service agreement and Terms of service.

Booking Agreement overview:

When booking an installation for an event with lily sparrow creations (LSc), the following document serves as reference to lily sparrow creations and the Terms & Conditions. LSC highly recommends that all installations be scheduled at minimum, 30 days, (however we will accept installation dates as early as 2 weeks) prior to the date of your event. If your installation is invoiced $1000 or more, it is mandatory to book 30 days prior to the installation date. 

Your event is not officially booked, with the date reserved for your installation, until the entire balance of the retainer fee and a signed copy of the Terms & Conditions are received by LSC. There will be a due date for payments on both the retainer fee and the final payment prior to the date of installation, if applicable. For smaller items please contact brandie@lilysparrowcreations.com

Retainer Fee:

A retainer fee of 50% of the total billed, will be required in order to reserve any date(s). If the amount is not determined at the time the Terms & Conditions is received, the client will be required to pay a retainer fee of $100.00. After the balance of the installation is determined, the Client understands they are responsible for paying the remaining balance of the retainer fee, if the total balance billed equals a balance higher than that of the $100 payment already made. The Client will have 5 days to pay the remaining balance for the retainer fee. If the total balanced billed is less than $100, the order will be considered paid in full, any credit on the account will be refunded to the Client. If the Client wishes to not utilize the services of LSC, any payments made towards the retainer fee are forfeited and considered non refundable.

Payments Made

Payments can be made with Debit/Credit Card, Paypal, Venmo, or CashApp. We accept MasterCard, Visa, Discover, Amex. Failure to make the required payment by the given due date may result in any/all of the following:

•Invalidation and removal of any applicable discounts, special promotions, complimentary services,etc.

•The forteture of any payments already made.

•The release of event date and time.

•Termination of the contract.

Refunds:

LSC is an event and decor company specializing in balloon creations and custom decor installations. Anyone retaining custom services via lsc will be required to pay a retainer fee based on the size, detail, and value of the installation. This payment is expected to be paid in full prior to any services being rendered to the Client.

No refunds are given for any payments made towards the custom install/event retainer fee, even if the retainer fee is not paid in full.

No refunds are given for any payments made towards the remaining balance of the installation order

regardless of the situation. We understand situations arise that will either require the Client to cancel or reschedule their event, and although we are empathetic to those situations, we are unable to refund any payments made. When we accept an order, we begin working immediately on selecting the best design and decor needed to accomplish our goal, a perfect installation for your event. The retainer fee is always retained by lsc for your installation and the remaining balance is used to order any materials, supplies, as well as cover any labor, traveling expenses, etc. As long as a written notification is received by LSC and the cancellations/rescheduling guidelines are followed, we are able to reschedule the installation. Failure to inform LSC by the required time for the cancellation/rescheduling of an installation, may result in any/all of the following:

• The forteture of any payments already made

• The release of event date and time

• Termination of the contract

• Cancellation fees

for in store purchases and online items purchased (excluding all custom installs and custom balloon creations made in store) lsc offers a 14-day exchange policy, which means you have 14 days after receiving your item to request an exchange or store credit. To be eligible for an exchange or store credit, your item must be in the same condition that you received it, unopened, unused or unworn, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

If you cannot visit the shop in person to process an exchange, you can ship your product back to us. Return shipping costs are at the expense of the customer.

To start an exchange, or if you have received an incorrect item please contact us at brandie@lilysparrowcreations.com

We do not offer exchanges or store credits for perishable goods such as candy or flowers, custom products or personalized items and personal care goods/beauty products. We do not accept exchanges on seasonal items, sale items, gift cards or balloons. We do not issue refunds on lost, stolen, missing or damaged delivered packages. Shipping costs are non-refundable. Please get in touch if you have questions or concerns about your specific item.

Rescheduling & Cancellations of custom installations

Rescheduling 

The Client has the freedom to reschedule the custom installation with a written 7 (seven) day notice. The Client may reschedule for any date within the next 365 calendar days, at the convenience of lsc, without being charged a cancellation fee. The reschedule date is subject to availability and weather conditions. If we are unavailable, the below cancellation policies and fees will apply. We suggest that if the Client needs to reschedule, they include the preferred date to reschedule as well as a second choice, in the event that the first choice is unavailable.

Cancellations

The Client has the freedom to cancel at any time without receiving a cancellation fee, so long as lsc receives a written notice within 7 days. If a written notice is not received by lsc within 7 days of the scheduled custom installation, the Client will assume a $100 cancellation fee. Please be aware, any and all payments made towards any of the following, including but not limited to; retainer fee, materials, supplies, labor, etc. will be forfeited and considered non-refundable.

Reductions & Changes

Removing or adding decor to an installation can not be done after the Terms & Conditions have been signed. A separate order may be placed for any additions the Client wishes to have for the event, however it is at the sole discretion of the Creative Director, whether or not that order is accepted or declined. If the new order is accepted, it will be subject to the entire Terms & Conditions, as stated in this agreement. This includes 50% of the total balance of the order as a retainer fee.

Balloon Float Time

Your balloon decor will be designed around the specifications of your event.

• Latex balloons have an approximate float time of 12 hours.

• Mylar/Foil balloons have an approximate float time of 1 week.

• There are many variables that can affect the float time of your balloon decor including but not limited to weather, rain, wind, extreme heat.

• Please be aware of this if you are reserving a date for an outdoor installation.

Venues

It is the Client’s sole responsibility to confirm if the venue allows; helium tanks, helium balloons, tall structures, wall hangings, tall ladders, etc. prior to any payment made to lsc. If the Client fails to confirm the venue’s rules for balloons, helium tanks/balloons, wall hangings, tall ladders, etc. prior to making any payment(s), said payment(s) will be forfeited and considered non-refundable.

Venue Access

It is the Client’s responsibility to make arrangements for lsc to gain/maintain access of the venue. The Client is also responsible for obtaining any permits, access passes, gate/room access cards, wristbands for entire staff, as well as notify lsc of any room changes within the venue, if applicable, with at least 24 hours notice. Access arrangements apply to access prior to the event for installation, as well as access to strike, if applicable, or breakdown any props, designs, equipment, etc. If props/designs/equipment are transported by the Client, the Client may return said items to lsc the following day.

Personal Residence

If the location of the event is located in a personal residence, the above installation times still apply. The access requirements are still applicable in regards to allowing lsc and it’s Creative Director and teams access to make the installation. The Client understands that installations are done using an array of options including but not limited to command strip, removable wall mounts, etc. If there is a preference in method of installation, please inform your Creative Director when signing the Terms & Conditions as it will need to be documented in the invoice.

Event Details

The Client is responsible for seeing that the venue has the name of the Creative Director’s name and contact number on file for two reasons; 1) The Creative Director needs to have a point of contact at the venue in the event a change has occurred on our end, we have a way to relay that info, possibly find a resolution if applicable. 2) In the event the point of contact at the venue needs to reach the Creative Director to inform lsc of a change, it makes the communication process easier. This also allows for the Client to not be inconvenienced on the day of installation as well.

Installations

The Creative Director overseeing the installation should receive any permits, access passes, gate/room access cards, wrist bands, etc, 24 hours prior to the date of installation to ensure access to the venue. If access is denied at any time, for any reason, including failure or lack of communication, it will result in items not being installed punctually or adequately, and possibly not at all. If this occurs, the Client agrees that lsc will not be held liable.

• All installations require a minimum of 2 (two) hours for orders totaling $150-$450.

• All installations require a minimum of 3-4 (three-four) hours for orders totaling $450-$650.

• All installations require a minimum of 4-5 (four-five) hours for orders totaling $651+.

If any orders are of intricate detail, large capacity, or for any other reason that requires more than 4 hours for installations, they will be documented and adhered to in order to receive a quality installation. Please see pricing for delivery and installation fees.

Client Installations

• If applicable, the Client may transport and install their order themselves.

• This must be communicated in writing prior and will not be changed after signing the Terms & Conditions.

• The Client agreeing to transport and install the order themselves, will have the delivery and installation fee waived.

• The Client agreeing to transport and install the order themselves, also relinquishes lsc of any/all responsibility for the order once completed and paid for, including the outcome of the installation.

lsc Installations

• There will be a delivery and installation fee, figured into the pricing for the event during the booking stage.

• Failure to have the entire balance paid for, regardless the dollar amount, will result in a cancelled installation and forfeited payments, which can not be refunded or transfered.

• A team from lsc, including but not limited to your Creative Director, will arrive at the venue at designated time for installation.

• Our team will need to unload the equipment and decorations to the designated area, set up a designated working space, free from interruption or traffic from other vendors.

• The time designated for the installation will be utilized, however, any time left over after installation is complete, is not subject to discounts or refunds.

Any and all equipment and props are property of lsc or our third party vendors and will be returned to lsc if applicable or to the third party vendor either the same day, after the event or the following day, if being transported by the Client.

By signing the Terms & Conditions the Client agrees that there will be no other balloons, balloon decorators, or balloon companies onsite, throughout the entire installation and event. IC reserves the right to refuse further service towards the event, resulting in foreited payments.

Striking & Disassembling

• After an event, the Client is responsible for disassembling and returning all equipment and property of lsc, as well as properly disposing of the remaining balloons.

• lsc can strike and disassemble an installation if desired by the Client. In this case a striking fee will be added to the total order during the booking stage.

• If the Client chooses to strike the set themselves after a striking fee has already been paid, that payment will be forfeited and considered non refundable.

Ownership of Equipment & Materials

All equipment, materials, and props used for the installation, are the sole property of lsc or our third party vendors and are used on a rental basis only.

• The Client is responsible for access to retrieve said equipment, materials, and props after the event.

• Signing the Terms & Conditions makes the Client solely responsible for the equipment, during and after the event, until surrendered back to lsc. Failure to do so, will result in the Client accepting sole responsibility for the property of lsc and agrees to have the card on file charged or be sent an invoice and agrees to pay it in full.

• Any damage or vandalism that occurs to any of the property of lsc during the event, including any damage or vandalism that occurs due to the Client’s guests, will result in the Client accepting sole responsibility for the property of lsc and agrees to have the card on file charged or be sent an invoice and agrees to pay it in full. This includes but is not limited to misuse, theft or disasters (fire, flood, earthquake).

Balloon Releases

Although balloon releases are intended to remember someone lost, support a cause, show respect for someone or something, and much more, lsc does not participate in balloon releases of any kind, regardless of the number of balloons requested. lsc will not fill orders for anyone intending on releasing the balloons. Releasing balloons is detrimental to our environment in many ways. Balloons float hundreds, if not thousands of miles and when they land, they run a chance of landing in the ocean, in areas where livestock could accidentally eat them, or anywhere else as litter. We do not support, do not fill orders for and advise against participating in any balloon releases.

balloon Materials:

We use 100% natural biodegradable latex balloons. Foil balloons are reusable and can be returned to our stores for recycling, along with our balloon weights.

Outdoor Events

*****WE DO NOT CANCEL FOR BAD WEATHER UNLESS DEEMED DANGEROUS WEATHER OR A NATURAL DISASTER***** *****BY LOCAL STATE / GOVERNMENT OFFICIALS*****

By signing the Terms & Conditions, the Client acknowledges that some balloon decor may be affected by temperature and humidity, something that lsc can not be held liable for. lsc will not be held liable for the reaction of any balloon decor to the weather or uncontrollable acts of nature including but not limited to rain, wind, or extreme heat. lsc NEVER guarantees perfect results for any installation done outdoors or in these uncontrollable situations.

• In the event there is a situation that prevents the Creative Director from installing the balloon decor in the original location at a venue, the Creative Director is able to move the balloon decor to that location at their discretion. 

(still on site at original address) and attempt to complete the installation.

• It is the Client’s sole responsibility to have an alternate location available and ready in the event the original location is not able to be utilized. Failure to do so will cause the payments to be forfeited and considered non refundable.

• lsc will however, not be able to guarantee a quality and perfect installation due to last minute setup changes, but will promise to do everything possible to ensure it is as close to perfect as physically possible.

•The Client is responsible for locating an alternate location to setup as well as ensure access to lsc.

• If dangerous weather or a natural disaster occurs that causes the venue to close and prevents the event from taking place, the Client may reschedule the installation for a different date, within the next 365 days.

• Dangerous weather and natural disasters are only accepted if acknowledged by a local state/government official.

• If the Client cancels the event due to rain or other bad weather, not designated as “dangerous weather”or “natural disaster”, the Client understands that the payments will be forfeited and considered nonrefundable. The payments will not be transferable.

• lsc agrees to be present and ready for installation even if it is raining, snowing, or displaying any other type of “irregular” weather, with the exception of road closures.

Pricing & Fees:

All pricing regarding the entire order including but not limited to; retainer fee, delivery fee, installation fee, striking fee, cancellation fee, etc. will be documented during the booking stage. All payments made towards any and all of these charges are non refundable. Please make sure you have communicated the necessary details to any other vendors you may be working with prior to booking with lsc.

Retainer fee: 50% of total order for installation.

for certain installations, a completed payment will need to be made prior to reserving the date of the event. this is on a case by case basis.

Delivery Fee: starting at $35 (Anything 30 miles or more, please contact us.)

Installation Fee: 30% of total order

Striking Fee - Must be paid for prior to the event and documented: $250 flat fee to return to remove balloons and or pick up equipment. 

Cancellation Fee:

$100 (Avoid by providing, in writing, a request to reschedule within 7 days of the event.)

Display & Promotion

By signing the Terms & Conditions, the Client agrees that lsc may use the decorated display including video recordings and photographs for usage on the official lsc website, including but not limited to social media networks, flyers, billboards, displays, commercials, and any other form of promotional marketing.

All designs/displays installed by lsc are the property of lsc, in return lsc reserves the right to utilize any/all photographs and video recordings as deemed necessary, for promotional use. This also includes any personal photographs or video recordings taken by the Client or the Clients’ guests. lsc reserves the right to include the official lsc logo on any personal photographs or video recordings made, from an lsc installation. lsc also reserves the right to refuse to use any photographs or video recordings made by any of the following, including but not limited to; lsc, the Client, the Clients’ guests, photographers, videographers, venue personnel, or any other vendors.

Vendors & Event Coordinators

lsc is focused on making balloon decor that stands out as an unforgettable piece in your event. Our main focus is providing exceptional service and installing a quality design. We strive for perfection and in return, we expect all vendors or event coordinators who are working together to create this unforgettable event, to expect nothing less than perfection as well. With that being said, all vendors and event coordinators can be referred to the Client.

• lsc is not responsible for assisting other vendors in tasks related to their designated field.

• lsc is responsible for maintaining a safe and healthy work space, installing the balloon decor, striking and disassembling if applicable, and cleaning up the workspace utilized by lsc. 

• lsc is not responsible for poor services rendered by other vendors. It will be the Client’s responsibility to settle any discrepancies with the vendors directly.

• lsc will not refund any payments made due to other vendors hindering or becoming detrimental to the progress and quality of the installation.

• lsc expects any Client working with an Event Coordinator to ensure their coordinator is abreast of the installation arrangements prior to the day of the event.

Independent Contractor

The Terms & Conditions are not to be misconstrued as an employment agreement in any way. lsc and its Creative Director, as well as the team and/or any vendors accompanying the Creative Director functions solely as Independent contractors. The Client understands that the Creative Director is a professional and does not need to be supervised during the installation of the balloon decor. 

Safety 

In the event lsc or the Creative Director deems the event or the installation to be unsafe, the Creative Director has the authority and obligation to refuse service of the installation until the unsafe situation is made safe again. If the Clients guests or other vendors have made the installation or location unsafe, the Client assumes full responsibility and pays any fees for travel, rentals, staff, etc. If this situation occurs, lsc will leave all balloon decor onsite for the Client and will remove themselves and all property, equipment, staff, etc. from the property immediately. If ever there is a safety issue such as this, lsc will exercise our right to refuse service and the Client/Client’s guests will be blacklisted. 

Please be advised that prices are subject to change without notice.

By signing the Terms & Conditions document and or submitting payment, I certify that I have read this document in its entirety, I fully understand and agree with this agreement. I also understand my role as a CLient and the role that my Creative Director will play in the installation for my event.

OVERVIEW of terms of service
This website is operated by Lily sparrow creations. Throughout the site, the terms “we”, “us” and “our” refer to lily sparrow creations. lily sparrow creations offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on squarespace. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy stated in this document.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without 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 we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality 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 Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall lily sparrow creations, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless lily sparrow creations and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the united states of america.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us.
Our contact information is posted below:

lilysparrowcreations.com/contact