1. Intellectual Property
The Site and its original content, features, and functionality are and will remain the exclusive property of Lazyloader and its licensors and all mentioned in these Terms of Service. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lazyloader.
2. User Representations
By using the Site, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation.
3. User Accounts
If you create a user account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Lazyloader reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
4. User Content
The Site may contain content, including but not limited to text, photographs, and videos, contributed by users (“User Content”). User Content does not necessarily reflect the views of Lazyloader. In no event shall Lazyloader be liable for any User Content, including without limitation any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted, or otherwise made available via the Site.
You retain all rights in, and are solely responsible for, the User Content you make available through the Site. By making any User Content available through the Site, you grant to Lazyloader a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable right to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site and Lazyloader’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
5. User Conduct
You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site; (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to converting passwords or other restricted access features of the Site; (e) harassing, annoying, intimidating, or threatening any Lazyloader employees or agents engaged in providing any portion of the Site to you; (f) attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site; (g) disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real-time exchanges; (h) using the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; (i) removing any copyright, trademark, or other proprietary rights notices contained in the Site; (j) aggregating, copying, or duplicating in any manner any of the Site or its related information or data; or (k) framing of or linking to any of the Site or User Content.
6. Disclaimer of Warranties
THE SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT, FUNCTIONALITY, AND SERVICES, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SITE. SPECIFICALLY, LAZYLOADER DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND (B) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LAZYLOADER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7. Limitation of Liability
IN NO EVENT WILL LAZYLOADER, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Indemnification
You agree to defend, indemnify, and hold harmless Lazyloader, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of your violation of these Terms of Service or your use of the Site, including, but not limited to User Content submitted by you.
9. Dispute Resolution
Any dispute arising from or relating to the subject matter of these Terms of Service shall be finally settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such dispute shall be arbitrated on an individual basis, and shall not be consolidated with any other arbitration.
10. Governing Law
These Terms of Service and your use of the Site are governed under the laws of Bangladesh, without regard to its conflict of law provisions.
11. Changes to the Terms of Service
Lazyloader reserves the right, in its sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
12. Contact Information
If you have any questions about these Terms of Service, please contact Lazyloader at hello@thelazyloader.com.
13. Termination
Lazyloader may terminate or suspend all or a portion of the Site, or your use of all or a portion of the Site, at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms of Service or your account, you may discontinue using the Site.
14. General Terms
These Terms of Service, together with the Privacy Policy and any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement regarding the use of the Site. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Lazyloader’s failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
In the event of any conflict between these Terms of Service and any contract you have with Lazyloader, the terms of that contract will control.