Serena & Lily Inc. Terms and Conditions
Last Updated: January 28, 2013
Welcome to the Serena & Lily website (the "Website"). Please review the following Terms and Conditions carefully. Your purchase of products from us constitutes your agreement to follow these Terms and Conditions and to be bound by them (the “Agreement”). Serena & Lily reserves the right to update or modify these Terms and Conditions at any time without prior notice.
Personal Information submitted through the Website
Your submission of personal information through the Website is governed by our privacy policy, which can be reached by clicking on the "Privacy" link located in the footer section of the Website (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
Links to other sites
While visiting our Website, you may link to sites operated by our business partners or other third parties. This does not mean that we endorse these sites. We do not make any representations or warranties about any website you may access through the Serena & Lily website. They are independent from us, and we have no control over, or responsibility for, their information or activities.
Intellectual Property Ownership and Use
Please be aware that as you visit and navigate the Serena & Lily Website your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.
You may not use any of the Serena & Lily trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Serena & Lily name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Serena & Lily's products, services, and programs. Any other trademarks that appear on our Website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us.
The products, prints, patterns, designs, text, graphics, logos, button icons, images, digital downloads, and data compilations appearing on the Website, as well as the software used to create them, are owned or licensed by Serena & Lily and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print "hard copies" from the Website solely for personal, non-commercial purposes related to placing an order or shopping on the Website. Any other use of any content included on the Website, including linking or framing to this Website, is strictly prohibited unless you first obtain our prior written consent.
If any party or user misappropriates or uses our trademarks or copyrights without the express written consent of Serena & Lily, Serena & Lily may pursue any and all injunctive, equitable, and monetary damages permitted under the law to protect and enforce its rights. Any and all users of the Website agree that if they use or misappropriate a mark or copyright without our express written consent, Serena & Lily shall receive legal fees and costs for protecting and enforcing its rights.
User Comments, Feedback, and Other Submissions
Except for information necessary to place an order, we do not want you to send to us any confidential or proprietary information through this Website. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Serena & Lily employees and agents might seem to be similar to creative works submitted by users. Accordingly, if, at our request, you send certain specific submissions (for example, contest entries) or, without out a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Serena & Lily has the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Serena & Lily or third parties as to the origin of any Comments. You are solely responsible for any Comments you make as well as their accuracy. Serena & Lily takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Errors and inaccuracies
We always try to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
Warranties
ALL SERENA & LILY'S PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH THE WEBSITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." SERENA & LILY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH SERENA & LILY HEREBY EXPRESSLY DISCLAIMS.
SERENA & LILY DOES NOT GUARANTEE THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE WEBSITE WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. SERENA & LILY WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.
Limitation of Liability
SERENA & LILY WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE WEBSITE OR SERENA & LILY'S PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO, THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SERENA & LILY.
IN NO EVENT WILL SERENA & LILY'S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF SERENA & LILY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
Security
You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Website or of the networks connected to the Website, and to abide by all security policies adopted by Serena & Lily. You acknowledge and agree that, for security purposes, Serena & Lily may monitor your account and your access to and use of the Website. Serena & Lily may at any time terminate or suspend your access to the Website as Serena & Lily considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. Serena & Lily may also impose limits on certain features and functions of the Website, or restrict your access to the Website without notice or liability.
Indemnification
You agree to defend, indemnify and hold Serena & Lily harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Agreement.
Applicable Law
By visiting our Website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our Website.
Copyright Infringement
Serena & Lily respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide us with the written information specified below:
  • An electronic or physical signature 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 upon;
  • A description where the material that you claim is infringing is located on the site;
  • 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;
  • 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.
In accordance with the Digital Millennium Copyright Act, Serena & Lily has the following designated agent to receive notification of an alleged act of copyright infringement occurring on the Serena & Lily Site:
Serena & Lily, Inc.
ATTN: DMCA COPYRIGHT AGENT
10 Liberty Ship Way, Suite 350
Sausalito, California 94965
1-866-597-2742 (toll free)
dmcanotification@serenaandlily.com
Please note that this procedure is exclusively for notifying Serena & Lily that you believe your copyrighted material has been infringed.