PLEASE READ THIS CAREFULLY
lillennox.com (the Site) provides a photo and video hosting/blogging service to you (the “Service(s)”), subject to the following Privacy Policy, which may be updated from time to time without notice to you. Your use of the Service constitutes acceptance of this Privacy Policy and creates a binding legal agreement, so read them carefully. This Privacy Policy applies only to information that you provide to us through the Site, and when you access, download, purchase or use any information, services, products or content appearing on the Site. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You should consult this Privacy Policy regularly for any changes. Any reference to us, our, we or similar words shall refer to this Site and its affiliates thereto.
THE PERSONAL INFORMATION WE COLLECT
It is our policy to respect the privacy of the people who use the Services (each a “User,” collectively the “Users”). Therefore, we will not disclose to any unauthorized third party a User’s name or contact information. We will also not monitor, edit or disclose the contents of a User’s information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on us; (2) protect and defend our rights or property; (3) act under exigent circumstances to protect the personal safety of Users or the public; (4) to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable; or (5) fix or debug problems with our servers/software/service.
When you register to become a member of the Site and in the course of using the Site, you may voluntarily submit personally identifiable information that can be used to contact or identify you and administer your account (”Personal Information”). Personal information may include, but is not limited to, your name, phone number and e-mail address. The Site may also collect Personal Information from you if you choose to opt-in to participate in sweepstakes, surveys, contests or competitions. When you register with the Site, you create your own profile and privacy settings. Your profile information, as well as your name, e-mail and photo, are displayed to people you have specified in your privacy settings. Profile information you submit to the Site, and make public via your privacy settings, will also be available to other users via searching our Site, and may be available to third party search engines. This is primarily so your friends can find you and the content you create and store on the Site. We recommend that you guard your anonymity and sensitive information and that you not use your real name as your screen or user name to the extent that allows others to identify you.
As you use the Site, our servers automatically record information that the browser sends whenever it points to a Site or online service (”Log Data”). Log Data may include, but is not limited to, your computer’s Internet Protocol address, browser type, the web page you were visiting before you came to one of the Site and information you search for on a Site.
HOW WE USE PERSONAL INFORMATION
Personal Information is used for the following purposes: (i) to provide and improve our services, features and content; (ii) to administer your use of our services and your account; (iii) to enable users to enjoy and easily navigate the Site; (iv) to better understand your needs and interests; (v) to fulfill requests you may make; (vi) to personalize your experience; (vii) to provide service announcements; and (viii) to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on related services. If you decide at any time that you no longer wish to receive such communications, please follow the unsubscribe instructions provided in any of the communications. Further, you may easily adjust your privacy and e-mail settings via your account settings at any time.
PRIVACY POLICY AND CONSUMER EDUCATION
Children’s Privacy
We do not direct the Site to persons under 13 years of age, and requires Users
to be 13 years or older. Accordingly, we do not knowingly collect or maintain
on the Site personally identifying or other information from persons under 13
years of age. If a parent or guardian becomes aware that his or her child has
provided us with Personal Information without their consent, he or she should
contact info@lillennox.com. If we become aware
that a child under 13 has provided us with Personal Information, we will delete
such information from our files.
We recommend that minors over the age of 13 ask a parent or guardian for
permission before sending any information about themselves to anyone over the
Internet.
Consumer Education Related to Social Networking
Creating a safe social networking environment is important to us. While we do
not target or knowingly allow users under 18 to use the Service, interested
persons may visit the following links created by the Federal Trade Commission
to learn more about social networking safety tips:
OTHER INFORMATION/LOGGING AND COOKIES
Like many websites, we use “cookies” to collect information. A cookie is a
small data file that we transfer to your computer’s hard disk for
record-keeping purposes. We use “persistent cookies” to save your username and
login password for future logins to the Site. We use “session ID cookies” to
enable certain features of our service, to better understand how you interact
with the Site and to monitor web traffic routing on the Site and aggregate
usage of the Site. You can instruct your browser, by changing its options, to
stop accepting cookies or to prompt you before accepting a cookie from the
websites you visit. If you do not accept cookies, however, you may not be able
to use all portions of the Site or all functionality of the services.
We also use the services of a third-party advertising companies and advertising networks to serve ads to you on our behalf when you visit the Site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this Site and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit www.lillennox.com .
INFORMATION SHARING AND DISCLOSURE
Members. In addition to your username, any comments or submissions that you
post to the Site will be publicly available. You post and share your Personal
Information and content on the Site at your own risk. While we go to great
lengths to create a safe and enjoyable experience on the Site, we cannot
control the actions of other users with whom you may choose to share your
content and/or profile information. In addition, we cannot anticipate other
users’ ability to circumvent privacy settings. You understand that, even after
removal of your Personal Information and content from the Site, copies of your
information may remain viewable in cached or archived Web pages or on the local
computers of users who may have downloaded or stored your information.
Even with all the appropriate precautions we take to protect your information,
we recommend you refrain from sending private information or Personal
Information by e-mail, chat, or other messaging services.
Aggregate Information and Non-Identifying Information. We may share aggregated
information that includes non-identifying information and Log Data with third
parties for industry analysis, demographic profiling, and to deliver targeted
advertising about other products and services.
Service Providers. We may employ third party companies and individuals to
facilitate the our services, to provide the services on our behalf, to perform
services related to administration of the Site (including, without limitation,
maintenance, hosting and database management services, web analytics and
administration). These third parties have access to your Personal Information only
to perform these tasks on our behalf and are obligated not to disclose or use
it for any other purpose.
Business Transfers. We may sell, transfer or otherwise share some or all of its
assets, including your Personal Information, in connection with a merger,
acquisition, reorganization or sale of assets or in the event of bankruptcy.
INVITE-A-FRIEND
If you choose to invite your friends to use the Site, using our invitation
options, we will ask for information such as an e-mail address. We will
automatically send your friend(s) a one-time e-mail invitation to visit the
Site. We store this information to send this one-time invitation, and to track
the success of this referral feature.
CHANGING OR DELETING YOUR INFORMATION
All members may review, update, correct or delete the Personal Information in
their registration profile by logging into their account and changing the “user
preferences” associated with their account. If you completely delete all such
information, your account may be deactivated. We may retain an archived copy of
your records as required by law or for legitimate business purposes.
SECURITY
We are concerned with safeguarding your information. We employ a variety of
industry-standard measures designed to protect your information from unauthorized
access.
INTERNATIONAL TRANSFER
Your information may be transferred to – and maintained on – computers located
outside of your state, province, country or other governmental jurisdiction
where the privacy laws may not be as protective as those in your jurisdiction.
If you are located outside the United States and choose to provide information
to us, please be advised that we transfer Personal Information to the United
States and process it there. Your consent to this Privacy Policy followed by your
submission of such information represents your agreement to that transfer.
LINKS TO OTHER SITES
The Site contains links to other websites. If you choose to visit an advertiser
by “clicking on” a banner ad or other type of advertisement, or click on another
third party link, you will be directed to that third party’s website. The fact
that we link to a website or present a banner ad or other type of advertisement
is not an endorsement, authorization or representation that we are affiliated
with that third party, nor is it an endorsement of their privacy or information
security policies or practices. We do not exercise control over third party
websites. These other websites may place their own cookies or other files on
your computer, collect data or solicit personal information from you. Other
websites and services follow different rules regarding the use or disclosure of
the personal information you submit to them. We encourage you to read the
privacy policies or statements of the other websites you visit.
VIOLATIONS AND COMMENTS
Please report any violations of this Privacy Policy or make any comments to info@lillennox.com.
TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
lillennox.com (the “Site”) provides a photo and video hosting/blogging service
to you (the “Service(s)”), subject to the following Terms of Service (“TOS”),
which may be updated from time to time without notice to you. Your use of the
Service constitutes acceptance of these TOS and creates a binding legal
agreement, so read them carefully. Please note, you must be 13 years or older
to use this Service. Any reference to us, our, we or similar words shall refer
to this Site and its affiliates thereto.
REGISTRATION
You agree that all information provided to us upon registration and at all
other times will be true, accurate, current and complete. You also agree that
you ensure this information will be kept up to date at all times. This
especially applies to your email address since we will direct all communication
to you about your account to your email address. We will use the information
you provide to us in accordance with our Privacy Policy (as determined below).
PRIVACY POLICY AND CONSUMER EDUCATION
In order to use the Services, you agree to be bound by the Privacy Policy of
the Site. Please review the Privacy Policy (which may be accessed at the Site)
on a regular basis as it may be updated from time to time.
COPYRIGHTS
Unless otherwise indicated, all Site materials, including, without limitation,
the Site logo, and all designs, text, graphics, other files, and the selection
and arrangement thereof are the proprietary and copyrighted property of the
Site. You may electronically copy and print to hard copy portions of this Site
for the sole purpose of using materials it contains for informational and
non-commercial, personal use only. Any other use of the materials in this Site
that originated from us including any commercial use, reproduction for purposes
other than described above, modification, distribution, republication, display
or performance without the prior written permission of us is strictly
prohibited.
TRADEMARKS
The Site name and logo are our trademarks, and may not be copied, imitated or
used, in whole or in part, without our prior written permission. In addition,
all page headers, custom graphics, button icons and scripts are service marks,
trademarks and/or trade dress of the Site, and may not be copied, imitated or
used, in whole or in part, without our prior written permission.
USE OF CONTENT SUBMITTED BY YOU
BY UPLOADING, POSTING, SENDING OR SUBMITTING PHOTOGRAPHS, PICTURES, IMAGES OR
ANY OTHER CONTENT INCLUDING, WITHOUT LIMITATION, GRAPHICS, VIDEO, DATA, TEXT,
FILES, LINKS, SOFTWARE, MUSIC, SOUND (“CONTENT”), YOU ARE CONSENTING TO BE
BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT UPLOAD, POST, SEND OR
SUBMIT ANY CONTENT TO THIS SITE.
You agree that any Content you upload, post, email, transmit or otherwise make
available via the Service is non-confidential and that we shall have a perpetual,
worldwide, non-exclusive license to use any such Content in connection with the
Service and our business (and any successor), including without limitation for
promoting and redistributing part or all of the Service (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each User a non-exclusive license to access your Content through the
Site, and to use, reproduce, distribute, prepare derivative works of, display
and perform such Content as permitted through the functionality of the Site and
under these Terms of Service. The submission of any materials to us irrevocably
waives any and all “moral rights” in such materials, including the rights of
paternity and integrity. The foregoing license granted by you terminates once
you remove or delete Content from the Site.
USER CONDUCT
You understand that all Content posted by Users, whether publicly posted or
privately transmitted, are the sole responsibility of the User from which such
Content originated. This means that you, and not us, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise make
available via the Service. We do not control the Content posted via the Service
and, as such, do not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances
will we be liable in any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Site
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party, or which would violate any right of publicity, right of
privacy or other right of any party without first obtaining permission of the
owner of such right. This includes group or individual portraits of people
taken by professional photographers. Photos of people may only be used with the
permission of the individual whose image is portrayed (or for minors, the
permission of their parent or guardian). This includes celebrities and
professional athletes, as well as ordinary citizens;
g. upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or any other form of solicitation;
h. upload, post, email, link, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
k. “stalk” or otherwise harass another;
l. collect or store personal data about other Users;
m. link to or refer to Content not allowed under these TOS;
n. otherwise use the service in a manner deemed inappropriate by us.
POSSIBLE CONTENT REMOVAL
We retain the right, but not the obligation, to monitor and edit or remove any
activity or Content that it deems in its sole discretion to be harmful to
Users, us or the rights of any third party, or to violate any applicable law.
This includes the right, but not the obligation, to remove any text or images
uploaded by you that we deem in our sole judgment to be inappropriate or that
we believe may subject us to any liability, including without limitation the
following:
- photographs, pictures, images, text or other materials submitted by Users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;
- partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;
- profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous or offensive;
- any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.
LINKING TO OUR SITE
You are granted a limited, non-exclusive right to create a hyperlink to this
Site provided such link does not portray us or any of its services in a false,
misleading, derogatory or otherwise defamatory manner. This limited right may
be revoked at any time. You may not use, frame or utilize framing techniques to
enclose any of our trademarks, logos or other proprietary information,
including the images found at the Site, the content of any text or the
layout/design of any page or form contained on a page without our express
written consent. Further, you may not use any meta tags or any other “hidden
text” utilizing our name, trademark or product name without our express written
consent. Except as noted above, you are not conveyed any right or license by
implication, estoppel or otherwise in or under any of our patent, trademark,
copyright or proprietary rights or any third party. We make no claim or
representation regarding, and accepts no responsibility for the quality,
content, nature or reliability of web sites linking to this Site.
THIRD PARTY LINKS
We may provide links to web pages and content of third parties (“Third Party
Content”) as a service to those interested in this information. We do not
monitor, nor does it have any control over, any Third Party Content. We do not
endorse or adopt any Third Party Content and can make no guarantee as to its
accuracy or completeness. We make no representations or warranties of any kind
regarding such Third Party Content, or any information contained therein, and
undertakes no responsibility to update or review any Third Party Content. When
leaving the Site, you should be aware that the TOS no longer govern, and,
therefore, you should review the applicable terms and policies, including
privacy and data gathering practices, of that particular site. Users use these
links and Third Party Content contained therein at their own risk.
CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If you believe that any material on the Site infringes upon any copyright that
you own or control, or that any link on the Site directs users to another web
site that contains material that infringes upon any copyright that you own or
control, you may file a notification of such infringement with our Designated
Agent. Please see NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS
OF COPYRIGHT INFRINGEMENT.
NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT
INFRINGEMENT.
Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C.
512(c)(3), the following information must be provided to our Designated Agent
for notifications, info@lillennox.com:
- 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 copyrighted 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 the service provider to locate the material.
- 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 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.
- 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.
- Should you fail to comply with all of the aforementioned requirements in your notice, your notice may not be valid.
- It is our policy to terminate the accounts and/or membership of Users who are repeat infringers or who are repeatedly charged with infringement, in appropriate circumstances.
TERMINATION
In the event that you are a registered user of the Site, you may terminate such
registration by notifying the Site by sending e-mail to info@lillennox.com.
After receipt of your termination notice, we will terminate your account.
We may terminate your access to the Services or your registration at any time
in the event of a breach of these TOS by User or anyone accessing the Services
using registered User’s username. We, at our sole discretion, may also
terminate these TOS at any time without cause, and may suspend access to the
Service with or without notice, to any User.
INDEMNIFICATION
User agrees to indemnify and hold us, our parents, friends, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of User’s use of
the Site, the violation of these TOS by User, or the infringement by User, or
any other user of User’s account, of any intellectual property or other right
of any person or entity.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, MALWARE-FREE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED, ACCESSED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
We reserve the right to change any and all content contained on the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
GENERAL INFORMATION
The TOS constitute the entire agreement between you and us and governs your use
of the Service, superseding any prior agreements between you and us. You also
may be subject to additional terms and conditions that may apply when you use
our affiliate services, third-party content or third-party software. The TOS and
the relationship between you and us shall be governed by the laws of the State
of California without regard to its conflict of law provisions. You agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of Los Angeles, California. The failure of us to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOS must
be filed within one (1) year after such claim or cause of action arose or be
forever barred. The section titles in the TOS are for convenience only and have
no legal or contractual effect.
VIOLATIONS AND COMMENTS
Please report any violations of the TOS or make any comments to
info@lillennox.com
