TERMS & CONDITIONS

Lollipop Labs welcomes you to this Website (the “Website”). The Website is provided to you under these Terms & Conditions of Use and any amendments or revisions to them that may be posted from time to time.

These Terms & Conditions shall apply to: (a) all information and content available on or through or submitted on or through this Website, including all web pages, photographs, images, data, text, graphics, audio, video, and documents; and (b) all services and products offered on or through this Website.

By accessing the Website, you acknowledge that you have read and understand these Terms & Conditions, accept them, and agree to be legally bound by them.

Lollipop Labs may revise these Terms & Conditions and the Privacy Policy over time as new features are added to the Website or as Internet law and standards evolve. We will post these changes but recommend that you read these Terms & Conditions periodically when you visit the Website.

Your continued participation on this Website indicates your acceptance of these Terms & Conditions, including your acceptance of the Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information (as defined in the Privacy Policy).

If you have any objections to any of these Terms & Conditions, you should immediately discontinue use of the Website.

Use of the Site
You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

Software
You acknowledge that these Terms & Conditions govern your use of any software provided by Lollipop Labs and/or made available through the Website, including any game software (the “Software”), whether or not there are separate license agreements and/or end user agreements. Unless otherwise agreed in writing, you acknowledge that (1) you shall not attempt to alter or modify the Software; (2) you shall not reverse engineer, decompile, or otherwise attempt to gain access to the source code for the Software; (3) you shall not attempt to circumvent or disable the Software or its intended purpose; and (4) you shall not copy, sublicense, assign, transfer, distribute, transmit or otherwise use the Software without the prior written consent of Lollipop Laps.

Products & Services
Certain products and/or services offered on or through the Website may be eliminated at any time without prior notice. Lollipop Labs makes no representation that any particular products and/or services will be available for any particular period of time.

Customer Service/Information
For Customer Service and/or questions you may have about the Website, you may contact us at support@lollipoplabs.com

Privacy
This experience is designed for kids, but information must be submitted by an adult, or, at a minimum, someone over the age of 13. Lollipop Labs will not knowingly collect personal information from children under age 13. For more information, please visit our Children’s Privacy Policy.

Trademarks
Many of the trademarks/service marks and/or logos (a “Mark” or collectively the “Marks”) displayed on the Website identify the particular services and products of Lollipop Labs and third parties, and inform the public as to the source of those services and products. Your misuse of any Mark is strictly prohibited, including without limitation, your use of Marks in any of the following ways:
• In a manner likely to cause confusion
• To identify your products or services
• In, as, or part of your own trademarks or service marks
• In a manner that inaccurately implies a sponsorship, endorsement, or other connection with your products, services or other activities
• In a manner that disparages or dilutes the Marks

Submissions by You
If you submit any content, including any photographs, videos, text, graphics, software, music, sound, messages, comments, feedback, data, information, or other materials (collectively, the “Content”), on or to the Website, you (1) represent and warrant to Lollipop Labs that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions for the use of the Content; and (2) grant to Lollipop Labs an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to reproduce, modify, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed. You acknowledge that any Content submitted by you may be handled by Lollipop Labs on a non-confidential basis.

THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY AND ALL INFORMATION AND MATERIAL) IS PROVIDED SOLELY AS GENERAL INFORMATION AND ENTERTAINMENT. LOLLIPOP LABS ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION OR MATERIAL POSTED ON THIS WEBSITE. WHILE LOLLIPOP LABS STRIVES TO PROVIDE INFORMATION THAT IS ACCURATE, COMPLETE AND UP-TO-DATE, LOLLIPOP LABS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THIS WEBSITE.

We may also provide links to other Websites that we hope you will find helpful. We do not control the material presented in other Websites, however, and we do not vouch for or assume responsibility for the accuracy of such material.

Additional Disclaimers and Limitation of Liabilities and Warranties
The Website may contain technical inaccuracies, typographical errors, and out of date information. Lollipop Labs makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and Lollipop Labs makes no warranty that the Website will meet your requirements. Lollipop Labs reserves the right to make changes to the Website at any time. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

LOLLIPOP LABS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) LOLLIPOP LABS MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” LOLLIPOP LABS MAKES NO WARRANTY OF NONINFRINGEMENT. LOLLIPOP LABS ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE WEBSITE.

Indemnification
You shall indemnify and hold harmless Lollipop Labs, its affiliates, officers, employees, and agents, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website , including any products and/or services offered through the Website , Content that you submit through the Website , and/or your breach of any of the provisions of the Terms & Conditions and/or the Privacy Policy.

Intellectual Property Limitation of Liability
Lollipop Labs respects the intellectual property of others, and we ask visitors to our Website to do the same. If you believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of Lollipop Labs:

• Identification of the copyrighted work(s) that you claim has been infringed
• Identification of where the material that you claim to be infringing is located on the Website
• A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf
• Your address, telephone number, and e-mail address
• Your physical or electronic signature.

The designated agent of Lollipop Labs for notification of claims of copyright infringement on this Website can be reached as follows:

Address:       Lollipop Labs
      c/o Copyright Agent
      2110 Artesia Blvd.
      Suite 523
      Redondo Beach, CA 90278

E-mail:    support@lollipoplabs.com

Dispute Resolution
Any action based on a breach of any provision of these Terms & Conditions shall be brought to the federal or local courts presiding in California, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction, and grant to Lollipop Labs its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.

Applicable Laws and Jurisdictional Issues
The Website shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of California applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Website, you consent to the jurisdiction of the courts presiding in California and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

Compliance with Laws
You agree that you will not use the Website for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Website or the products or services provided on or through the Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Website or the products or services provided on or through the Website in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.

Force Majeure
Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Lollipop Labs is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of Lollipop Labs, then Lollipop Labs shall not be responsible to you for any failure or delay in the performance of its obligations. Lollipop Labs shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Lollipop Labs from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

Headings
The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

No Assignment
You may not assign your rights or obligations under this Agreement without the prior express written consent of Lollipop Labs.

Invalidity of Provisions
In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

No Waiver
Any failure by Lollipop Labs to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

Changes to the Terms & Conditions
No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Website or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms & Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of Lollipop Labs.

Complete Understanding
These Terms & Conditions constitute the entire understanding between Lollipop Labs and you with respect to the Website.

BY USING THE WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS & CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE WEBSITE, YOU WARRANT THAT YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL.

If you have any questions about our Terms & Conditions, please contact us by e-mail or mail.

Last updated: December 12, 2023

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