERENCE

Lollypix Inc. (“we”, “us” or “Lollypix”) owns and operates Lollypix.com (our “site”), on which we provide an interactive way for like-minded users to communicate, explore their fantasies, entertain themselves and to exchange pictures of themselves.

THE TERMS AND CONDITIONS SET FORTH BELOW FORM AN AGREEMENT (“THE TERMS”) THAT GOVERN YOUR USE OF THE SERVICE. BY USING OR ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY:

  1. THE TERMS; and
  2. LOLLYPIX PRIVACY POLICY.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH THE TERMS OR PRIVACY POLICY, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED HEREIN.

We reserve the right, at our discretion, to modify these terms at any time. Any updated version supersedes and replaces any prior versions upon posting. You agree to review these Terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept any modifications.

YOU CANNOT USE THIS SITE OR OUR SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS. YOU MAY ALSO NOT USE THIS SITE OR OUR SERVICE IF YOU HAVE EVER BEEN CONVICTED OF A SEXUAL OFFENCE AND YOU ARE REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENTAL BODY OR AGENCY OR ARE CURRENTLY FACING CHARGES FOR SUCH AN OFFENCE OF A SEXUAL NATURE.

This agreement is made between you and Lollypix. By accessing the site, you accept these Terms and agree to be bound by the terms, conditions and notices contained or referenced herein whether or not you become a paid subscriber. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR ACCESS THE SITE.
The services provided by the site consist of the following, without limitation,

All services to be provided by this site, all obligations of Lollypix and all communications between the parties with respect to these Terms shall be conducted in English. Web pages which are translated from English to other languages may contain errors or omissions. If for any reason the translated text is incorrect or misleading, the English text shall be deemed the official version.

USER CONDUCT

If you use this site, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example, among other things, you agree not to:

  1. Violate any applicable law or regulation;
  2. Submit material deemed to be “obscene” under the Criminal Code, RSC 1985 c C-46. That is, any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any or more of the following subjects, namely, crime, horror, cruelty and violence.
  3. Infringe the rights of any third party, including, intellectual property, privacy, publicity or contractual rights;
  4. Use the information available through our site for any unauthorized or illegal purpose;
  5. Interfere with or damage our site, including, without limitation, through the use of viruses, cancel bots, time bombs, Trojan horses, harmful code, flood pins, denial of service attacks, packet, IP spoofing or any other kind of bug used to harm and interfere with our site.
  6. Use our site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit, debt, calling card or account numbers,
  7. Use our site to obtain the personal contact information of another user without their prior consent;
  8. Use our site in connection with the distribution of unsolicited commercial email (“Spam”) or advertisements, “stalk”, harass o blackmail any other user of our site;
  9. Use the site if you have ever been convicted of a sexual offence or currently have such charges pending against you;
  10. Use the site for any illegal purposes, including, without limitation, prostitution or solicitation;
  11. Collect or store any information about any other user other than in the course of the permitted use of our site,
  12. Use our site for any unauthorized commercial purpose whatsoever, including, without limitation, advertising or marketing any services or products;
  13. Impersonate any person or entity;
  14. Remove any copyright, trademark or other proprietary right notices contained in the site;
  15. Infringe on the intellectual property rights of the site or any third parties in any manner;
  16. Modify, adapt sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the site;
  17. Post, upload or transmit false, misleading or illegal information or content to the site;
  18. Make false statements, attempts or use personal, financial or other information that you are not authorized to use;
  19. Upload, post, email transmit or otherwise make available any content that you are not legally permitted to make available to the site under any law or contractual or fiduciary relationship;
  20. Collect or store personal data about other users or members without their consent, or upload, post, email or transmit any other user’s or member’s private information or data;
  21. Provide hyperlinks, URL links graphic links or other direct connection to our site for profit, or gain; or
  22. Assist any third party in doing any of the foregoing.
YOUR INTERACTIONS WITH OTHER USERS OF THE SITE

You are solely responsible for your interactions with other users of our site, including the content of the materials you post on the site.

Limitations
You agree that we will not be responsible for any damage or harm resulting from your use of the site or your interactions with other users of our site. WHILE WE DO MAKE CONCERTED EFFORTS TO SCREEN AND PRE-APPROVE USERS, YOU UNDERSTAND THAT WE DO NOT IN ANY WAY INQUIRE TO THE BACKGROUNDS OF THE USERS OF THE SITE OR ATTEMPT TO VERIFY THEIR STATEMENTS. WE DO NOT PERFORM CRIMINAL OR ANY OTHER FORM OF BACKGROUND CHECKS ON OUR USERS OR MEMBERS. We reserve the right, but not the obligation, to monitor all interactions between you and other users of our site and to take any action in good faith to restrict access to or the availability of any material that we or another user of our site may consider to be illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable.

In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of the site.

We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the site.

User Disputes
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF OUR SITE AND OUR SERVICE. We reserve the right, but not the obligation, to monitor disputes between you and other users. You agree to release us, our affiliated entities, our shareholders, officers directors, employees and agents, successors and assigns from all claims, demands, damages, losses, liabilities of every kind arising out of or in any way related to such disputes.

Minors
Our site is intended for persons over the age of 18 years or who have otherwise attained the age of majority and legal consent in the jurisdiction of their residence ONLY. WE WILL NOT KNOWINGLY PERMIT ANYONE WHO DOES NOT MEET THESE CRITERIA TO USE OUR SITE. By using our site, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these Terms and abide by all of these terms and conditions set forth herein.

We are not responsible or liable for any misrepresentations regarding a user’s age or for the unauthorized use of this site by a minor.

LOLLYPIX SERVICE – REGISTRATION AND TERMINATION

Membership Categories
Users of the site may become “Posters” or “Purchasers”. Posters, prior to submitting any pictures, are required to provide the site administrators with two copies of satisfactory government issued picture identification at _________________________. Purchasers looking to purchase pictures are required to submit all the requested information and to purchase the required number of tokens.

Registration
In order to access the site, users are required to set up a “Profile”. To do so, users may be required to pay a membership fee and to purchase a certain number of tokens. A user may pay via credit card, cash, cheque or any other method we may accept as payment of account in accordance with our pricing policy as posted on or website under the “Buy Tokens” section in the site. All funds are quoted in Canadian Dollars. In addition to paying the published price, you are responsible for paying all applicable taxes or client transaction fees in connection with your purchase. We reserve the right to change our pricing policy or the method or manner in which we charge for our site at any time at our sole discretion without further notice. Once we have confirmed receipt of your payment, you will become a member and we will credit your account with the number of tokens purchased. Accounts may not be transferred between users.

Posters agree to provide the required bank account or credit card information to the site administrators for them to deposit their funds. Once a Poster’s picture is downloaded by a Purchaser, the Poster shall be compensated according to the payment schedule as may be determined by the site administrators from time to time.

You understand and agree that this is a condition of your use of this site and of your membership that all of the information you provide to us when you are signing up and providing your Profile is correct, current, accurate and complete. If you provide any misleading or false information to us, your right to use this site is invalid and your membership is void.

Username and Password
You must select a username and password when completing the registration process. You agree that you will not choose a name that may represent you as someone else or that may otherwise violate some third party’s rights. Your username and password are not transferrable and may not be assigned. You are solely responsible for all activities that occur under your username and password. You agree to:

We will not be liable for any loss or damage arising from your failure to comply with this section.

Cancellation of Account for Non-Usage
If you are a Purchaser and have not logged into your account within the previous 90 days, we reserve the right to cancel your remaining credits. You agree that the time will lapse automatically on your account and will be automatically deducted from your account as follows.

Refund Policy
YOU AGREE THAT ALL PURCHASES ARE NON-REFUNDABLE.

Termination
You agree and acknowledge that we, in our sole discretion, may terminate your access to our site for any reason, including, without limitation, your breach of these Terms. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to our Site. You understand that any termination of your access to our site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and prohibit any further access to such files. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our site.

You may terminate your access to our site at any time via our site or by sending us written or email notice of termination.

Privacy & Use of Information
You acknowledge and understand that due to the inherent uncertainty in the use of the internet and information systems, and the potential for unlawful attacks by third parties, we cannot guarantee that the use of our site will be completely safe and secure. We may process and store your personal information at a facility in Canada or any other country in which we maintain or use facilities or hosted services. Information may be subject to access by law enforcement or other governmental agencies pursuant to lawful orders or legal process. Any personal information you provide to us may be subject to all applicable laws. You agree to release us and our affiliates, including shareholders, officers, directors, employees and agents, from all claims, demands, damages, losses, liabilities of every kind, known and unknown, arising out or in any way related to the release or use of such information to third parties.

ELECTRONIC TRANSACTIONS

The purchase of any products on the site may be made through your through PayPal account. In order to make a purchase on the site, you will be required to complete an order form for any such purpose through your PayPal account. By completing this form, you acknowledge that you are at least eighteen (18) years of age, and agree to pay Lollypix for any Products that you order through the site through Paypal, and comply with Paypal's User Agreement, and Privacy Policy, as may be amended from time to time.

You are solely responsible for your use of PayPal's services to purchase any Products. We will not be responsible:

If your payment requires a currency conversion, the terms of the currency conversion will be governed solely by PayPal and your agreement with them.

USER CONTENT

By submitting any content, including your photographs and profile and other information, to our site, you represent and warrant to us that the content, including your photographs, is posted by you and that you are the exclusive author of the content, including your photographs, and use of your content by us will not infringe or violate the intellectual property or other rights of any other party.

By submitting any content, including photographs, you automatically grant, and you represent and warrant that you have the right to grant to us, an unlimited, perpetual, worldwide, non-exclusive, royalty-free irrevocable, transferrable right and license to use, reproduce, display, broadcast, publish, quote, re-post, reproduce, bundle, distribute create derivative works of, adapt, translate, arrange, sub-license, export, outsource, loan, lease, rent, share, assign and modify such content or incorporate into other works such content, and to grant and to authorize sublicenses and other transfers of the foregoing. You specifically authorize us to use this license to reproduce and display the photographs you transmit to us, in digital form alone or in connection with other images and to adapt, modify or alter your photographs or otherwise create derivative works based upon your photographs.

You are solely responsible for any contents that you submit, post or transmit via our site. You agree not to post or submit any content that:

If any such information that you provide to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.

We have no obligation to post any content that you or anyone else submits to us. While we do not and cannot review every picture or material posted or sent by any user of the site, we are not responsible for any content of the pictures or material posted. We reserve the right, to monitor, delete, move, remove, block, refuse to post or transmit, or edit messages or materials in our sole discretion, deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable. You understand and agree that we cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the site.

You acknowledge and agree that Lollypix may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to:

  1. Comply with the law, requests or orders from law enforcement, or legal proceedings;
  2. Property or defend Lollypix’s, or a third party’s, rights or property; or
  3. Protect someone’s health or safety, such as when harm or violence against any person is threatened.

Notwithstanding any other provision of these Terms, Lollypix reserves the right, but not the obligation, to disclose any information that any user submits to the site, if in its sole discretion, Lollypix suspects or has reason to suspect, that the information involves a party who may be a victim of abuse in any form. Abuse may include elder abuse, child abuse, spousal abuse, neglect, or domestic violence, among others. Information may be disclosed to authorities that Lollypix, in its sole discretion, deems appropriate to handle such disclosure. You hereby acknowledge and agree that Lollypix is permitted to make such disclosure.

THIRD PARTY CONTENT

In your use of the site, you may access content from third parties (“Third Party Content”), either via our site or through links to third party web sites. We do not control Third Party Content and make no representations or warranties about it. You acknowledge and agree that Third Party Content is the sole responsibility of the authors or sites displaying such Third Party Content and under no circumstances will Lollypix or its affiliates be liable in any way for any Third Party Content.

PROPRIERTARY RIGHTS

Content is Protected by Law
You acknowledge and agree that all content and materials available on our site are protected by either our rights, or the rights of our licensors or other third parties, of publicity, copyright trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You may not use any of the marks, logos, domains and trademarks that you may find on our site, unless you have our written permission. You agree not to sell, license, loan, rent modify, distribute copy, reproduce, transmit, publicly display, broadcast, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our site.

Use of Content
You agree not to systematically retrieve data or other content or any materials from our site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like. You agree not to use any of our trademarks or logos as metatags on other web sites. You agree not to display any of our site in a frame without our express written permission, which may be requested by contacting us at _______________________________. You may, however, establish ordinary links to the homepage of our site without our permission.

Content – AS-IS
All of the content on our site is provided on an “AS IS” basis. All content is the responsibility of the person that originated such content. You understand and agree that under no circumstances will we be liable for any losses, liabilities or damages incurred as a result of your use of any content on our site.

DISCONTINUANCE OF SERVICE

We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our site with or without previous notice. You acknowledge and agree that we will not be liable to you or to any third party for any modification or discontinuance of our site.

BLOCKING OF IP ADDRESSES

In order to protect the integrity of the site, we reserve the right at any time in our sole discretion, to block users from certain IP addresses from accessing our site.

REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to us that:

DISCLAIMER OF WARRANTIES

You agree that if you use our site you do so at your own risk and discretion. Our service is provided on an “AS IS” and “AS AVAILABLE” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.
We do not warrant that:

We are not responsible for any problems or technical malfunction of any computer online systems, servers or providers, or computer equipment software.
Under no circumstances will we or any of our affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of our site, any content posted on our site or transmitted to users, any products or services provided by third parties or any conduct or interactions between users of our site.

If you access or transmit any content through the use of our service, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content posted on our site, whether caused by users of our site or by any of the equipment programing associated with or utilized in the site. We are not responsible for that conduct, whether online or offline, of any user of our site. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.

No data, information or advice obtained by you in oral or written form from or through us, or from our site, will create any warranty not expressly stated in these terms.

LIMITS ON LIABILITY

You agree that we will not be liable for any damages whatsoever arising from, relating to or connected with:

We will not be liable for any failure or delay in performing under these terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labour strikes or difficulties, communication systems breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.

In no event will our aggregate liability to you or any third party in any matter arising from, relating to or connected with our site may exceed the sum of FIVE THOUSAND ($5,000.00) DOLLARS.

You acknowledge and agree that the disclaimers of warranties in this section are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability, we would not provide our site or the materials or content included to you. You acknowledge and agree that such provisions are reasonable and fair.

INDEMNITY

You agree to defend, indemnify and hold harmless our site, affiliates, and each of our directors, officers, shareholders, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), from any claim, demand, action, damage, loss, cost or connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of our site, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user or member of this site or any other third party, any business practices in which you engage or are alleged to engage, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms or any of the representations and warranties set forth above.

Users of the site are obligated to indemnify an Indemnified Party, we and the Indemnified Party will have the right, in our sole discretion, to choose our lawyers, experts and other advisers, conduct our own inquiry into the matter, control any investigation, action or proceeding and determine if and how we wish to settle it. You agree that you will advance costs and expenses to any Indemnified Party. You agree to cooperate with the Indemnified Parties in connection with any investigation, claim, action or proceeding covered by this section.

COPYRIGHT POLICY

The site contains information, which is proprietary to us, our partners and our users. We assert full copyright protection in the site. Information posted by us, our partners or users of the site may be protected whether or not it is identified as proprietary to us or to them. You may not post, distribute, or reproduce in any way any copyrighted material, trademark, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

LINKS

The site may provide, or third parties may provide, links, including, without limitation, banner ads and hyperlinks, to other web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available form such sites or resources. You acknowledge and agree that we are not responsible for any use of your personal information by such third parties. Such third parties have their own privacy policies and procedures.

GOVERNING LAW

These Terms and Agreement shall be governed by the laws of the Province of Alberta and any disputes shall be heard and resolved exclusively by the courts of the Province of Alberta.
You agree that:

ASSIGNMENT

You do not have the right to assign these Terms or this Agreement or any of your rights to our site to anyone. Lollypix Inc. has the right to assign any or all of its rights and obligations under this Agreement or to the site to any third party. Provided such rights and obligations are assumed by such third party, Lollypix Inc. shall be relieved of any and all liability under this Agreement and in such event you hereby agree to release Lollypix Inc. of all liability, claims, charges, damages and causes of action.

NOTICES

Unless otherwise provided in these Terms, all notices given to Lollypix Inc. and your site shall be delivered to:

Lollypix Inc.
17 Dickens Street.
Fort Saskatchewan, Alberta
T8L 0M8
Email: models@lollypix.com
Attention: _______________

All notices to you shall be sent by email to the email address provided to us at the time you registered or through a later notice of a change of address. We may also send you notice by registered mail.

Email notices shall be deemed received 24 hours after the email is sent, unless the sender is notified he email address is invalid or has been returned for some other reason. All other notices shall be deemed received when delivered.

MISCELLANEOUS

These Terms shall be binding on the parties, their successors and permitted assigns. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof.

The provisions of these Terms shall be deemed severable. If any provision of these Terms shall be held unenforceable by any court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

The headings utilized in these Terms are for convenience only and are not to be construed in any way as additions or limitations of the covenants and agreements contained in these Terms.