Terms of Use

Super Deluxe, superdeluxe.com, and its affiliated sites, extensions and services (collectively, the "Sites") are operated on behalf of Laugh Out Loud, Inc. by its employees and/or authorized agents (collectively "LOL" or "we"). By accessing and using the Sites, you signify your agreement with the following terms and conditions of use (the "Terms of Use"). These Terms of Use constitute a legally binding agreement between you and LOL. If you do not agree with all of the following Terms of Use, do not use the Sites.

LOL reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Changes and/or modifications shall become effective immediately upon the posting on the Sites. Please review these Terms of Use periodically. Your continued use of the Sites following the posting of changes and/or modifications will constitute your acceptance of these Terms of Use.

The Terms of Use will remain in full force and effect as long as you use, access, interact with, view, transmit, receive or communicate with the Sites or in any way utilize the services or features of the Sites, provided, however, that certain clauses in the Terms of Use which by their nature shall survive past the time when you stop using the Sites in the manner above, such as grants of rights in LOL's favor, and any representations, warrantees, and indemnifications you have made hereunder.

Eligibility
You must be eighteen (18) years of age or over to use the Sites. By using the Sites, you represent and warrant that you have the right, authority, and legal capacity to enter into this agreement and to abide by all of the terms and conditions of the Terms of Use.

Registration
To fully enjoy all the features on the Sites, we may require you to register and establish a membership profile for access to and use of certain features or functions of the Sites. You agree to provide true, accurate, current and complete information about yourself as requested in any registration process. Registered members are responsible for all uses of their account and for ensuring that all uses of their account comply fully with the provisions of the Terms of Use.

Proprietary Rights in the Sites
LOL owns and retains all proprietary rights in the Sites. The Sites contain material that is derived in whole or in part from material supplied by LOL, its licensors, and other sources, and is protected by U.S. and international copyright and trademark laws. No material, including but not limited to the characters, logos, graphics, illustrations, text, images, music audio and video, and no software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software, (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled unless authorized under these Terms of Use and specifically enabled by LOL's technology, or unless the Materials are in the public domain or you have otherwise obtained written permission from LOL and maintain all legal notices intact or as provided by LOL. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of LOL's and/or its licensor's copyright, trademark and other proprietary rights. Except for "Content" (as defined below) submitted, posted or uploaded (collectively "Uploaded") by you or specifically made available for dissemination via the Sites, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any other Materials appearing on or available via the Sites.

Content Posted on the Sites
Unless otherwise agreed, LOL does not claim ownership of the text, images, photos, video, performances, musical works, copyrightable expression, or any other information, (including without limitation the information you submitted to create your member profile) that you Upload via the Sites (collectively, "Content"). Once you have Uploaded Content via the Sites, you continue to retain your rights in such Content, including the right to use your Content. By Uploading your Content you hereby grant to LOL a royalty free, fully paid up, irrevocable, non-exclusive license to use, modify, publicly perform, publicly display, reproduce, sublicense, and distribute your Content, on and throughout the Sites, and any extensions thereof, and in all other media now known or hereafter devised in perpetuity throughout the universe, including, without limitation, for promotional and advertising purposes. You understand that LOL may from time to time feature or otherwise use Content in any and all media and may in its sole discretion provide monetary awards or other items of value ("Awards") to the creators of such Content. You understand and agree that (a) LOL is not required to provide any Award in order to feature Content, (b) you have no right to receive such an Award in the event your Content is featured, and (c) LOL's provision of Awards (if any) in no way limits or reduces the scope of rights you have granted LOL to your Content under these Terms of Use.

By Uploading your Content, you represent and warrant that (a) you own or have sufficiently licensed all necessary rights in the Content you Upload to the Sites; (b) the use of your Content on the sites does not violate the rights of any third party, including, without limitation the rights of privacy or publicity in any individuals appearing in your Content; (c) you have paid all necessary royalties, fees, guild payments, or any other sums of money that may be required for Uploading such Content, and to the extent any Content you have Uploaded includes third party licenses, you agree that any restrictive terms inconsistent with these Terms of Use contained in such licenses (if any) shall not apply to LOL; (d) you understand and acknowledge that your Content may be copied and viewed by anyone, and that such individuals may publicly or privately comment on the merit or quality of your Content, possibly in a derogatory manner.

Rules of Conduct on the Sites
LOL may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of LOL violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.

You may not Upload or otherwise transmit Content (even if made in a joking, sarcastic or unintended manner) that:

is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy, including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number or rights of publicity);
incorporates or uses an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password only access pages, or hidden pages or images;
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal weapons, drugs, or other contraband, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission, or in the case of a minor, the minor's legal guardian.
tries to gain unauthorized access to the Sites or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without LOL's prior written consent such as contest, sweepstakes, barter, betting, advertising and pyramid schemes;
solicits or promotes gambling or engages in any gambling activity;
contains viruses, time bombs, trojan horses, cancelbots, spiders, cookies, spyware, adware, worms or other harmful, distracting, or deleterious components or devices;
interferes with another user's use and enjoyment of the Sites or any other individual's user and enjoyment of similar services; or
refers to any website or URL that, in the sole discretion of LOL, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.

Any access to, or use of, the Sites that is not in accordance with the express provisions of these Terms of Use is expressly unauthorized and prohibited. In addition, you must use the Sites in a manner consistent with any and all applicable laws and regulations.

You may not engage in unauthorized advertising to, solicitation of, or other commercial communication directed at, other members through the Sites to buy or sell any products or services. Although LOL cannot monitor the conduct of visitors off the Sites, in order to protect our visitors from unwarranted advertising or solicitation, LOL reserves the right to restrict the number of messages which a member may send to other members in any 24-hour period to a number which LOL deems appropriate in its sole discretion.

You may not impersonate any LOL's employees or agents, customer service personnel, group leaders or administrators, any in-Site characters, or other members, and you may not intentionally hide any information when registering to become a member of the Sites.

You may not modify any part of the Sites. You may not attempt to interfere with, hack into, or decipher any transmissions to or from the clients and servers running the Sites, nor may you use any game hacking, altering, or cheating software tools. You may not use any automated scripting or "macroing" tools or software on the sites.

You must follow all instructions from authorized administrators of the Sites or monitors while on the Sites and while using official community features, forums and communication tools. In addition, you must abide by and conform to any technical requirements (and any amendments and revisions thereof) for use or operation of the Sites that LOL may require in its sole determination, after such requirements have been posted on the Sites.

Subject to LOL's privacy policy, you understand and agree that LOL has the right at all times to disclose the identity of the persons providing information or materials on the Sites. This may include, without limitation, disclosure of the information in connection with public or private investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that LOL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers in connection with the Sites.

You understand and accept that it is possible that other registered members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Sites and that you may be exposed to such offensive and obscene materials. It may also be possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. LOL does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that LOL is not responsible for the use of any personal information that you disclose on the Sites. Please carefully select the type of information that you post or display on the Site, including in the profile you create (if any).

Your display name and any associated profile pages used in connection with the Sites must not include the following items: telephone numbers, street addresses, last names, social security numbers and any photographs containing nudity or any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable material. LOL reserves the right to deny or revoke any display name you may have used or chosen, and any associated URL's. In addition, you agree to comply with any additional naming requirements or policies that LOL may, in its sole discretion, post on the Sites.

Your Creative Submissions/Communications
LOL does not consider creative ideas, suggestions or pitch materials other than those LOL has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by LOL or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. By Uploading or otherwise transmitting to LOL any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information for the purposes of pitching LOL (collectively, the "Information"), you hereby grant LOL a perpetual, irrevocable non-exclusive license to use such Information in all media now known or hereafter devised throughout the universe, and agree that LOL shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you. None of the Information shall be subject to any obligation of confidence on the part of LOL and LOL shall not be liable for any use or disclosure of any Information.

Copyrights and Copyright Agent
LOL respects the rights of all copyright holders and in this regard, LOL has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LOL's Copyright Agent (listed below) the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

Laugh Out Loud, Inc.
Attn: K. Hassell
1050 Techwood Drive NW
Atlanta, GA 30318
Phone: (404) 885-0596
Fax: (404) 885-0600
Email: copyrightagent@superdeluxe.com

Violations of the Terms of Use. LOL reserves the right, but has no obligation, to monitor communications and any disputes between you and other visitors or members, to remove or edit any material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of the Terms of Use, and/or to cancel community privileges (in whole or in part) without providing advance notice or explanation. Notwithstanding this right of LOL, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS AND INFORMATION YOU TRANSMIT IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE MESSAGES TO OTHER INDIVIDUALS ON THE SITES. If you would like to report conduct you believe is in violation of the Terms of Use, email support@superdeluxe.com. Keep in mind that reporting conduct as a violation does not mean such conduct constitutes a violation, or that LOL must or will take any action against such conduct or the user engaging in such conduct. In the event LOL does take action against any reported conduct, it has no obligation to inform the person or persons reporting such conduct. Finally, it is a violation of the Terms of Use to knowingly make a false report against another user, or to use the reporting process to harass or intimidate a user, or to encourage others to do so.

Privacy
Use of the Sites is governed by our Privacy Policy which can be located at the bottom of the home page, www.superdeluxe.com.

Contests and Sweepstakes, and Other Activities
LOL may provide rules for certain promotional activities on the Sites including, without limitation, contests, award or loyalty programs, and sweepstakes by LOL and in conjunction with third parties. These Terms of Use are incorporated by reference to the specific promotion rules or terms and conditions, which may appear in connection with information on the Sites about a particular activity. To the extent that any conflict exists between these Terms of Use and specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify the Terms of Use.

Hyperlinks
The appearance of websites or external hyperlinks on the Sites does not constitute endorsement by LOL, its subsidiaries and/or affiliates of the opinions or views expressed by these linked sites and LOL does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the Content contained in the Sites. Furthermore, LOL is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither LOL nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall LOL assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, LOL will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.

LOL welcomes links to the Sites. You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your site by LOL, its affiliates, or any group or individual affiliated with LOL. You may not use on your site any logos, trademarks, service marks, characters, or other copyrighted materials appearing on the Sites without LOL's express written consent. You may not incorporate into another website any of the Content or other materials on the Sites unless specifically enabled by LOL's technology.

Limitation on Liability
Your use and viewing of the Sites is at your risk. If you are dissatisfied with any of the Materials or Content contained in the Sites, or with and of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Sites. LOL is not responsible for any incorrect or inaccurate Materials or Content posted on the Sites, whether caused by users of the Sites or by any of the equipment or programming associated with or utilized in the Sites. LOL is not responsible for the conduct, whether online or offline, of any users of the Sites. LOL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. LOL is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Sites. Under no circumstances will LOL be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Sites, any Materials or Content posted on the Sites or transmitted to members, or any interactions between users of the Sites, whether online or offline. LOL cannot guarantee and does not promise any specific results from use of the Sites.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER LOL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES EVEN IF LOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Indemnification
You agree to indemnify, defend and hold harmless, LOL, it affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you, including, without limitation, any and all representations, warranties, or other promises made or otherwise attributed to you in these Terms of Use. LOL reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with LOL in asserting any available defenses.

U.S. Export Controls
Software from the Sites (the "Software") is further subject to United States export controls. No Software may be downloaded from the Sites or otherwise exported or re-exported (i) into or to a national or resident of and Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Applicable Law; Disputes
Unless otherwise specified, the materials in the Sites are presented solely for the purpose of entertainment and promoting programs, events, products, and services available in the United States. The Sites are controlled and operated by LOL from its offices within the State of Georgia. The Sites are intended exclusively for residents of the United States. Residents outside of the United States understand and consent that the data submitted on the Sites will be transmitted to and processed within the United States. LOL makes no representation that Materials and Content on the Sites are appropriate or available for use in any particular location. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms of Use, and any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Sites, Materials or Content, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Georgia, without giving effect to its choice of law or conflict of law provisions. You agree that the state and federal courts sitting in Atlanta, Georgia shall be the exclusive forum and situs for the resolution of any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Sites, Materials or Content, and that any such disputes, issues, controversies or matters shall be resolved individually, without resort to any form of class action. You hereby consent to personal jurisdiction and venue in Atlanta, Georgia and service of process by certified mail.

Other
This agreement, accepted upon use of the Sites and further affirmed by becoming a registered member or submitting Content to the Sites, contains the entire agreement between you and LOL regarding the use of the Sites and supersedes all prior understandings related to the Sites, cannot be changed orally, and if any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect.