Lilly Pulitzer Community Content Policy
When you transmit, upload, post, e-mail or otherwise make available data, text, photographs, graphics, images, software, music, sound, videos, messages or other materials ("Content") on or to Lilly Pulitzer.com; through our hashtags (such as #SummerInLilly, #Resort365, #MakeItSunny or #ILoveLilly); on or to any other website, microsite, or any other internet property owned, operated or sponsored by Lilly Pulitzer (collectively "Lilly Pulitzer Sites"), you are entirely responsible for such Content. Such Content constitutes a Submission as defined below. This means that you, and not Lilly Pulitzer, or its affiliates (collectively, "Lilly Pulitzer"), are responsible for any Content that you post to any Lilly Pulitzer Sites. All users of Lilly Pulitzer Sites agree that their access to and use of any Lilly Pulitzer Sites are subject to this Community Content Policy and all applicable laws, and that any such access or use is undertaken at the user's own risk. The terms of this Community Content Policy are subject to change at any time without prior notice. Any such changes will be reflected on the Community Content Policy page of the Lilly Pulitzer.com website.
Any inquiries, feedback, suggestions, ideas or other information or Content you provide us, including submitting your name, address, social media handle, any accompanying text, and an image or images from your Facebook®, Twitter®, Instagram ®, Snapchat®, Pinterest® and other social media site account(s), using any of our hashtags (collectively, "Submissions") will be treated as non-proprietary and non-confidential. For good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, by uploading, posting, e-mailing or otherwise submitting Submissions to any of the Lilly Pulitzer Sites, you grant, and you represent and warrant that you have the right to grant, to Lilly Pulitzer an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, reproduce, edit, distribute, copy, edit, change, modify, add to, subtract from and otherwise exploit the Submissions, or any portion thereof, in any manner (including without limitation promotional and advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any compensation to you or to any third party.
You also acknowledge that your Submissions will not be returned and Lilly Pulitzer may use your Submissions, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and you are at least thirteen (13) years of age. By making a Submission, you hereby warrant that your Submission is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and the Submission does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations. You also warrant and represent that each person in the Submission has given their written permission and consent (including being of age to consent) to be included in the Submission and displayed publicly on Lilly Pulitzer Sites and other Lilly Pulitzer social media sites and marketing materials and advertising and that you shall furnish such permission and consents promptly to Lilly Pulitzer upon request. You agree to indemnify Lilly Pulitzer and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. You further agree to indemnify and hold Lilly Pulitzer, its officers, directors, and employees (collectively the "Releasees") harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorney’s fees, liabilities, verdicts, judgments and settlements) arising out of use of a Submission or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. Upon submission of Submission you hereby release Lilly Pulitzer and Releasees from, and irrevocably waive any and all claims that Lilly Pulitzer use of your Photo with or without your name, including but not limited to use on Lilly Pulitzer Sites, infringes or violates my rights in your Submission or any work or material contained in your Submission. When you submit, post, or otherwise transmit Content to any Lilly Pulitzer Sites you alone are responsible for insuring you have the rights to post that Content, including, but not limited to, any copyright rights to images or music, and the right to publish the images of the people or items included in the Content.
Facebook®, Twitter ®, Instagram ®, Snapchat ®, Pinterest® and other similar social media forums are registered trademarks of their respective companies and not affiliated with Lilly Pulitzer. Any submission via these or other similar social media sites are subject to all ruled and regulations of such sites. If you choose to submit your photo via mobile phone, standard data rates may apply.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER LILLY PULITZER 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 LILLY PULITZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE LILLY PULITZER 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.
ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY LILLY PULITZER SITE(S) OR UNDERMINE THE LEGITIMATE OPERATIONS OF LILLY PULITZER IS A VIOLATION OF LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, LILLY PULITZER RESERVES THE RIGHT TO PERUSE ALL LEGAL REMEDIES AVAILABLE TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Lilly Pulitzer Sites, Content that is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; you do not have a right to make available under any law or under contractual or fiduciary relationships; is known by you to be false, inaccurate or misleading; you were compensated for or granted any consideration by any third party; contains restricted or hidden content; or infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party.
While Lilly Pulitzer allows users to post Content, including images and comments, to Lilly Pulitzer Sites, you should be aware that Content is not maintained by Lilly Pulitzer and does not necessarily reflect the views of Lilly Pulitzer.
All Content must be appropriate for a family audience. Any Content may be removed by Lilly Pulitzer from the Lilly Pulitzer Sites at any time and for any reason.
Please note that any Content posted to any Lilly Pulitzer Sites may be used by Lilly Pulitzer for commercial purposes and may be copied or exported from any of the Lilly Pulitzer Sites and published elsewhere on the internet, including on any social media sites, or otherwise so please exercise discretion in deciding what to post on any of the Lilly Pulitzer Sites.
In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; or collect or store personally identifiable data about other users.
Lilly Pulitzer does not endorse the Content transmitted or posted on the Lilly Pulitzer Sites and therefore, Lilly Pulitzer does not guarantee the accuracy, integrity or quality of Content. You understand that by using this, or any other of the Lilly Pulitzer Sites, you may be exposed to Content that is offensive, indecent or objectionable to you. Under no circumstances will Lilly Pulitzer be liable in any way for any Content, including, without limitation, for any errors or omissions in any Content, or for any loss or damage of any kind incurred by you as a result of the use of any Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Lilly Pulitzer Sites.
You acknowledge that Lilly Pulitzer has the right - though not the obligation - in our sole discretion to refuse to post or remove any Content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any Content and you waive any rights you have in having the material altered or changed in a manner not agreeable to you. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Lilly Pulitzer has the right to remove any Content that violates this Community Content Policy or is otherwise objectionable and, solely as to the posting of content, it reserves the right to terminate access to submit Content to Lilly Pulitzer Sites without prior notice for any user who violates this Community Content Policy or infringes the rights of others. Please note that any such termination will not affect your ability to make purchases, returns, or otherwise interact with the additional services Lilly Pulitzer provides.
While Lilly Pulitzer strives to make Lilly Pulitzer Sites safe and positive places, they remain public forums, and other users may attempt to obtain personal information about you in order to harass or injure you. By using the Lilly Pulitzer Sites you acknowledge and agree that Lilly Pulitzer is not responsible for others' misuse of information publicly disclosed here. Please carefully select the type of information that you post or share, and report any abuses to us.
Effective Date: October 27, 2015
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