Terms of Use

This document was last revised June 18th, 2011.

These Terms of Use ("Terms") govern your access to and use of all Lazy Angel, LLC ("Lazy Angel")'s Services and Products ("our Services/Products") including but not limited to the LazyAngel Browser App, Message Server, Advertising Panel, and websites. By accessing and using our Services/Products, you agree to comply with these Terms.

Revisions

Lazy Angel reserves the right, at its sole discretion, to modify these Terms (in whole or in part) from time to time. Any modifications will be effective upon posting to this page. You agree to be bound to any changes to these Terms when you use our Services/Products. If changes are made to the Terms, we will post the changes to this page and notify you via email.

Eligibility

By using our Services/Products, you guarantee that: (a) all required registration information is truthful and correct; (b) you will maintain accuracy of your information; and (c) you are 13 years of age or older. Your Lazy Angel account may be deleted without warning if we have reason to believe that you don’t meet the eligibility requirements.

Password

You are responsible for safeguarding the password that you use to access our Services/Products, and for any activities and actions under your password.

Privacy

Any information that you provide to Lazy Angel is subject to our Privacy Policy, which governs our collection and use of information.

Non-Commercial Use

Our Services/Products are made available for your non-commercial use only (at home or at work). Businesses, organizations, schools, and other groups can make use of our Services/Products for non-commercial purposes.

You may not modify, reproduce, distribute, publish, license, create derivative works from or sell any information or software associated with Services/Products, without first obtaining written permission from Lazy Angel by contacting us at: [email protected].

You may not use our Services/Products in any manner that could damage, disable, overburden, or impair our Services/Products (e.g., you may not use the LazyAngel Browser App or websites in an automated manner), nor may you use the our Services/Products in any manner that could interfere with any other party’s enjoyment or use of the same. You may not use any third party toolbars, software, or scripts to access the our Services/Products or its underlying technology or software.

Intellectual Property

You acknowledge that Lazy Angel owns all rights, titles, and interests in and to our Services/Products, and portions thereof, including without limitation, the LazyAngel Browser App, Message Server, Advertising Panel, and websites, and all underlying software and technology, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect in the United States or worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Lazy Angel Services and Products.

Third Party and Other Content

Third Party Content

"Content" from advertising sponsors and other third parties is made available to you through our Services/Products. Because we do not control such Content, you agree that we are not responsible for any such Content, including but not limited to advertising or other information. Because we do not have complete control over the Content on our Services/Products, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by advertising sponsors and other third parties.

Amazon Associates Disclaimer

LazyAngel is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com

Objectionable Content

We reserve the right to remove content that we determine in our sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any Advertising Sponsor account posting or hosting objectionable content or recommending objectionable websites are subject to termination.

Third-Party Websites

Our Services/Products contain links to third-party websites ("Third-Party Websites"). You use all such links to Third-Party Websites as at your own risk. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply endorsement, adoption, or affiliation with, such Third-Party Website by ourselves or our partners. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Child Health Impact Counter

Child Health Impact counters on LazyAngel Browser App and websites are estimates of user impact based on ad revenue and cost data. "Child Health Days" are estimates meant for the purpose of abstraction. Both global and individual data may be adjusted to correct for technical error, as well as for over- and under-estimations.

Responsibility

Your interactions with other Lazy Angel users ("Users") on our Services/Products or with advertising sponsors ("Advertisers"), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Users or Advertisers. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User or Advertiser's use or disclosure of your personally identifiable information on external websites or through authorized us of our Services/Products. If there is a dispute between you and any Third-Party, we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other third parties.

Acceptable Use and Conduct

Prohibited Content

You agree that you will not post from the LazyAngel Browser App or through other of our Services/Products any Prohibited Content. "Prohibited Content" includes, without limitation, Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (vii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (viii) otherwise violates the terms of this Agreement or creates liability for us.

Breach

Lazy Angel may, in its sole discretion, terminate or suspend, among others options, your access to and your rights to use the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, Lazy Angel profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, and usage history.

Photographs

You may not post a photograph of another person without that person's permission. Photographs are not yet part of a Lazy Angel member's account. This provision is provided in case of implementation.

Antivirus Software

You are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies, and Lazy Angel is not responsible for Third-Party Websites that contain or deliver viruses, spyware, malware, or other harmful content or code.

Disclaimer of Warranties

Lazy Angel disclaims any responsibility for any harm resulting from your use of the LazyAngel Browser App and websites.

Lazy Angel disclaims any responsibility for harm resulting from your use of our Services/Products. The Services/Products are provided "as is," with no warranties whatsoever. Lazy Angel expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and noninfringement of proprietary rights. Lazy Angel and any third party who makes its availability in conjunction with or through our Services/Products disclaim any warranties regarding the security, reliability, timeliness and performance of our Services/Products.

You understand and agree that you download and/or use our Services/Products at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the use of the Services.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Limitation of Liability

Under no circumstances shall Lazy Angel be liable to any user on account of that user's use or misuse of the Services. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Lazy Angel has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on our Services/Products, from inability to use the Services, or from the interruption, suspension, or termination of the Services (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

Release

You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any of our offline events.

Miscellaneous Provisions

Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to the conflict of laws provisions of Colorado or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Lazy Angel.