Website Terms

Website Terms and Conditions of Use

Introduction

Thank you for visiting and welcome to lillyskye.com (“Website”). This Website is owned and operated by me, Lilly Skye (“I,” “me,” “my,” and “Designer”). I provide information, services, and other offerings and resources through this Website.

These Website Terms and Conditions of Use (“Website Terms”) govern your access to and use of this Website, including any content, functionality and offerings provided on or through this Website, so please read them carefully. These Website Terms are subject to change at any time without prior notice. You’re responsible for regularly reviewing them for any changes, which will be reflected by the “LAST UPDATED” date at the top of the page. By continuing to use this Website, now and in the future, you accept and agree to be bound and abide by these Website Terms, and are deemed to have accepted any changes to any revised Website Terms after changes have been posted. If you don’t agree with any of these Website Terms, please leave this Website and stop using it.

You must be at least 18 years old to use this Website and by using it, you agree that you’re at least 18 years old.

Intellectual Property

This Website and all content are my exclusive property and are protected under applicable domestic and international intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, patents, and security components that protect digital information. It’s a violation of federal law to use any of my intellectual property in whole or in part, and modifying any content on this Website is illegal and may be prosecuted to the fullest extent permissible should I choose to do so.

You may view, download, and reprint content for non-commercial, non-public, personal use only, provided that you agree not to change the content from its original form, and you may link back to this Website with my permission and a credit back to this Website.

Except as authorized by me, you agree not to:

• Claim ownership to this Website or any of its content
• Sell, rent, modify, edit, copy, reproduce, duplicate, redistribute, republish, create derivative works, translate, or distribute any part of this Website or any content presented to you through this website, in whole or in part
• Use any logos/marks or materials appearing throughout this Website
• Remove any copyright notices from this Website or any of its content

Copyright Policy and DMCA

I respect the intellectual property rights of others and it’s my policy to promptly respond to, investigate, and process notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”). If you believe that content on this Website infringes on your copyright(s), you must provide a written DMCA notice and are responsible for ensuring the delivery of the information to me. Please submit your claim via email to hey@lillyskye.com with the subject line, “Copyright Infringement” and include the following information:

• Description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail so that I can find and positively identify it;
• URL of the page on this Website that you assert is infringing the copyrighted work(s);
• Your name, email address, and phone number so that I can contact you;
• 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 the law;
• A statement that the information in the notification is accurate and, under penalty of perjury, that you’re the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• An electronic signature of the copyright owner or person authorized to act on their behalf

Upon receipt of a valid and complete notice, I’ll remove the content. Your DMCA notice will be forwarded to the party that made the material available, and also may be sent to third parties. If you make any misrepresentation or bad-faith claim on the DMCA notification, you’re liable for damages and attorneys’ fees, as pursuant to federal law. If you’re not sure if the content infringes on your copyright, you should first consider seeking legal advice.

Acceptable Use

You agree not to access this Website by any means other than through the interface that I provide for use in accessing this Website and to use this Website and content in a manner consistent with all applicable local, state and federal laws and regulations. In connection with your use of this Website, you agree not to post, email, transmit or otherwise distribute information and/or content that:

• Infringes on or violates the personal, intellectual, or privacy rights of others
• Is unlawful, false, misleading, harmful, obscene, profane, indecent, pornographic or sexually explicit, threatening, defamatory, slanderous, libelous, harassing, abusive, or that promotes racism, bigotry, hatred, or physical harm of any kind
• Could be harmful to minors
• Solicits passwords or collects personally identifiable information from others
• Involves the transmission of “junk mail” or “spam”
• Contains restricted or password only access pages, or hidden pages or images
• Provides instructional information about illegal activities
• Includes advertising, contests, and solicitations
• Uses any robot, spider, or other automated process to monitor, copy, or “scrape” pages or content on this Website or for any other unauthorized purpose
• Contains viruses, malware, ransomware, or other harmful computer code designed to interrupt, destroy, or limit the use of any computer software or hardware
• Causes damage to, or restricts or inhibits others from accessing, this Website
• Violates any law or regulation

User Content, Blog, and News

This Website may feature third-party content creators and blog, news, and other types of articles that allow you to comment and share opinions. I don’t endorse any opinions expressed by users of this Website, or make any representations or warranties about the truthfulness, accuracy, or reliability of any information, opinion, statement, or advice posted. I’m not responsible for screening or monitoring material posted by users of this Website and won’t be liable, financially or otherwise, for any material submitted; however, I reserve the right to review, reject, delete, remove, modify, or edit any material at any time for any reason, without liability and without notice to you. When submitting material and making comments, you agree to do so in a manner that is consistent with my Acceptable Use policy. Uploading copyrighted or other proprietary material of any kind on this Website without permission from the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message may become public. You shouldn’t include any information in your posting that you don’t want other parties to see or use and I won’t be responsible for any third party’s use of information contained in such posting.

Services, Products, and Other Offerings

I reserve the right to restrict, limit, or refuse the sale of my services, products, and/or other offerings to any person, entity, geographic region, or jurisdiction and may exercise this right on a case-by-case basis. My services, products, and/or other offerings and respective pricing are subject to change at any time without prior notice at my sole discretion. I reserve the right to discontinue my services, products, and/or other offerings at any time. Any services, products, and/or other offerings I offer on this Website are void where prohibited.

Termination

I reserve the right to terminate, discontinue, change, or modify this Website in whole or in part, or the offering of any information, content, service, product, features, or functionality, at any time without prior notice and will not be liable to you or any third party.

I reserve the right to terminate your access to this Website, your email address, and remove any information you uploaded or provided at any time without prior notice and will not be liable to you or any third party. Cause for termination includes but isn’t limited to, (a) breach of these Website Terms, Privacy Policy, or any other policy on this Website, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to this Website, or (e) unexpected technical or security issues or problems. If you decide at any time that you don’t want to receive communications from me, email your request to hey@lillyskye.com. You’re responsible for ensuring the delivery of the notice to me.

Links to Other Websites

This Website may contain links to third-party websites that aren’t owned or controlled by me. I don’t have any control over, and am not responsible for, the content, information, terms, privacy policies, acts, activities, omissions, or services or products offered on such third-party websites and make no representations, warranties, or guarantees about any other website you may access through this Website. Use of any third-party website is at your own risk. My inclusion of a link doesn’t imply any endorsement of the website, its contents, or services or products. I strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Disclaimers of Warranties, Liability, and Indemnification

Disclaimers

I’ll make every effort to deliver quality services and products, deliver work to the highest of standards, and strive to achieve your project goals to the best of my ability if you engage my services, but services and work performed and delivered are sold and provided “as is.” I don’t make any representations, warranties, or guarantees that the quality of my services, work delivered, or content delivered on this Website will meet your expectations, generate any particular results, or impact results, either positively or negatively.

Your use of this Website and all content are at your own risk and provided “as is,” “as available,” and “with all faults.” I host this Website on a reputable platform and take reasonable efforts to maintain and update it, but I don’t make any implied warranties or guarantees of any kind about this Website that it is: merchantable, of satisfactory quality, accurate, complete, timely, error-free, fit for a particular purpose or need, and non-infringing; that you’ll be able to access or use it (either directly or through third-party networks) at times or locations of your choosing; that it or its content or any of its functions will be uninterrupted; that defects will be corrected; or that any part of it, including any third-party applications and servers that make it available, are secure, free of viruses or other harmful components.

The writings, thoughts, views, and experiences expressed in this Website are solely mine and don’t necessarily represent those of any other third party referenced on this Website. This Website may contain information, reviews, and opinions from third-party sources, none of which necessarily represent my views.

This Website may provide recommendations and/or links to third-party websites where you can purchase products and services. I’m not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these websites and/or their products and services.

This Website may contain testimonials and/or stories regarding the outcome or performance of using a service, product, and/or other offering. While great effort is made to ensure they’re factually honest, I won’t be responsible or liable, financially or otherwise, for errors and inaccuracies, nor do I make any representations, warranties, or guarantees that you’ll experience the same outcome.

Limitation of Liability

Use of this Website is at your own risk. I won’t be responsible or liable, financially or otherwise, for any indirect, direct, special, incidental, consequential, or exemplary claims or damages arising out of or in any way connected with your use or inability to use this Website, its content, and services and/or products. These damages include, but aren’t limited to, claims for lost profits, lost data, loss of goodwill, business interruption, computer failure or malfunction; any reliance by a user on any information obtained from this Website or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance; or any other commercial damages or losses, even if I knew or should have known the possibility of such damages.

Because some states or jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, my liability is limited to the extent permitted by law.

Indemnification

You agree to indemnify and hold me harmless from and against any and all claims, damages, obligations, losses, actions or lawsuits, costs or debt, expenses including legal and related fees and expenses, and judgments sustained or incurred by you or any third party, resulting from or arising out of your use and access of this Website; its content; services, products, work performed and delivered; or your breach of these Website Terms.

Law and Jurisdiction

These Website Terms and Privacy Policy are governed by the laws of the United States and the state of Arizona without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event a dispute arises, we both agree to first try to resolve it by negotiation between us. If we’re not able to resolve it this way, it will be subject to adjudication in the state of Arizona and you consent to the venue and jurisdiction of such courts.

If any part of these Website Terms or Privacy Policy is deemed invalid, unlawful, void, or unenforceable, then that part will be deemed severable from these Website Terms and Privacy Policy and will not affect the validity and enforceability of any remaining portions. A printed version of these digital Website Terms and Privacy Policy will be admissible in judicial or administrative proceedings based upon or relating to these Website Terms and Privacy Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Entire Agreement

These Website Terms, together with my Privacy Policy, constitute the entire Agreement between you and me relating to the use of this Website.

Questions

If you have questions or want to discuss these Website Terms, please email me at hey@lillyskye.com.