vivapop

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (the "Service").

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE: The Service at www1.vivapop.com is operated and provided to you, the user ("you" or "User") by liliLojik LLC ("we" or "liliLojik") under these terms of use ("TOU"). By accessing and using the Service or completing its registration process, you are hereby agreeing to be legally bound by these TOU. If you do not agree with all of the following terms and conditions, please do not use the Service. We reserve the right, at our sole discretion and without notice to you, to change, modify or otherwise alter these TOU at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review these TOU periodically. Your continued use of the Service following the posting of any changes and/or modifications will act as your acceptance of the revised TOU. Your right to use the Service is personal to you. You agree not to resell or make any commercial use of the Service without the express written consent of liliLojik. You may not create bots or other computer generated automatic tools to use the Service, nor abuse the Service in any manner. Use that constitutes abuse shall be determined by liliLojik in its sole discretion. Your right to use the Service may be terminated at any time if you violate these TOU.

2. SERVICES VOID WHERE PROHIBITED: Use of the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority, and capacity to agree to and abide by all of these TOU. No software from the Service may be downloaded, exported or re-exported in violation of any law, including, without limitation, to countries that are subject to U.S. export restrictions.

3. OWNERSHIP OF INTELLECTUAL PROPERTY: All Service software, design, text, images, photographs, audio, video, artwork and other copyrightable materials and elements, and the selection and organization thereof, and trademarks, service marks, logos and trade names (the "Material") are, as between you and liliLojik, the property of liliLojik and are protected by, without limitation, U.S. and foreign copyright and intellectual property laws. You are hereby granted a personal, non-exclusive, non-assignable and non-transferable license to use and display for noncommercial and personal use only, one copy of any Material that you may download from the Service, including, without limitation, any codes, files, audio, video or other images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, broadcast or circulate any Material (including, without limitation, via a third party website), without the express written consent of liliLojik. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Service or any Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. All rights not expressly granted under these TOU are reserved to liliLojik.

4. DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY: THE SERVICE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. LILILOJIK IS NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODES OR OTHER CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THE SERVICE. LILILOJIK MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. LILILOJIK MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT LILILOJIK DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO LILILOJIK FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE SERVICE. LILILOJIK MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LILILOJIK OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, LILILOJIK AND THIRD PARTY PROVIDERS TO THE SERVICE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOSS OF ANY USER DATA) THAT MAY RESULT FROM (I) THE USE OF OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH LILILOJIK OR A THIRD PARTY THROUGH THE USE OF THE SERVICE; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA, EVEN IF LILILOJIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FORESEEABILITY THEREOF. YOU SPECIFICALLY AGREE THAT LILILOJIK IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

5. CONTENT: You are solely responsible for any data, text, media messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service. All Content posted by you is your sole responsibility. liliLojik does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity, quality or propriety of such Content. By using the Service you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will liliLojik be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service. Subject to the terms of liliLojik's Privacy Policy, you agree if you post any Content on the Service, you grant to liliLojik, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license, in and to the Content, to reproduce, create derivative works from, perform, publish, broadcast, circulate, distribute, display, modify, redistribute, sublicense and reproduce such Content. You also grant liliLojik the right to authorize the downloading and printing in whole or in part of any Content that you post to the Service.

6. INFRINGING MATERIAL: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service without your permission or in any way that constitutes copyright infringement, please provide liliLojik with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact liliLojik at the following address: 15 East Putnam Avenue Suite 2990; Greenwich, CT 06830-5424.

7. NOTICES: liliLojik may give notice to you by e-mail, a posting on the Service, or other reasonable means. You must give notice to liliLojik in writing via e-mail or as otherwise expressly provided by liliLojik. liliLojik may broadcast, distribute or display notices or messages through the Service to inform you of changes to these TOU, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

8. PRIVACY POLICY: It is liliLojik's policy to respect the privacy of its users. liliLojik's policies with regard to personally identifiable information it collects from you, what information third parties affiliated with liliLojik collect from you and how that information is used is governed by the liliLojik Privacy Policy, which you can access here: Privacy Policy.

9. SECURITY: You are solely responsible for maintaining the confidentiality of your password and account ("User Account"). You are also solely responsible for any and all activities that occur under your User Account including access and use by any other family members. You may change your password, or any other account information, at any time by following instructions available on www1.vivapop.com. You may also set up a new account at your convenience. You agree to notify liliLojik immediately of any unauthorized use of your User Account or any other breach of security known to you. You must promptly inform liliLojik of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until liliLojik is notified by email of a breach in security, you will remain liable for any unauthorized use of the Service through your User Account. In consideration for using the Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration is inaccurate, liliLojik reserves the right to terminate your account immediately and your right to use the Service.

10. USER CONDUCT: liliLojik reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. liliLojik does not allow, and you agree not to do the following: Use the Service for illegal purposes; Interfere or disrupt networks connected to the liliLojik Service or violate the regulations, policies or procedures of such networks; Violate the intellectual property rights of others (including but not limited to copyright, trademark and patent rights) while using the Service; Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or Engage in any other conduct which, in liliLojik's sole discretion, is considered inappropriate, unauthorized or objectionable.

11. INDEMNIFICATION: You agree to indemnify and hold liliLojik, its parent, subsidiary, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of these TOU by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

12. TERMINATION: You may terminate your participation in the Service with or without cause at any time and effective immediately. liliLojik may terminate the Service or your use of the Service with or without cause at any time and effective immediately, at liliLojik's sole discretion, including but not limited to immediate termination of your use of the Service should your conduct fail to conform to the terms and conditions of these TOU. liliLojik shall not be liable to you or any third party for termination of the Service or termination of your use of the Service. Should you object to any terms and conditions of these TOU or any subsequent modifications liliLojik makes to these TOU or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; and (2) notify liliLojik of your termination and, at your discretion, notify liliLojik of the reasons for your termination. Upon termination of your use of the Service, your right to use the Service shall cease immediately. You shall have no right and liliLojik will have no obligation thereafter to forward any unread or unsent messages to you or any third party on your behalf. Sections 2, 3, 4, 5, 8, 9, 11, 13, 14 and 16 shall survive termination of these TOU.

13. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS: liliLojik shall not be liable for your interactions with any organizations and/or individuals found on or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. liliLojik is under no obligation to become involved in disputes between participants on the Service, or between participants on the Service and any third party. Inaccuracies in scheduling information could be for any number of reasons, including, but not limited to, inconsistencies between direct mail and web-based scheduling data, lack of web-based scheduling data, unpublished changes to scheduling data, and/or human error. Please confirm schedule directly with the program provider either by calling or, after loading the schedule to your personalized vivapop calendar, clicking through to its website, if available.

14. LINKS TO THIRD PARTY SITES: Any websites that are accessible via links included within the Service that take you out of the Service are not under liliLojik's control and liliLojik shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any website you visit.

15. VIOLATION OF TERMS BY OTHER USERS: liliLojik asks that you participate in ensuring that all users follow these TOU by reporting any violations. To report a violation of these TOU, please contact us at 203-661-0555.

16. GENERAL PROVISIONS: These TOU shall be governed by and construed in accordance with the laws of the State of New York, applicable to agreements entered into and performed in their entirety within such state. You agree to submit to the exclusive jurisdiction of the courts of the State of New York, provided, however, that liliLojik, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to these TOU through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in New York, NY and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of these TOU is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. liliLojik's failure to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by liliLojik in writing. User and liliLojik agree that any lawsuit arising out of or related to the Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in these TOU are solely used for the convenience of the parties and have no legal or contractual significance.

LAST REVISED ON: November 4, 2005.