Terms & Conditions
The Website is only available only to individuals at least 18 years of age, and to individuals between 13 and 18 years of age who have their parent’s consent to use the Website and to be bound by these Terms and Conditions. If you are not at least 18 years of age, or if you are between 13 and 18 years of age but do not have your parent’s consent to use the Website and to be bound by these Terms and Conditions, you are not granted any right or permission to use the Website and you must exit the Website immediately.
Section I – Website Access
LOLA & FITZ hereby grants you permission to use the Website as set forth in these Terms and Conditions, provided that without limiting the foregoing, you agree that you will not use our Website to take any of the following actions:
- Engage in any illegal activities.
- Undertake any activities that will disrupt our Website, servers, or networks;
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, “”Transmit””) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising, promotional materials or chain letters;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Collect or store personal information about other end users;
- Impersonate any person or entity, including, but not limited to, a LOLA & FITZ representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
By using the LOLA & FITZ service, you agree:
- to be solely responsible for photos, captions to photos, videos, messages (sent and received), and other content that is uploaded, published, or displayed on or through the LOLA & FITZ Website;
- to be responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the Website or provide to LOLA & FITZ;
You also agree that:
- LOLA & FITZ has no obligation to monitor any of the Materials, but may do so;
- If you terminate your registration, your Materials will be deleted from the LOLA & FITZ Service; LOLA & FITZ will reasonably attempt to delete any Materials you provide, however, you acknowledge and agree that copies, derivatives of the Materials, or copies may still reside within the Service, such as, for instance, backup copies;
- LOLA & FITZ does not guarantee, nor is LOLA & FITZ responsible for, the removal of all traces of the Materials from the Service after you delete the Materials or after your registration is terminated;
- LOLA & FITZ is in no way responsible for the deletion of the copies of the Materials that reside outside of the Service;
- LOLA & FITZ is authorized to make copies thereof as they deem necessary in order to facilitate the posting and storage of the User Content on the Website. LOLA & FITZ may delete or remove without notice any Website Content or User Content in its sole discretion, for any reason or no reason, including Content that in the sole judgment of LOLA & FITZ, might be offensive, illegal, or that might violate the rights, harm or threaten the safety of users or others.
Section II – Your Account
Section III – User Submissions
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. LOLA & FITZ does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and LOLA & FITZ expressly disclaims any and all liability in connection with User Submissions. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the LOLA & FITZ Website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions. LOLA & FITZ does not permit copyright infringing activities and infringement of intellectual property rights on its Website.
LOLA & FITZ does not claim ownership of User Submissions. However, with respect to User Submissions or content you make available for inclusion on publicly accessible areas of the Service, you grant LOLA & FITZ worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Service in connection with the LOLA & FITZ Website and
LOLA & FITZ’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the LOLA & FITZ Website (and derivative works thereof) in any media formats and through any media channels. This license exists only for as long as you elect to continue to include such content on the Service and will terminate at the time you remove or the LOLA & FITZ Website removes such content from the Service.
LOLA & FITZ reserves the right to remove inappropriate content and User submissions without prior notice. LOLA & FITZ will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. The LOLA & FITZ Website also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. The LOLA & FITZ Website may remove such User submissions and/or terminate a User’s access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
Section IV – Content Linked to by LOLA & FITZ
In accessing the Website and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. LOLA & FITZ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.You agree that your only recourse is to stop using the Website and Services.
Section V – Copyright complaints
LOLA & FITZ does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and LOLA & FITZ will remove all content and User submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us a mail containing the following information:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the LOLA & FITZ Website that you claim is infringing, with enough detail so that we may locate it on the website. Providing URLs is the best way for this;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement signed by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
Section VI – Warranty Disclaimer
LOLA & FITZ PROVIDES THE WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LOLA & FITZ SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT.
Section VII – Limitation of Liability
You understand and agree that you use the Website and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL LOLA & FITZ BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE WEBSITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT LOLA & FITZ HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS WEBSITE OR SERVICES OR WITH THE LOLA & FITZ WEBSITE SHALL BE TO TERMINATE USE OF THIS WEBSITE AND SERVICES.
Section VIII – Copyright, Intellectual Property
All works of authorship, information, content, functional components, software, downloads, upgrades, documentation, service packages, services, and material and any other item or offering appearing on, made available via, or contained in this Website (“Website Materials”) are protected by law, including, but not limited to, Dutch copyright law. You may not copy, use, or retransmit anything from or for our Website without our permission. The technology and the software underlying our Website and the Services is the property of the LOLA & FITZ Website. Except as explicitly stated in the Website, the entirety of the Website Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, recordings, drawings, sketches, artwork, images, text, forms, algorithms, and look and feel attributes), and any and all right, title, and interest therein, are exclusively the property of LOLA & FITZ (including, without limitation, all copyrights therein) or LOLA & FITZ’s affiliates, licensors or suppliers or other respective intellectual property owners. All rights reserved. LOLA & FITZ owns a copyright in this Website as a collective work and compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Website Materials. Removing or altering any copyright notice or any other proprietary notice on any Website Materials is strictly prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or any Website Materials or any other proprietary information of LOLA & FITZ without LOLA & FITZ’s advance written consent, is prohibited. You may use this Website and the Website Materials only for your personal, non-commercial purposes. Any commercial use of the Website and/or any or all Website Materials, in whole or in part, without the prior written consent of LOLA & FITZ is prohibited. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Website are proprietary to LOLA & FITZ, its affiliates, partners, licensors, or suppliers or other respective intellectual property owners. Any misuse or other unauthorized use of these trademarks is expressly prohibited and may violate trademark law.
Section IX – Third Party Materials, Products and Services and Links to Other Web Websites
This Website may, from time to time, contain links to third-party Internet Web sites for the convenience of users in locating, identifying, referencing, and/or purchasing information, products, or services. These links may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. These sites are maintained by organizations over which LOLA & FITZ exercises no control, and LOLA & FITZ expressly disclaims any and all responsibility for the content (including, without limitation, information, links, text, graphics, and other items), completeness, and accuracy of and errors and omissions related to such Web sites and the information, offers, products, and services provided or offered by or advertised on these third-party sites, including, without limitation, the availability and pricing of any products or services. LOLA & FITZ additionally disclaims any and all responsibility for the transactions that you conduct or enter into with the owners or operators of these Web sites. Further, neither LOLA & FITZ nor its affiliates endorses the individuals, companies, or other persons or entities, or any products or materials associated with such individuals, companies, or other persons or entities, that provide products, information, or services. You should carefully review their privacy statements and other conditions of use.
WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS AND CONDITIONS OR OTHERWISE, LOLA & FITZ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE PRODUCTS OR SERVICES AVAILABLE VIA OR ON THESE SITES OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER, LICENSOR, THIRD PARTY, OR AFFILIATE. WITHOUT LIMITING ANYTHING ELSE, LOLA & FITZ WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY OTHER THIRD PARTY OR OTHERWISE. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
Section X – Nature of the Internet
Given the nature of the Internet, the transmission of any communication or material to LOLA & FITZ via the Website or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as, and is not represented to be, secure. Alternative to communicating via the Internet or electronic mail, LOLA & FITZ can be contacted by regular mail at Bosboom Toussaintstraat 36-III, 1054AT Amsterdam.
Section XI – Privacy Statement
LOLA & FITZ has a Privacy Statement setting out LOLA & FITZ’s online information gathering and dissemination practices with respect to the Website. Click Here to view the Privacy Statement, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.
Section XII – Corrections and Changes to Website and Website Materials
LOLA & FITZ endeavors to keep the Website and Website Materials on, in, and through this Website up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, LOLA & FITZ is not responsible for any errors or omissions in the Website or Website Materials. LOLA & FITZ may make changes to the Website or Website Materials, or to the products, information, or services made available in connection with this Website, at any time with or without notice, and LOLA & FITZ makes no commitment to update the information contained on or in this Website. LOLA & FITZ reserves the right to terminate your access to this Website in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
Section XIII – Indemnification
You agree to defend LOLA & FITZ and its affiliates, directors, officers, employees, agents, representatives, members, proprietors, partners, shareholders, servants, principals, predecessors, successors, assigns, accountants, attorneys, and contractors (“LOLA & FITZ Indemnitees”) against all claims, actions, suits, and other proceedings of third parties arising out of or incurred in connection with: this Website, the Website Materials, or the User Materials; your use of this Website, the Website Materials, and the User Materials; your fraud, violation of law, or willful misconduct; the acts or omissions of any third party; or, any breach by you of these Terms and Conditions (collectively, “Claims”) and you agree to indemnify and hold all LOLA & FITZ Indemnitees harmless from and against all judgments, losses, obligations, risks, liabilities, damages, costs, settlements, and expenses (including, but not limited to, reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of LOLA & FITZ.
Section XIV – Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither LOLA & FITZ nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Section XV – Payment Card Industry Data Security Standard and Related Standards and Regulations
You acknowledge that LOLA & FITZ has no control over its partners, merchants, and any third party sites which appear or are linked to from the personal wish lists on the Website. LOLA & FITZ has no knowledge and makes no representation, warranty, or guarantee that such partners, merchants, or third parties are compliant with the Payment Card Industry Data Security Standard and related standards and regulations.
Section XVI – Identity
LOLA & FITZ
Bosboom Toussaintstraat 36 III, 1055 AT Amsterdam
+31 (0)6 83555152
Identification no.: 61512680
VAT no.: NL176981366B01