Terms of Use
By visiting Lollipop Road Media LLC's website(s) you agree to abide by the Terms of Use described herein. These Terms of Use apply to all Lollipop Road Media LLC websites individually and collectively whether referred to in the singular or plural herein. These Terms of Use should be read in conjunction with our Privacy Policy and FTC Disclosure Policy.
Any rights not expressly granted by Lollipop Road Media LLC herein are expressly reserved.
Acceptance of Terms of Use
The access to Lollipop Road Media LLC’s site is provided free of charge to you by Lollipop Road Media LLC under these Terms of Use. Although portions of Lollipop Road Media LLC’s site may be viewed simply by visiting the site, in order to access any e-commerce site and/or receive additional services from Lollipop Road Media LLC you may need to sign on as a guest or register as a member of Lollipop Road Media LLC’s site. If you sign on to Lollipop Road Media LLC’s site as a guest or if you register as a member of Lollipop Road Media LLC’s site community, these Terms of Use will govern your use of Lollipop Road Media LLC’s site, including access to message boards, blogs and other features.
BY SIGNING ON TO LOLLIPOP ROAD MEDIA LLC’S SITE AS A GUEST AND/OR BY COMPLETING THE REGISTRATION PROCESS AND/OR POSTING A COMMENT OR MESSAGE ON LOLLIPOP ROAD MEDIA LLC'S SITE AND/OR BY MAKING A PURCHASE ON LOLLIPOP ROAD MEDIA LLC’S SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
These Terms of Use govern your use of Lollipop Road Media LLC’s site and all services provided in connection with Lollipop Road Media LLC’s site. Lollipop Road Media LLC shall not be liable to you for any breach of these Terms of Use. In addition, Lollipop Road Media LLC does not bear any fiduciary responsibility to any user of this website. If you do not agree to these Terms of Use, please do not register for or enter Lollipop Road Media LLC’s site. The Terms of Use for your continued use of Lollipop Road Media LLC’s site will be posted on the Lollipop Road Media LLC site. Please check this area before using Lollipop Road Media LLC’s site to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please arrange to terminate your registration with Lollipop Road Media LLC’s site immediately (i) by notifying Lollipop Road Media LLC of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Lollipop Road Media LLC’s site. Your continued use of Lollipop Road Media LLC’s site shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.
From time to time Lollipop Road Media LLC may supplement these Terms of Use with additional Terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on Lollipop Road Media LLC’s site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.
Registration Information/Privacy Policy
When you engage in certain activities on this site, such as ordering products, posting comments or messages or entering contests, Lollipop Road Media LLC may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Lollipop Road Media LLC may require that you provide certain personal information, such as your name, mailing address, e-mail address, and other personal identifying information. When ordering products on the web site, you may be asked to provide a credit card number. Lollipop Road Media LLC may utilize third party advertising and affiliate links on its site. When you click on that link you will be be sent to a third party website for which Lollipop Road Media LLC has no control. Any information submitted to a third party not controlled by Lollipop Road Media LLC is not governed by these Terms of Use, so it is the responsibility of the visitor to obtain any applicable Terms of Use from the third party directly. Your personal information will not be leased, sold, rented or otherwise made available to any other third party by us except as otherwise disclosed herein. We may be obligated to disclose your information to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. All information collected, regardless of type, will be protected pursuant to the Privacy Act and the Freedom of Information Act.
Other provisions contained herein, to the contrary notwithstanding, you hereby agree that Lollipop Road Media LLC may assign, sell, license, or otherwise transfer to a third party, your name, address, email address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a material portion or essentially all of the assets or stock of Lollipop Road Media LLC or its affiliated entities.
Your personal information will not be used by Lollipop Road Media LLC for editorial purposes unless you first agree in writing. Posting a comment or message on one of our public forums or blogs constitutes consent. Lollipop Road Media LLC may also use such information for Lollipop Road Media LLC promotional and marketing purposes. Lollipop Road Media LLC respects your privacy. We recognize and appreciate the importance of responsible use of this information and realize that not everyone likes to receive special offers or information about Lollipop Road Media LLC products and services.
If you would like your name deactivated from Lollipop Road Media LLC’s lists, or if you would like to unsubscribe from Lollipop Road Media LLC’s e-mail bulletins, please use the contact information below to request that Lollipop Road Media LLC deactivate you from its lists. Be sure to include your name, postal address, telephone number, and/or other necessary information needed for deactivation. Lollipop Road Media LLC will use reasonable efforts to honor your requests in a timely manner.
You should be aware that when you voluntarily disclose personal information (e.g., user name, e-mail address, physical address, etc.) publicly on Lollipop Road Media LLC’s blog or discussion forums, that information can be viewed and used by others and may result in unsolicited messages from other posters or parties, for which Lollipop Road Media LLC has no control and is not liable.
When you visit a Lollipop Road Media LLC Web site, you can surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, we may use "cookies" from time to time to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses.
While Lollipop Road Media LLC may use cookies to track your visit to a Lollipop Road Media LLC Web site, and our hosts Web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided Lollipop Road Media LLC with personal information.
The links to third parties contained within this website will allow you to leave Lollipop Road Media LLC’s site. The sites that are linked to Lollipop Road Media LLC’s site are not under the control of Lollipop Road Media LLC except those noted as such and which are subject to these same Terms of Use. Lollipop Road Media LLC is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. Lollipop Road Media LLC provides these links only as a convenience to you, the user of the website; and the inclusion of any link does not imply endorsement by Lollipop Road Media LLC of the linked site except as otherwise explicitly stated. Please note that Lollipop Road Media LLC is not responsible for the content or privacy practices of non-Lollipop Road Media LLC Web sites to which Lollipop Road Media LLC Web site may link.
Users may contact us via e-mail with any further questions.
Contact Information:
Lollipop Road Media LLC
P.O. Box 120
Baptistown, NJ 08803-0120
Modifications of these Terms of Use
Lollipop Road Media LLC may modify these Terms of Use from time to time at its sole discretion. Each time you log on to Lollipop Road Media LLC’s site, you will be deemed to have accepted any such changes, unless you arrange to terminate your registration with Lollipop Road Media LLC’s site immediately (i) by notifying Lollipop Road Media LLC of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Lollipop Road Media LLC’s site.
Modifications of the Lollipop Road Media LLC Site
Lollipop Road Media LLC may modify or discontinue Lollipop Road Media LLC’s site with or without notice to you and without liability to you or to any third party.
Content of Messages
You also agree not to use Lollipop Road Media LLC’s site to send or post on message boards, blogs or any place on Lollipop Road Media LLC’s site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Lollipop Road Media LLC reserves the right to moderate and/or delete any such material from Lollipop Road Media LLC’s site. Lollipop Road Media LLC will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this section.
You agree not to post or use Lollipop Road Media LLC’s site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Lollipop Road Media LLC permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to Lollipop Road Media LLC’s site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that Rights do not protect any information, software, images or any other content on Lollipop Road Media LLC’s site rests with you. You acknowledge that Lollipop Road Media LLC may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which may include your member name, to any "public area" of Lollipop Road Media LLC’s site, including message boards, forums, blogs, contests and/or chat rooms, you grant Lollipop Road Media LLC and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Lollipop Road Media LLC’s site retains any and all Rights that may exist in such content.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF LOLLIPOP ROAD MEDIA LLC’S SITE IS AT YOUR SOLE RISK. LOLLIPOP ROAD MEDIA LLC’S SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOLLIPOP ROAD MEDIA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LOLLIPOP ROAD MEDIA LLC MAKES NO WARRANTY THAT LOLLIPOP ROAD MEDIA LLC’S SITE WILL MEET YOUR REQUIREMENTS, OR THAT LOLLIPOP ROAD MEDIA LLC’S SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LOLLIPOP ROAD MEDIA LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LOLLIPOP ROAD MEDIA LLC’S SITE. LOLLIPOP ROAD MEDIA LLC WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF LOLLIPOP ROAD MEDIA LLC’S SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LOLLIPOP ROAD MEDIA LLC’S SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT LOLLIPOP ROAD MEDIA LLC DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH LOLLIPOP ROAD MEDIA LLC’S SITE. LOLLIPOP ROAD MEDIA LLC IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER LOLLIPOP ROAD MEDIA LLC NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN LOLLIPOP ROAD MEDIA LLC’S SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. LOLLIPOP ROAD MEDIA LLC ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
LOLLIPOP ROAD MEDIA LLC SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN LOLLIPOP ROAD MEDIA LLC’S SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOLLIPOP ROAD MEDIA LLC OR THROUGH LOLLIPOP ROAD MEDIA LLC’S SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LOLLIPOP ROAD MEDIA LLC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH LOLLIPOP ROAD MEDIA LLC’S SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH LOLLIPOP ROAD MEDIA LLC’S SITE.
LOLLIPOP ROAD MEDIA LLC IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE LOLLIPOP ROAD MEDIA LLC’S SITE. AS A CONVENIENCE TO LOLLIPOP ROAD MEDIA LLC’S USERS, LOLLIPOP ROAD MEDIA LLC MAY PROVIDE LINKS TO RESOURCES THAT ARE BEYOND LOLLIPOP ROAD MEDIA LLC’S CONTROL. LOLLIPOP ROAD MEDIA LLC MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH LOLLIPOP ROAD MEDIA LLC MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST LOLLIPOP ROAD MEDIA LLC WITH RESPECT TO SUCH SITES.
Limitation of Liability
LOLLIPOP ROAD MEDIA LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE LOLLIPOP ROAD MEDIA LLC’S SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH LOLLIPOP ROAD MEDIA LLC’S SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF LOLLIPOP ROAD MEDIA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Legal Disclosure
Lollipop Road Media LLC may, from time to time, send e-mail messages to you containing advertisements, promotions, etc or may sell, promote or otherwise advertise certain products on its site. Lollipop Road Media LLC makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained from Lollipop Road Media LLC or any third parties linked from the site, and you agree that Lollipop Road Media LLC shall not have any liability with respect thereto.
Indemnification
You agree to indemnify and hold each officer, member and/or employee of Lollipop Road Media LLC, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Lollipop Road Media LLC’s site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be New Jersey State and U.S. Federal courts sitting in the State of New Jersey and U.S. Federal courts having within their jurisdiction the location of Lollipop Road Media LLC's principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
Remedies for Breach of these Terms by You
In the event that Lollipop Road Media LLC determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of Lollipop Road Media LLC’s site, Lollipop Road Media LLC reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to Lollipop Road Media LLC’s site, (iii) delete all content provided by you to Lollipop Road Media LLC’s site, (iv) discontinue your registration with Lollipop Road Media LLC’s site and/or any other Lollipop Road Media LLC community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Lollipop Road Media LLC deems to be appropriate.
Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Lollipop Road Media LLC may assign its rights and obligations under these Terms of Use and upon such assignment Lollipop Road Media LLC may be relieved of any further obligation hereunder.
You represent to Lollipop Road Media LLC that you have the authority to register with Lollipop Road Media LLC’s site according to these Terms of Use.
These Terms of Use and any Additional Terms (as such terms shall be identified when posted on Lollipop Road Media LLC’s site by Lollipop Road Media LLC) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Lollipop Road Media LLC, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.