Effective Date: April 15, 2018
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
ARBITRATION NOTICE: BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER DESCRIBED IN SECTION 18 AND AGREE TO ABIDE BY THEM, AS THEY MAY BE AMENDED BY US FROM TIME TO TIME IN OUR SOLE DISCRETION.
We may, in our sole discretion and without prior notice, revise these Terms at any time. We will notify you any revision to these Terms by posting a notice on our homepage at lilyful.com or by other means, and the revision shall be effective immediately on such posting on the Site unless stated otherwise. It is your responsibility to review these Terms periodically to be aware of any revisions. If you do not accept these Terms in their entirety, you must immediately leave the Site and cease all use of the Site. Your continued access or use of our Site will constitute your acceptance of the Terms as changed.
YOU AGREE THAT BY ACCESSING OR USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD OR THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
- User Account. In order to make online purchases on our Site, you must register an account by providing the complete and accurate information requested on the registration form. You will also be asked to provide your email address, which will be used as your username, and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately on any unauthorized use of your account, username, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Lilyful, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
- Limited License. Subject to your agreement and compliance with these Terms, we grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable license to access and use the Site for your personal and noncommercial use only.
We reserve the right to revoke the limited license granted to you herein in our sole and absolute discretion. In addition, we reserve the right to change all or part of our Site without any liability to you, at any time without any prior notice to you.
- Ownership. We do not transfer or grant to you any rights, title, or interests in or related to the Site and associated intellectual property rights except for the limited license granted above. We retain full and complete title to the Site, as well as all intellectual property rights therein. All trademarks, service marks, logos, and trade names are owned by Lilyful or its licensors, and you may not copy or use them in any manner. Any rights not expressly granted herein are reserved by Lilyful.
- Product Images. The actual colors of our products that you see on our Site will depend on your monitor and device settings. As such, we do not guarantee that the colors of products as displayed on your monitor will be accurate.
- User Provided Content. We may, in our sole discretion, permit you to submit, post, upload, publish, send or transmit content through our Site.
The term “Content” means any information, data, text, files, images, graphics, photos, audio, video, works of authorship and other content and materials made available or transmitted through the Site. The term “User Content” means any Content that you submit, post, upload, publish, transmit or otherwise make available in connection with your use of the Site or other websites such as Facebook that may interact with this Site, including but not limited to, messages, comments, support requests, and any feedback, idea, or observation on our products and Site.
As between you and us, you own the User Content that you submit or post to the Site. However, by providing User Content to us through or as a result of use of the Site, you are granting us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license, with the right to sublicense, to use, make, copy, distribute, transmit, publicly display, publicly perform, modify, create derivative works of, translate, reformat, or otherwise exploit User Content for any purpose in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You agree that we may also publish or otherwise disclose your name in connection with your User Content. However, we shall have no obligation to credit or acknowledge you for your User Content or keep any User Content in confidence.
You represent and warrant that you are the sole and exclusive owner of the User Content or otherwise have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above. Furthermore, you represent and warrant that the User Content or our use of the User Content will not infringe or violate a third party’s intellectual property rights, a third party’s rights of publicity or privacy, these Terms or any applicable law or regulation.
- Submissions. We do not solicit but welcome your comments regarding our products and services that you may decide to share with us or our user community voluntarily. But do not send us information or share it through the Site unless you are willing to let us and everyone in the world know about it. Any comment or feedback you provide shall be deemed non-confidential.
In addition, we shall have no obligation whatsoever with respect to such unsolicited information, including your ideas or observations on our products and services. On the other hand, we shall be free to use such information without any limitation or compensation to you for any purpose whatsoever. Such information you provide shall be deemed as User Content (described in Section 7), for which you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license (also described in Section 7)
- Compliance with Laws. When accessing or using our Site, you agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content in violation of any third party’s intellectual property or proprietary rights, rights of publicity or privacy, or any applicable law. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your user account. The burden of proving that any User Content does not violate any laws or third party rights rests solely with you.
- Inappropriate Content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, indecent, pornographic, abusive, threatening, fraudulent, unlawful or otherwise objectionable; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.
We may, in our sole discretion, remove, edit or disable User Content for any reason, including if we reasonably believe that User Content violates these Terms. However, we do not assume any obligation or liability for screening, removing or not removing such User Content. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
- Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site. In addition, you agree not to:
- access content or data not intended for you, or log onto a server or account that you are not authorized to access;
- attempt to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
- interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
- use the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
- forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site;
- attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the software that we use in providing the Site;
- make any copy of or otherwise reproduce the contents from the Site except as otherwise permitted by these Terms;
- rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the contents to any third party;
- use data mining, robots, or similar data gathering and extraction tools with respect to any portion of the Site; and
- use the Site for any unlawful, unauthorized, fraudulent or malicious purpose. Any violation of system or network security may subject you to civil and/or criminal liability.
- Indemnity. You agree to indemnify, defend, and hold harmless Lilyful, its affiliates, licensor, vendor and business partners, and their respective officers, directors, employees, consultants, agents, and representatives, from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising out of in connection with (i) your access or use of the Site, (ii) your violation of these Terms, (iii) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Termination. We may terminate your access and use of our Site (including your access to your account) and revoke your limited license granted herein, with or without prior notice to you, at any time for any reason or for no reason, and without liability to you. Without limiting the generality of the foregoing, if we determine in our sole discretion that you have violated these Terms or that there has been otherwise unlawful, improper or fraudulent use of our Site, we may terminate your use of our Site and delete your account without warning. We may also pursue other recourses against you to the full extent of the law.
Notwithstanding such termination or revocation of any license granted hereunder, all other provisions of these Terms (except the grant of license to you under Section 4) shall survive and continue to apply.
- No Warranties. The Site and all contents thereof, whether provided by us, our licensor, vendors or users, and other information on or accessible from the Site are provided “as is” without warranty of any kind, either expressed or implied. To the maximum extent permitted by law, we hereby disclaim all representations and warranties, express, implied or statutory, regarding our Site, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, as well as any warranties alleged to have arisen from custom, usage, or the course of dealing between the parties. In addition, we do not warrant or make any representations regarding the correctness, accuracy, reliability, suitability, quality, timeliness, or availability of the Site, or that the Site or the server that makes the Site available will be uninterrupted or free from errors, bugs, corruption, loss, interference, hacking, virus, or other harmful components. You assume the risk of any and all damage or loss arising from your use of, or inability to use, the Site. Applicable law may not allow the exclusion of implied warranties so some of or the entire exclusion may not apply to you.
- Limited Liability. To the maximum extent permitted by law, Lilyful and its employees, directors, officers, affiliates, agents, licensors and business partners, shall not be liable for indirect, consequential, special, incidental, or punitive damages, including without limitation, lost profits, lost data, cost of replacement goods or services, business interruption, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Site, regardless of the foreseeability of those damages, and even if Lilyful has been advised of the possibility of such damages. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, statute, strict liability, or any other legal theory or form of action. You may recover only direct damages in any amount no greater than what you actually paid for while using the Site. As some states do not allow the limitation or exclusion of liability, some or all of the above limitations and exclusions may not apply to you.
- Trademarks and Attributions. The following is a listing of certain trademarks owned by Lilyful: Lilyful.
- Links. We have no control over, and assume no liability for any third party websites or materials that may be linked to or from the Site. Such links are provided for your convenience only, and the inclusion of such links should not be interpreted as an endorsement of those sites or contents thereof. We make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we are not responsible for the content of those sites.
- Arbitration. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION.
All disputes, claims or controversies arising out of or relating to these Terms, our Site or the relationship between you and us (“Disputes”) shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The Disputes do not include any claim regarding the infringement, protection or validity of intellectual property rights or a claim brought in small claims court.
Either party may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) then in effect. The AAA Rules are available at www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. Arbitration of any claim not exceeding $10,000 will be conducted solely on the basis of documents you and Lilyful submit to the arbitrator. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. Either party may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
YOU AND LILYFUL AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Unless you and we otherwise agree, arbitration will take place in the Los Angeles County, State of California, United States of America.
- Limitation on Claims. You agree that any claim that you may have arising out of related to the use of the Site or your relationship with Lilyful must be filed within one (1) year after such claim arose; otherwise your claim is permanently barred.
- Governing Law. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, USA in all disputes, except claims and dispute subject to the arbitration agreement above, arising out of or related to the use of the Site.
- Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- Local Laws. The Site are controlled and operated by Lilyful from its offices in the State of California. Those who access the Site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
- No Assignment. You may not assign these Terms or any of the rights granted by Lilyful hereunder, in whole or in part, without the prior written consent of Lilyful, and any attempt to do so shall be void. We may assign these Terms without your consent to our affiliate or subsidiary company, any person or entity acquiring our business or assets, or successor of Lilyful. These Terms are binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.
- Contact Us. If you have any questions about these Terms, please contact us by sending a letter to:
211 Los Cerritos Center
Cerritos, CA 90703
You may also contact us by e-mail at firstname.lastname@example.org.