Thank you for visiting LilyUnlimited.com.
The terms ‘we’, ‘us’, ‘our’, and ‘Site’ refer to LilyUnlimted.com and its owner, registered in the Province of Gauteng, South Africa. The term ‘you’ and ‘yourself’ refers to the user or viewer of our website
You understand and agree that your use of our website is limited and non-exclusive. Our website reserves the right to deny use and access of this site to any person or viewer for any reason, without giving prior notice, and is allowed to collect data for the purpose of exclusion and for many other purposes.
SEVERABILITY OF THESE TERMS AND CONDITIONS
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION
You agree to obey all applicable laws while using our website. You agree that the laws of the Province of Gauteng South Africa govern these terms and conditions of use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Johannesburg, Gauteng, South Africa. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
The content on our website is for entertainment and informational purposes only, and in no circumastances shall be used in place of a trained professional. None of the information on our website should necessarily be relied upon and should not to be construed to be professional advice from us. At no time should any information on this site regarding health and/or fitness replace that of a licensed physician and/or licensed physical therapist. At no time shall any information on this site about food, diet, recipes, or meal plans replace that of a licensed dietician. Some of the recipes and food on this site may contain allergens. At no time should any information on this site about parenting, marriage, and relationships replace that of a licensed professional. We do not claim to be experts of any kind, in any field; users should always seek help from a licensed professional. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for any adjudicated claim arising out of or relating to our website shall not exceed fifty ($50) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
OBSCENE AND OFFENSIVE CONTENT
Pornography, offensive language and offensive content are not allowed on this site. Any such content posted or linked to by users in the comment section or any other place will be removed, and that user will be banned from the site. We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us through our contact form so that we can investigate the matter and remove such content if necessary. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
Intellectual Property Rights
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. Occasionally, however, you may download and/or print one copy of an individual page of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us through our contact form. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
By posting or submitting any material to us (including, blog comments, blog entries, emails, photos and videos) via the Site, you are representing:
– That you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and
– That you are thirteen years of age or older.
– When you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
– In connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
– You acknowledge that Company has the right but not the obligation to use and display any postings or contributions of any kind and that Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Linking and Framing
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property without our prior written permission.
Digital Millennium Copyright Act (“DMCA”) Notice
This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.
This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).
The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all international copyright laws, including United States copyright law.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify us, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification, in specific detail, of the material that is claimed to be infringing and specifically where it is located on the Website. Please include specific URL(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright. ;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to us using our contact page.
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT
If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with the website owner and/or the ISP. If the website owner and/or the ISP receives a valid counternotification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.
The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless the website owner and/or the ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.
Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
If you are below the age of 18, you may only use this website with the permission and active involvement and supervision of a parent or legal guardian
THE TYPE OF INFORMATION WE COLLECT FROM YOU
As with most websites on the internet, by visiting our website you automatically give us certain information. This includes information such as your IP address, when you visited, your computer’s operating system, the type of web browser you are using, the type of device you are using to access our site, the pages you visited on the site, and the time you spent on the site.
We use third party advertisements on LilyUnlimited.com to support our site. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers information including your IP address, your ISP , the browser you used to visit our site, and in some cases, whether you have Flash installed. This is normally used for geo-targeting purposes (showing advertisements that are specific to where you live) or showing certain ads based on specific sites visited (such as showing craft supply advertisements to someone who frequents craft websites).
WHAT WE DO WITH INFORMATION YOU PROVIDE US
We use your information to operate our website’s activities. For example, if you willingly provide us with your contact details or email address, we may use this data to contact you about changes to our website, new services, or special offers, to resolve disputes, troubleshoot issues, and to enforce our website’s terms and conditions and privacy policies.
We respect and take your privacy seriously, and will never sell your personal data. As a general rule, we will not give your data to third parties without your permission. However, there are some important exceptions to this rule. We may, in our sole discretion, provide information about you to law enforcement or other government officials for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability.
Although we do not disclose any individually identifiable information, we may disclose aggregate data about our website’s visitors to advertisers or other third parties for marketing and promotional purposes.
USER NAMES AND PASSWORDS
Your access to parts of our website may be protected by a user name and a password. Guard your password carefully, and do not share your password with anyone. If you enter a section of our website that requires a password, you should log out when you leave. We are not liable for any loss or damage arising from your failure to protect your password or account information.
YOUR USE OF INFORMATION AND UNSOLICITED JUNK E-MAIL/SPAM POLICY
If you obtain personally identifiable information about another website user, you are not allowed to disclose this information to anyone else without our consent, and the consent of the user.
Information you obtain from our website about us, or our site users, cannot be used by you or others to send spam, junk email, unsolicited commercial e-mail or to send unsolicited commercial communications via our website’s posting or other communication systems.
We may use autoresponders to communicate with you by e-mail, if you willingly provide your email address to us. To protect your privacy, we use a verified opt-in system for such communications and you can always opt-out of such communications using the links contained in each autoresponder message. If you have difficulties, contact us by using our contact form.