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Unless you expressly state
alternative applicable license terms in connection with your Content
submission, the Public Content License will apply by default to Public
Content and the Private Content License will apply by default to
You are responsible for making
sure that you have all rights in the Content you post that are
necessary post content for Public License/ Public Domain Use.
Content shall be published to LilyanChauvin.com at the discretion of LilyanChauvin.com.
You also agree not to post or otherwise make available any Code, or Content that:
unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or harms minors in any way
• Harasses, degrades, intimidates or is hateful toward an individual or group of individuals
• Falsely states or otherwise misrepresents your affiliation with a person or entity
• Includes personal or identifying information about another person without that person's explicit consent
• Is false, deceptive, misleading, deceitful, or constitutes “bait and switch”
any patent, trademark, trade secret, copyright or other proprietary
rights of any party, or Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships
• Constitutes or contains any form of advertising or solicitation if posted in Content
any illegal services or the sale of any items the sale of which is
prohibited or restricted by applicable law, including without
limitation items the sale of which is prohibited or regulated by
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
the normal flow of dialogue with an excessive number of messages
(flooding attack) to LilyanChauvin.com, or that otherwise negatively
affects other Users' ability to use the content submission form
Disclaimer of Warranties
YOUR USE OF LILYANCHAUVIN.COM,
AND ALL CODE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK.
LILIYANCHAUVIN.COM AND ALL CODE AND CONTENT ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. LILYANCHAUVIN.COM AND EACH USER EXPRESSLY
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND
NON-INFRINGEMENT. NEITHER LILYANCHAUVIN.COM NOR ANY USER MAKES ANY
WARRANTY THAT THE LILYANCHAUVIN.COM, OR AND CODE OR CONTENT WILL MEET
YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
You agree to
indemnify, defend, and hold harmless LilyanChauvin.com, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, from and against any claim, demand, loss,
damage, cost, or liability (including reasonable attorneys' fees)
arising out of or relating to
a. any Code or Content you submit, post, transmit, or make available through LilyanChauvin.com;
b. your use or misuse of LilyanChauvin.com;
c. your connection to LilyanChauvin.com;
d. your violation of these Terms; or
e. your violation of any rights (including intellectual property rights) of a third party.
Limitation of Liability
YOU AGREE THAT
LILYANCHAUVIN.COM SHALL NOT BE LIABLE TO YOU FOR (A) ANY 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 NING HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE
INABILITY TO USE LILYANCHAUVIN.COM OR ANY CODE OR CONTENT, (ii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND
(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER)
IN THE NING PLATFORM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES
ARISING FROM OR RELATED TO THESE TERMS.
Updates to Terms of Service
These Terms may be updated or
changed by LilyanChauvin.com from time to time upon LilyanChauvin.com's
posting of the amended Terms on this page.
The failure of
LiliyanChauvin.com to exercise or enforce any right or provision of
these Terms does not constitute a waiver of such right or provision. If
any provision of these Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should try to give effect to the parties' intentions as reflected
in the provision, and the other provisions of these Terms of Service
remain in full force and effect. You may not assign these Terms, in
whole or in part.
Any unauthorized use of any
LilyanChauvin.com computer system is a violation of these Terms and
certain federal and state laws, including without limitation the
Computer Fraud and Abuse Act (18 U.S.C. S 1030 et seq.), Section 502 of
the California Penal Code and Section 17538.45 of the California
Business and Professions Code. Such violations may subject the
unauthorized user and his or her agents to civil and criminal penalties.
The other Users of the Ning Platform are intended third party beneficiaries of your obligations under these Terms.
LilyanChauvin.com may assign
these Terms to any successor or purchaser of LilyanChauvin.com or all
or substantially all of its assets.
Any dispute between the
parties arising out of these Terms shall be settled by arbitration
utilizing the dispute resolution procedures of the American Arbitration
Association (AAA) in San Francisco, CA. You hereby waive any right to a
jury trial of any such dispute.
These Terms shall be governed
by the laws of the State of California without giving effect to any
conflict of laws principles that may provide the application of the law
of another jurisdiction.