terms of service
The following is a legal agreement between LilyDidIt, LLC, a California corporation ("LilyDidIt," "we," "us," or "our") and "you," the user of this Site.
By accessing, browsing and/or using this Web site ("Site"), you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site.
your use of the site
LilyDidIt hereby grants you a limited license to use the materials, features, and services provided by LilyDidIt on this Site (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.
The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by LilyDidIt or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of LilyDidIt or any third party. All of the Material available on the Site is copyright © 2007, LilyDidIt, LLC, or used under license.
acceptable use policy
LilyDidIt is not for use by people under 18 years of age.
LilyDidIt User will not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
LilyDidIt User agrees not to use the service for illegal purposes.
You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.
LilyDidIt User recognizes and accepts that LilyDidIt is not intended to be an Anonymous Email Service. Every vCard sent includes the IP (Internet Protocol) address from which the login session originated. With this header information, the source of a message can be narrowed dramatically (often directly to your computer). This is done for the protection of LilyDidIt recipients.
Violations of the LilyDidIt's Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional greetings on the service. If the sender is a member of LilyDidIt's subscription service, LilyDidIt may disable the sender's account without compensation or refund. LilyDidIt RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING GREETINGS RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY LilyDidIt TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
LilyDidIt User will not use the service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
You may not use this Site to send online greeting cards to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. LilyDidIt reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages.
links and advertisements
LilyDidIt may feature on its Site, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH LilyDidIt, LLC. LilyDidIt MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. LilyDidIt WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY LilyDidIt ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
There may be circumstances where access to this Site is provided by a link located at another Web site. Neither LilyDidIt nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither LilyDidIt nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither LilyDidIt nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.
LilyDidIt welcomes comments regarding its products and services. However, our policy is not to accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. We hope you will understand that it is the intent of this policy to avoid misunderstandings when projects developed by our extremely prolific staff are similar to someone else's creative work. Accordingly, we must ask that you NOT send us any such ideas. We do value your feedback about our services and products, but we request that you be specific in your comments about those services and products, and we further request that you NOT submit any creative ideas, suggestions or materials. If, in spite of our requests NOT to, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of LilyDidIt. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.
RESTRICTIONS ON USE OF MATERIALS
This site is owned by LilyDidIt (herein referred to as "LilyDidIt" or LilyDidIt.com, "we," "us," or "our"). You acknowledge that this site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively called "Content"), which is generally provided by LilyDidIt or its subsidiaries or by licensors of LilyDidIt. No material from LilyDidIt.com or any other Web site owned, operated, licensed or controlled by LilyDidIt may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed in any way, without our prior written permission. Modification or use of the materials for any commercial purpose is a violation of copyright and other proprietary rights owned by parties including LilyDidIt and its affiliates.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LilyDidIt DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LilyDidIt DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LilyDidIt DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LilyDidIt) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WARRANTY RESTRICTION; LIMITATION OF LIABILITY
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. AG.COM IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC GREETINGS SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER LilyDidIt NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF LilyDidIt.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT LilyDidIt.COM AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER LilyDidIt NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS LilyDidIt AND ITS AFFILIATES AND PARTIES WITH WHOM LilyDidIt HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
You hereby indemnify, defend and hold harmless LilyDidIt and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. LilyDidIt reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all LilyDidIt site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from LilyDidIt if in LilyDidIts sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other LilyDidIt site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
In the event LilyDidIt determines, in its sole discretion, that you have violated these Terms, LilyDidIt shall have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of greetings from our Site, and/or pursue any other remedies available to it under applicable law.
UPDATES TO TERMS
LilyDidIt shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. Any dispute arising between you and LilyDidIt, LLC will be submitted to binding arbitration in Los Angeles, California, in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.
At LilyDidIt, we have a firm commitment to protecting your privacy and security as our customer. We do not share your individual customer contact information with third parties, except for those select organizations with which LilyDidIt has a legal or contractual obligation or relationship. We currently do not sell our e-mail address list or Internet customer financial or contact information and will not do so in the future without your express permission. We do not use or share the e-mail addresses of E-card recipients with anyone.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICES
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to LilyDidIt's Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
* An electronic or physical signature of the owner or 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, and a description of the infringing activity including of where the material which you claim is infringing is located on the LilyDidIt Site sufficient to allow us to locate the material;
* Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, 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 the copyright owner or authorized to act on the copyright owner's behalf.
To report a violation of the LilyDidIt Rules and Regulations or Terms of Service, please contact us at firstname.lastname@example.org.
At LilyDidIt we believe information privacy is an important issue. Therefore, we have developed the following policy. This policy may be updated, revised and re-posted from time to time. This policy applies to site visitors who comply with the LilyDidIt.com Terms of Service.
We are an Anti-SPAM site
We do not share information on specific individuals with marketing companies. We are an anti-SPAM site. We will not promote the practice of unsolicited mailings of any kind.
We collect information, but we respect individual privacy
We do collect certain individual information to facilitate card sends, card pickups, and the personalization of our site.
We do not use the e-mail address contained in an vCard for direct marketing purposes nor do we compile e-mail address to build mailing lists to sell to or share with marketers. We do use these addresses: to facilitate card delivery and to assist in card pickups. E-mail addresses are also used help protect a recipients' privacy right to know the identity of a card sender.
IP addresses and Info shared with Card Recipients
Card senders share with card recipients certain information beyond their notes (for example: e-mail addresses, IP addresses...). This is a necessary to facilitate card delivery and to protect the privacy of card recipients. IP addresses of card senders are printed on cards to protect the privacy of card recipients and to protect card recipients from anonymous abuse or harassment. LilyDidIt is not intended as to be used as an anonymous mail service.
We do share demographic "site summary information". Such summaries are compiled from individual information but do not include specifics on individuals. This information is gathered via cookies, card sends, surveys, newsletter signups, and personalization. These summaries highlight broad demographic trends on our site (for example: browsers used, geographic breakdowns...). This information is used to improve our site and business, it is also used to attract site advertisers and new business opportunities.
Our site's subscription registration form requires users to give us their email address. The customer's contact information is also used to contact the visitor when necessary. Users may opt-out of receiving mailings; see the choice/opt-out section below.
Demographic and profile data is also collected at our site. We use this data to tailor a visitor's experience at our site -- displaying content that might interest visitors, and displaying content according to visitor preferences. This information is shared with advertisers only on an aggregate basis. We do have an opt-in e-mail newsletter/subscription. We only send this newsletter to e-mail addresses that have requested this e-mail delivery. We ask individuals to only sign themselves up for this posting.
Sites to which we Link:
LilyDidIt does contain advertising and content links to other sites. We do not police the privacy practices of these linked sites nor are we responsible for the privacy practices or the content of such Web sites. Individuals visiting these links should be attentive to the policies and practices of these sites and act with discretion.
Ad Serving Partners:
LilyDidIt OFTEN WORKS WITH A THIRD PARTY THAT SERVES ADS TO THIS SITE.
Under what conditions is you LilyDidIt privacy relinquished? LilyDidIt may release individual information to legal, corporate or internet authorities if there is reasonable suspicion that an individual has not complied with our Terms of Service. Examples of such non-compliance includes the use of our card system for harassment, SPAM, profanity, pornographic dissemination or illegal activity.
We do not disclose any information that could be used to identify you personally. For example, we may tell our business partners how many customers in certain demographic groups sent certain ecards.
Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third-parties if we are required to do so by law or we believe that such action is necessary:
To comply with legal process such as a search warrant, subpoena or court order;
To protect the company's rights and property;
To investigate reports of users sending material using a false e-mail address or users sending harassing, threatening, or abusive messages;
To protect against misuse or unauthorized use of our website and/ or the LilyDidIt.com service;
During emergencies, such as when we believe someone's physical safety is at risk.
Your Internet Protocol (IP) address can be accessed by recipients in the source of the vCard HTML. Under certain circumstances, recipients, their legal representatives, and/ or law enforcement authorities may be able to combine this with information disclosed by ISPs to determine the source of a particular communication. By using this service, you knowingly and voluntarily assume any risks associated with such disclosure
What visitor information is collected upon an LilyDidIt.com visit?
Why? How is this used?
Unique visitor counts, User preference settings
What information is collected during a LilyDidIt send?
Your name and e-mail address, Recipient names and email addresses, card note, Sender's IP address, browser type.
Why? How is this used?
Card delivery, Site support, Broad demographic reports, recipient privacy, Card pick up assistance.
How can I review, edit or delete this information?
An opportunity for editing is provided after a "card build" and before a site send.
What information is collected during a LilyDidIt pickup?
IP of Pickup person
Why? How is this used?
Site support, Broad demographic reports, Recipient privacy, Card pick up assistance
Questions and Comments
Notification of Changes