Terms of Service
This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding use of the Website and it cannot be modified, except as specifically described herein.
This Website is offered and made available only to users 18 years of age or older. If you are not yet 18 years old, please discontinue using this Website immediately or if, for any reason, you do not agree with all of the terms and conditions contained herein, please discontinue using the Website immediately.
The Website and the information contained in reference herein are for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the Website, you should confirm any facts that are important to your decision. This Website and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Website. Lillypad is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose websites we link.
2. Ownership of Intellectual Property
All Website software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information, and all copyrightable or otherwise legally protectible elements of the Website including, without limitation, the selection, sequence, “look and feel,” and arrangement of items, (individually and/or collectively “Material”), are the property of Lillypad, its subsidiaries, affiliates, licensors, or suppliers and are legally protected, without limitation, under the U.S. federal and state, as well as applicable foreign, laws, regulations and treaties. Lillypad may add, change, discontinue, remove, or suspend any of the Material at any time, without notice and without liability. Any reproduction, copying, or redistribution for commercial purposes of the Materials or design elements of the Website is strictly prohibited without the express prior written consent of Lillypad or its owner if Lillypad is not the owner. All rights in the product names, company names, trade names, logos, product packaging and designs of Lillypad or third-party products or services whether or not appearing in large print or with the trademark symbol, belong exclusively to Lillypad, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Website confers on you any license or right under any patent, copyright, or trademark of Lillypad or any third party.
3. Copyright Agent
Pursuant to the terms of the Digital Millennium Copyright Act, Lillypad has designated a Copyright Agent to receive notice of claims of copyright infringement on the Website. Lillypad’s Copyright Agent may be reached by e-mail at firstname.lastname@example.org.
If you believe that your work has been copied in a way that constitutes copyright infringement please promptly provide the Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and e-mail address;
- 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; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
This Website may contain links to other website (“Linked Sites”). The Linked Sites are not under the control of Lillypad and Lillypad is not responsible for the contents of the Linked Sites. Lillypad provides any Linked Sites to you only as a convenience, and the inclusion of any such Linked Sites is not an endorsement by Lillypad in favor of any company offering Internet services, products, or services on the Linked Sites.
Other sites may link without prior permission to the Website’s home page only through a plain-text link. Permission must otherwise be granted by Lillypad for any other type of link to the Website. To seek our permission, you may write to The Lillypad Network, Inc., 11240 Magnolia Boulevard, Suite 203, North Hollywood, CA 91601-3704; ATTN: Web Master. Any third party website that links to the Website (a) shall not create a frame, browse or border environment around any of the content of the Website.; (b) may link to, but not replicate, Website content; (c) shall not imply that Lillypad is endorsing or sponsoring it or its products or services; (d) shall not present false information about Lillypad or its products or services; (e) shall not use Lillypad trademarks without the prior written consent of Lillypad; and (f) shall not contain content that could be construed as distasteful, offensive, obscene or controversial.
5. No Solicitation
You agree not to use the Website to advertise or to solicit anyone to buy or sell products or services or to make donations of any kind without the express written consent of Lillypad.
6. No Spamming
From time to time, users of this Website post their e-mail addresses in Lillypad chat rooms, forums, and other public-posting areas. You agree not to utilize these e-mail addresses for purposes of spamming (i.e., unsolicited e-mail).
Chat Rooms, Bulletin Boards, Other Forums
Lillypad cannot and does not review every posting made in Website chat rooms, forums, and bulletin boards. Lillypad does not endorse or guarantee the accuracy of any posting regardless of whether the posting comes from a user, from a celebrity or “expert” guest or from a member of Lillypad’s staff. Lillypad is not responsible for any material posted in any chat room or on any bulletin board or forum and is not responsible or liable to any person or entity for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of any kind or character based upon or resulting from any material provided through this Website.
Lillypad shall have the right but not the obligation to monitor, from time to time, the content of the Website including, without limitation, the chat room, bulletin boards, and forums to determine compliance with this Agreement and any operating rules established by Lillypad and to satisfy any law, regulation or authorized government request. Lillypad shall have the right in its sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Website.
By using the Website, you agree not to post any content which libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, threatening, illegal, solicits gambling or engages in any gambling activity, contains a virus or other harmful component, infringes on the ability of others to enjoy the Website, or that infringes on the rights of others including, without limitation, any intellectual property rights of any entity or person. Lillypad reserves the right to refuse access to anyone who Lillypad believes in its sole and absolute discretion has violated these terms or any other term of this Agreement. Lillypad additionally reserves the right to terminate this Agreement against any further use of any person or entity who violates any term of this Agreement.
By submitting material to the Website, you are representing that you are the owner of the material or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this Agreement but may also subject you to legal liability for copyright, trademark or other intellectual property infringement.
All material you submit to the Website becomes the sole and exclusive property of Lillypad. Lillypad may reproduce, distribute, display, exhibit and otherwise exploit that material in all markets and media now known or hereafter devised throughout the Universe in perpetuity without payment of any compensation or other consideration to you. You hereby waive all moral rights you may have in and to that material. Lillypad does not consider any material you submit to the Website to be confidential or proprietary.
8. Promotions and contests
The Website may contain sweepstakes and other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests, or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration, and/or entry is valid. You agree to read and comply with such rules before entering any sweepstakes, contest, or promotion on this Website.
9. Membership and registration
Certain areas of this Website may require you to register or ask you to provide information to participate in certain features or access certain content. Your decision to provide that information is purely optional. If you elect not to provide that information, however, you may not be able to access that area, feature or content. If you elect to provide that information, you agree to provide information that is true and accurate. You may also be required to choose a user name and password. It is your responsibility alone to ensure the confidentiality of that name and password. You agree not to register under the name of any other person. Lillypad reserves the right to reject any user name that is, in Lillypad’s sole and absolute judgment, offensive. You agree to notify Lillypad of any unauthorized use of your user name and/or password. You must be at least 18 years old to register on the Website.
10. Purchase of merchandise
In the event any merchandise or services are offered for sale via this Website which are listed at an incorrect price or contain other incorrect information, Lillypad shall have the absolute right to refuse or cancel any order placed for such merchandise or services and Lillypad is released from liability for same. Your only remedy is to return to Lillypad or a third party offering that merchandise for a refund, at Lillypad’s or the third party’s sole discretion.
Lillypad welcomes your comments but does not accept unsolicited submissions for programming, websites, content, and other products and we cannot review your submissions. Lillypad has adopted this policy to avoid misunderstandings about projects Lillypad develops which may appear to be similar to someone else’s idea, suggestion, or material. If you choose to submit material to Lillypad despite this request not to submit ideas for programming, websites, and other products, Lillypad will not treat any submission as confidential. Lillypad will not be liable for any use or disclosure of that submission to any third party and/or for loss of any material submitted and may use it for any purpose. By submitting material to this Website you acknowledge that the material may be identical with or similar to themes, plots, ideas, formats, or other elements that Lillypad has independently developed or that has or may come to Lillypad from other sources. You represent and warrant that the submission is wholly original to you and its use will not violate the rights, common law or otherwise, of any kind or nature whatsoever of any third party or entity. Any submission will become the sole property of Lillypad and will not be returned to you and Lillypad shall not be required to respond to any submission received. You agree that you are not entitled to any compensation by reason of Lillypad’s use of similar or identical material.
12. Disclaimer and release of liability
YOU AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. NEITHER LILLYPAD OR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SHAREHOLDERS, INVESTORS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. LILLYPAD DOES NOT REPRESENT AND WARRANT THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE.
LILLYPAD DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTAIBLITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ANY INFORMATION, PRODUCT, OR SERVICE OFFERED ON THIS WEBSITE.
LILLYPAD IS NOT LIABLE FOR ANY INJURY ARISING OUT OF THE USE OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. LILLYPAD 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. YOU AGREE THAT LILLYPAD’S LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEB SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO LILLYPAD FOR THE USE OF THE WEB SITE.
You agree, at all times, to defend, indemnify and hold harmless Lillypad, its respective affiliates and parent companies and each of their respective directors, officers, employees, shareholders, and agents from and against any and all claims, actions, liabilities, damages, injuries, costs, and expenses including, without limitation, attorneys’ fees and court costs, arising out of any use you make of the Website.
14. Governing Law
This Website originates from and is maintained in the United States of America. This Agreement has been made in and shall be construed in accordance with the laws of the State of California. You consent to the exclusive jurisdiction of the state and federal courts located in California in all disputes arising out of or relating to this Agreement or use of this Website. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises and you hereby expressly waive any right you may have under applicable federal, state, or local statutes of limitations. Lillypad makes no representations regarding the legality of access to or use of the Website or the materials contained herein from other countries. Access in countries where the materials contained herein are illegal is prohibited. Users who access the Website from outside the United States do so at their own risk.
If any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of this Agreement which shall remain in full force and affect.
16. Entire Agreement
This Agreement and any rules for the Website established by Lillypad constitute the entire agreement between the parties concerning the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to that subject matter.
The paragraph headings used herein are for convenience only and shall not be used to limit any portion of this Agreement.