OFFICIAL SITE TERMS OF USE
Please read this Terms of Use agreement carefully. Your use of the Site www.LilleeJean.com (as defined below) constitutes your agreement to this Terms of Use agreement.
The following terms and conditions (the “Terms and Conditions”) govern your use of the Lillee Jean www.lilleejean.com Website which represents Lillee Jean Trueman, the “artist”. This Site is made available by Lillee Jean Trueman (collectively known as, “LJ", "Lillee Jean Productions", "Lillee Jean", “we” or “us”). We may change the Terms and Conditions, at any time without notice to User, by posting such changes on the Site.
Your use of the Website confirms your acceptance of these Terms and Conditions and your agreement to be bound by them. If you do not accept these Terms and Conditions, do not use this Website. In the event of a violation of these Terms and Conditions, Lillee Jean Trueman (“LJ", "Lillee Jean Productions", "Lillee Jean" etc.) reserves the right to seek all remedies available by law and in equity. We may terminate your access or use of this Website at any time, for any reason or no reason and without prior notice to you. We may at any time and from time to time revise these Terms and Conditions by updating this posting. You should visit this page from time to time to review these Terms and Conditions to learn of and understand any changes, because they are binding on you. Your use of this Website following any such revisions constitutes your agreement to follow and be bound by the terms as revised.
By the deliberate act of accessing and/or utilizing this official digital domain (the Site), including, but not limited to, the registration for an Account, any interaction with the Site's features, or the submission of feedback through the Site, you shall be deemed to have fully and irrevocably accepted, agreed to, and entered into a binding covenant with these Terms and Conditions. Your continued use obligates you to strictly abide by all rules, covenants, conditions, restrictions, and notices contained within this governing document. Should you elect not to agree to these Terms and Conditions, you are expressly prohibited from accessing or otherwise utilizing the Site in any capacity.
I. Proprietary Rights
As between, you and LILLEE JEAN TRUEMAN, owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark, patent, database, moral, sui generis and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you, the user, ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible devices, and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing, or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of LILLEE JEAN TRUEMAN, or the applicable rights holder.
(The Site may contain some features that enable you to obtain rights to use certain content on the Site. In such situations your rights and intent are limited to the rights expressly granted by LILLEE JEAN TRUEMAN)
You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. LILLEE JEAN TRUEMAN will aggressively enforce its intellectual property rights to the fullest extent of the law. This includes the Digital Millennium Copyright Act (DMCA) on social platforms. A policy page is outlined here to vigorously protect Lillee Jean Trueman's intellectual properties: https://www.lilleejean.com/copyright-statement.
Rules of Conduct. In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. In addition, you will comply with the following "Rules of Conduct" as updated from time to time by us. You will not:
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Post, transmit, or otherwise make available, through or in connection with the Site:
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Anything that is or may be (a)threatening, harassing, degrading, hateful or intimidating; (b)defamatory; (c)fraudulent or tortious; (d)obscene, indecent, pornographic or otherwise objectionable; or (e)protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
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Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking" or "phreaking."
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Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
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Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
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Any material non-public information about a company without the proper authorization to do so.
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Use the Site for any fraudulent or unlawful purpose.
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Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
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Impersonate any person or entity, including any of our (or our affiliates') representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.
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Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
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Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
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Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
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Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
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Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
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Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
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Frame or mirror any part of the Site without our express prior written consent.
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Create a database by systematically downloading and storing all or any Site content.
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Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior, written consent.
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Engage in the unauthorized capture, reproduction, or recording of the Site’s visual content, including but not limited to taking screenshots, screen grabs, or recordings for any purpose, which action directly violates the Proprietor’s rights of intellectual property.
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Contribute to the creation or maintenance of any unauthorized archival database, including but not limited to using services such as the Internet Archive (Wayback Machine), for the purpose of storing or reproducing the Site's content, which constitutes an infringement of the Proprietor's exclusive Right of Reproduction and Right of Publicity, and Copyright.
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Attempt to circumvent any block, ban, or restriction imposed by the Proprietor or the Site by utilizing or creating alternate accounts, secondary user profiles, or repeat registrations. Engage in the coordinated pursuit of harassment, defamation, or other tortious or malicious activity across external digital platforms (inter-platform malicious activity) with the intent of interfering with the Proprietor’s business or personal affairs, which conduct shall be pursued under applicable international and domestic law.
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Utilize automated software, bots, or any form of scraping technology for the unauthorized collection, extraction, harvesting, or commercial exploitation of any data, content, or user information from the Site.
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Access or attempt to access the Site after being notified of a block, account suspension, or permanent ban, including through the use of IP address manipulation, VPNs, proxy servers, or by repeatedly changing network routers, which actions constitute an illegal circumvention of technical security measures.
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Engage or permit any third-party commercial entity, including but not limited to digital media agencies, marketing firms, or data analysis services, to access the Site for the purpose of running statistics, performing unauthorized analytics, or gathering data on the Site's traffic, performance, or user base, as this constitutes illegal use and unauthorized access.
We may terminate your use of the Site for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site).
II. EXCLUSIVE COPYRIGHT, TRADEMARK, AND INTELLECTUAL PROPERTY NOTICE
DECLARATION OF EXCLUSIVE OWNERSHIP: In accordance with the United States Copyright Act (Title 17 U.S.C.) and applicable International Copyright Treaties, including the Berne Convention, any and all digital assets, images, text, cinematic works, and original concepts created, photographed, or captured by Lillee Jean Trueman, are the exclusive property of Lillee Jean Trueman. This exclusive ownership and copyright extends to all content appearing on the official domain www.LilleeJean.com, all associated social media pages, including but not limited to Facebook, Instagram, Pinterest, and YouTube, as well as any and all archived or latent digital works created from 2015 onwards. Copyright and ownership of all works, photographs, and images will be permanently retained by Lillee Jean Trueman.
PROHIBITION OF UNAUTHORIZED USAGE
ALL RIGHTS ARE EXPRESSLY RESERVED. NO USAGE OR LICENSE IS GRANTED OR WARRANTED.
Unless express, written authorization is formally executed by Lillee Jean Trueman, all site and channel users are STRICTLY FORBIDDEN by law from engaging in the following actions:
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FORBIDDEN Reproduction and Copying: The works may not be reproduced, printed, distributed, copied, transmitted, modified, or manipulated in any form, including the unauthorized downloading or stealing of movie files or video content.
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FORBIDDEN Digital Exploitation: The unauthorized capture of any visual content, including through screen grabs, screenshots, recordings, or archival via external third-party services (such as the Internet Archive or equivalent platforms), is strictly prohibited and constitutes a direct act of infringement.
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FORBIDDEN Derivative Works: The use of any image, photograph, or cinematic work as the basis for another photographic concept, illustration, reproduction, digital render, or artist-rendered derivative work is a direct violation of the law and is strictly prohibited.
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FORBIDDEN Malicious Use: Any and all malicious usage, exploitation for profit, or use intended to cause defamation or public injury to the Proprietor’s likeness is prohibited and shall be pursued to the fullest extent of the law.
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All works are registered with the U.S. Copyright Office. Failure to comply with this Notice constitutes willful infringement, exposing the infringing party to maximum statutory and punitive damages.
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U.S. LAW: Infringement subjects the responsible party to civil litigation under the U.S. Copyright Act (Title 17 U.S.C.), including but not limited to:
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Liability for Actual Damages and the infringer's Profits.
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Liability for Statutory Damages of up to $30,000 per work.
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Liability for Willful Infringement resulting in statutory damages of up to $150,000 per work, in addition to the recovery of attorney's fees and litigation costs.
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The Proprietor shall employ the full force of the Digital Millennium Copyright Act (DMCA) takedown procedures globally.
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INTERNATIONAL LAW: The Proprietor reserves the right to pursue civil and criminal penalties against infringers across all international jurisdictions, asserting the Right of Reproduction and Moral Rights as provided under the Berne Convention for the Protection of Literary and Artistic Works and relevant local law.
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Trademarks: The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of LILLEE JEAN TRUEMAN and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause confusion, or in any manner that disparages or discredits their rights holders. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of LILLEE JEAN TRUEMAN, or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. LILLEE JEAN TRUEMAN, will enforce its Trademark rights to the fullest extent of the law. See TERMS for episodes. We do not condone and will not tolerate any unauthorized use of our trademarks, trade names, logos, names and trade dress (collectively, the "Trademarks and Trade Dress"). Lillee Jean Trueman and her affiliated companies retain all rights regarding the Trademarks and Trade Dress, including common law trademarks, and copyright of original content(s). The Trademarks and Trade Dress are protected by U.S. federal and state trademark laws and international laws and treaties. No license for the use of the Trademarks or Trade Dress is granted to you under these Terms and Conditions or by your use of the Website/App.
Copyright Registration Records: https://publicrecords.copyright.gov/search?page_number=1&query=%22Lillee%20Jean%22&field_type=%22keyword%22&records_per_page=10&sort_order=%22asc%22&highlight=true&model=%22%22
III. Governance of User Information and Access Credentials
In the due course of utilizing this official digital domain (hereinafter referred to as "the Site"), you may be requested to tender specific personal details and data to the Proprietor. Such information (hereinafter referred to as "User Information") shall be collected and processed strictly in accordance with the policies and protocols articulated within the Site's official Privacy Policy. You hereby acknowledge and warrant that you shall be solely responsible for the accuracy, validity, and content of all User Information furnished to the Proprietor or the Site.
MANDATORY REGISTRATION AND ACCOUNT SECURITY
Registration for Access: Access to certain restricted part(s) of the Site may necessitate mandatory registration. The Proprietor reserves the absolute right to reject, or compel the modification of, any username, password, or associated details submitted by you during the registration process. Confidentiality Covenant: Your allocated username and corresponding password are for your exclusive personal use and must be preserved with the utmost confidentiality. You bear full legal responsibility for any and all activity conducted through the use of your username and password, and you formally covenant to notify the Proprietor immediately of any detected breach of confidentiality or unauthorized access to your username, password, or associated Site account.
MOBILE USER INFORMATION AND TEXT SERVICES
When you formally enroll in a text message service (Text Services), you hereby agree to receive offers and other requisite information from the Proprietor via SMS and/or MMS message at the designated mobile number provided during the registration process. You may be required to respond to an initial message as instructed to successfully complete registration and confirm enrollment. The precise terms of the enrollment process shall disclose the program details, the intended frequency of messages, and all available options to cancel your enrollment. No additional charge shall be levied for this service unless explicitly disclosed and formally agreed upon by you; however, you may be presented with opportunities to effect purchases through the Text Service, and you shall retain full responsibility for any charges associated with such purchases. Your mobile carrier’s standard message and data rates may be applied to any messages you send or receive through the Text Services, including all confirmations and subsequent texts; you are advised to contact your mobile carrier directly for further information regarding your mobile data and messaging plan. Our information collection and usage policies regarding your personal information are formally set forth in our Privacy Policy. You covenant to notify the Proprietor of any and all changes to your mobile number and update your account to reflect such modification, and you acknowledge that you are solely responsible for the accuracy of this information. Your carrier may impose prohibitions or restrictions on certain mobile features, which may render them incompatible with your specific carrier or mobile device. You must contact your carrier directly with questions regarding these technical issues. The Proprietor shall not be held liable for any delays in the receipt of, or failure to receive, any SMS or MMS texts, as the effective delivery thereof is subject to the transmission efficacy of your mobile carrier.
V. CESSATION OF SOLICITATION AND SUBMISSION PROTOCOL
The Proprietor affirms that NO SOLICITATION IS ACCEPTED. Unless and until the Proprietor issues a formal, explicit, and written request for submissions, we unequivocally decline and refuse to receive any form of confidential, secret, or proprietary information, intellectual property, or other material from you through the Site, via electronic mail, or through any other means of transmission.
In the event that any information, creative works, demonstrations, ideas, concepts, or other materials (hereinafter referred to as "Submitted Materials") are nonetheless sent or transmitted to us without prior formal solicitation, such materials shall be deemed NOT to be confidential, secret, or proprietary. By transmitting or sending any such unsolicited Submitted Materials to the Proprietor, you shall be deemed to have irrevocably and perpetually granted the Proprietor a royalty-free, unrestricted, worldwide, non-exclusive, fully transferable, assignable, and sublicensable right and license to utilize, copy, reproduce, modify, adapt, publish, distribute, perform, and display such materials in any manner.
Furthermore, you shall be deemed to have (i) represented and warranted that the Submitted Materials are entirely original to you and that no other entity holds any rights thereto, and (ii) waived any and all "moral rights" associated with the Submitted Materials. The Proprietor shall assume NO RESPONSIBILITY for the preservation or security of any unsolicited Submitted Material and reserves the absolute right to delete or destroy any such material at any time without notice or liability.
VI. USER CONDUCT AND PROPRIETOR'S PROTOCOL
PROHIBITED USER CONDUCT ON THIS SITE
You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that: (a) are protected by copyright law, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen or database scraping,” or any other activity with the purpose of obtaining lists of users or other information, via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Although the SITE may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Lillee Jean Trueman is under no obligation to do so, and assumes no responsibility or liability arising from the content of any such locations on the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You agree to not link from any other website to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.
We reserve the right to revoke your rights to this Site if you violate this policy. You agree to defend, indemnify and hold this Site and its directors, officers, employees, agents or content or service providers (collectively, “Protected Entities”) harmless from any and all claims, liabilities, costs, expenses, including attorneys’ fees, arising in any way from your use of the Site, your placement/transmission of any message, content, information, or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions.
VII. OFFICIAL SOCIAL MEDIA PROTOCOL
These guidelines constitute a formal and legally binding protocol established to ensure the maintenance of a secure, respectful, and constructive digital environment across all official communication channels administered by Lillee Jean, hereinafter referred to as "the Proprietor." The primary aim of the Proprietor's social media channels is to foster an atmosphere wherein our community can safely and freely engage in polite discourse, pose substantive queries, offer suggestions, and share constructive commentary. These platforms are fundamentally utilized as official digital extensions for the direct promulgation of the Proprietor's professional endeavors, including her creative works, cinematic projects, and official communiqués. All individuals engaging with these official platforms are respectfully mandated to demonstrate the utmost courtesy, kindness, and professional regard for every other member of the digital community.
Mandatory Guidelines for Engagement
To uphold this standard of communication and ensure a peaceful exchange between all participating parties, the following explicit guidelines are set forth. By initiating interaction with any of the Proprietor's official social media channels, the user formally agrees to be bound by and comply with all provisions of this protocol.
Contributions Submitted Must Not Include Material That:
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Constitutes spam or unsolicited commercial content (advertisements, promotions, or solicitations for services, goods, or campaigns).
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Is defamatory towards any person, is deliberately deceptive or misleading, or is otherwise obscene, offensive, threatening, abusive, hateful, or inflammatory in its nature or intent.
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Promotes sexually explicit material or advocates for violence or illegal acts. This explicitly prohibits the promotion of Artificial Intelligence (A.I.) usage in a sexual manner.
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Promotes or encourages impersonation attempts of any individual, including the Proprietor or any associated persons.
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Encourages or promotes discrimination based upon protected characteristics, including but not limited to, race, gender, religion, nationality, disability, sexual orientation, or age.
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Constitutes a breach of the governing Terms of Service, Community Standards, or policies set forth by the respective social media platforms upon which the channel operates.
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Involves the baiting, harassment, or deliberate provocation of other commentors, or any action intended to disrupt the peace and order of the community discussion sections.
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Attempts to vandalize or misuse official hashtag usage of the Proprietor (such as #LilleeJean), or employs coded language, veiled references, or euphemisms (e.g., 'Billie Jean,' etc.) intended to bypass moderation or disseminate malicious content.
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Constitutes mass repetition or volume-based abuse, specifically including the en masse submission of identical or disruptive characters, symbols, or emojis (e.g., repetitive 'vomit' emojis) designed to overload comment sections or impede legitimate communication.
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Infringes upon the Proprietor’s right of publicity, name, or likeness. All users are prohibited from utilizing the Proprietor’s identity, image, or personal details for any commercial gain, endorsement, or non-compliant purpose that is damaging to the Proprietor's reputation or intellectual property rights, without explicit prior written consent.
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Involves the creation or use of multiple, secondary, or "alternate" accounts for the purpose of circumventing a prior block, evading sanctions, or otherwise violating the spirit or letter of these established guidelines. The Proprietor reserves the right to immediately block any such detected accounts.
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Constitutes an infringement of intellectual property rights by the unauthorized capture, reproduction, or exploitation of the Proprietor’s visual and textual content. Content published on official channels, including but not limited to Instagram and YouTube, is not licensed for direct reuse, as all rights are expressly reserved. The use of screen grabs, screenshots, recordings, or any other method of digital exploitation of photographs, which feature the Proprietor (Lillee Jean), is strictly prohibited. The Proprietor asserts her rights against unauthorized content theft under all applicable international intellectual property treaties, including the Berne Convention, and reserves the right to pursue action against malicious and non-compliant usage across all jurisdictions.
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Constitutes unauthorized archival and reproduction of the Proprietor's content via third-party services. The use of services such as the Internet Archive (Wayback Machine) to create and maintain copies of the Proprietor’s channels or content is strictly prohibited, as this action directly infringes upon the Proprietor's exclusive Right of Reproduction under copyright law (e.g., U.S. Copyright Act, Title 17) and further violates the Proprietor's Right of Publicity by making the Proprietor’s likeness and copyrighted works available for long-term, uncompensated, and potentially injurious retrieval, which shall be pursued as a matter of law.
VIII. Enforcement and Legal
The Proprietor reserves the unqualified right, exercised at their sole discretion, to determine definitively whether any contribution to the social media channels constitutes a breach of these mandatory guidelines.
The Proprietor retains the following rights and remedies without limitation:
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The right to conceal, delete, or permanently remove any comment or contribution made on our channels that violates this protocol.
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The right to restrict, prohibit, or permanently block the access of any user who fails to comply with the terms of this protocol.
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The right to offer a measured and justified rebuttal or response where deemed necessary to defend the reputation, integrity, or position of the Proprietor or the channels.
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Any contribution deemed to potentially constitute an actionable offense or breach of law may be submitted immediately to the relevant law enforcement or regulatory authorities for full investigation, as deemed necessary by the Proprietor or as required by law.
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Furthermore, notwithstanding any statutory or common law immunities afforded to interactive computer service providers within any applicable jurisdiction (including, for illustrative purposes, provisions akin to 47 U.S.C. § 230 of the United States Code), such immunity shall not be construed to extend to or shield the individual user/contributor from direct liability for their own unlawful, defamatory, or injurious content. The coordinated pursuit of prohibited conduct across multiple digital platforms (inter-jurisdictional malicious activity) to sustain harassment, defamation, or other tortious interference with the Proprietor's business or personal affairs shall constitute an egregious and complete breach of this Protocol, against which the Proprietor explicitly reserves the right to pursue all available civil litigation, injunctive, and remedial actions under applicable international, federal, and common law principles, including the full recovery of damages in competent jurisdictions worldwide.
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The Proprietor explicitly reserves the right to pursue all available remedies, including the enforcement of the Digital Millennium Copyright Act (DMCA), and to seek monetary damages for all harm, loss, or expense incurred as a direct or indirect result of a user's breach of these terms.
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STIPULATED STATUTORY DAMAGES FOR WILLFUL INFRINGEMENT: Any violation of Section 2, Item 10, 12, or 13 of this Protocol, or any unauthorized access to the Site after receiving formal notice of restriction (i.e., Item 13 of the appended Prohibited Conduct List), shall be deemed an act of willful infringement under copyright and intellectual property law. The Proprietor is thereby entitled to seek the maximum statutory damages permitted by the U.S. Copyright Act (Title 17 U.S.C.) and other governing statutes, which may be awarded without proof of actual monetary loss or harm, and to pursue cumulative damages for each separate instance of infringement.
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MANDATORY JURISDICTION AND FORENSIC DATA DISCLOSURE: By using this Site or any affiliated social media channels, the user irrevocably consents to the personal jurisdiction of state and federal courts located in the State of New York, United States, for the purpose of resolving any dispute arising from a breach of this Protocol. In the event of unauthorized access or block circumvention (as defined in the appended Prohibited Conduct List), the user waives any right to resist discovery and agrees that the Proprietor is entitled to compel the immediate disclosure of any and all technical and forensic data necessary to identify the human or corporate entity behind the infringing IP addresses, proxy servers, or alternate accounts.
IX. ACCOUNT, DOWNLOADS, AND PURCHASES
Account and Security
You may be asked to create an account in the Site (“Account”) using a stand-alone registration or external social media login(s) (“Login”). You shall be entirely responsible for maintaining the strict confidentiality of any username or password administered to you through your Login for any access to or use of the Site by you or any person or entity using the username or password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent; and for all activities that are conducted through your Account. You expressly acknowledge and agree that LILLEE JEAN TRUEMAN assumes no responsibility or liability for your election to utilize any third-party login service (e.g., Google or similar external providers), and the security and governance of such third-party accounts remain solely your obligation. You agree to (a) ensure that you exit from your Account at the end of each session and (b) immediately notify SITE if you have any reason to believe an unauthorized use of your password or Account or any other breach of security has taken place. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your Account, and notify us when you desire to cancel your Account on the Site. LILLEE JEAN TRUEMAN will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Downloads and Intellectual Property Retention
In the event that you receive demos or other products downloaded from the Site or otherwise delivered or provided by SITE in response to your legal request, your use will be strictly subject to the terms of the license agreement that accompanies such downloads. Unless a specific, written license is expressly granted by LILLEE JEAN TRUEMAN, no permission is conferred to download, save, copy, or otherwise retain any films, photographs, visual content, or proprietary data. The unauthorized saving or reproduction of any such content, including films and photography, is strictly prohibited and constitutes the theft of intellectual property for profit, and will be pursued as a willful infringement under the full scope of Section II and Section III of this Protocol.
Disclaimer of Warranty and Limitation of Liability
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, LILLEE JEAN TRUEMAN AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH LILLEE JEAN TRUEMAN. OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY LILLEE JEAN SITE “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND LILLEE JEAN SITE OR ITS LICENSOR OR SUPPLIER.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LILLEE JEAN SITE OR ANY OF ITS PROTECTED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. These limitations of liability shall survive the termination or expiration of this agreement. Certain jurisdictions do not allow these limitations on liability for certain types of damages; as a result, the limitations of liability contained herein may not apply to you in whole or in part. The foregoing paragraph may not apply to a resident of New Jersey. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO LILLEE JEAN TRUEMAN FOR YOUR USE OF THE SITE.
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Applicable Laws. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
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Modifications to the Site and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features, or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. LILLEE JEAN TRUEMAN reserves the right to temporarily or permanently terminate your membership on the Site for any or no reason without prior notice.
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Notices and Contact Information. All notices required or permitted to be given under these Terms and Conditions must be in writing and shall be given by personal delivery, registered or certified mail, Federal Express, UPS or DHL, or other nationally recognized courier services which regularly track packages, to: LILLEE JEAN PRODUCTIONS PO BOX 640201, Bayside, New York 11364.
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Miscellaneous. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
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Dispute Resolution You and LILLEE JEAN TRUEMAN agree to arbitrate all disputes between you and/or its affiliates, except for disputes relating to the enforcement of LILLEE JEAN TRUEMAN or its affiliates intellectual property.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” [AND] “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LILLEE JEAN TRUEMAN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. The Terms and Conditions are solely governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and LILLEE JEAN TRUEMAN relating to the Sites must be resolved exclusively through binding non-appearance-based arbitration administered by JAMS, or in small claims court in New York, New York, USA, or in your county of residence if your claims qualify. In the event of a dispute, you or LILLEE JEAN TRUEMAN must send to the other party a notice of dispute, in writing, setting forth the name, address and contact information of the party giving notice, the facts of the dispute, and the relief requested. You may initiate proceedings by sending Us a Notice of Legal Dispute, to the address listed in the “Notices and Contact Information” above. We will send any notice of the dispute to you at the contact information we have for you. You and Site agree to try to attempt to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days. You and Site Administrators agree that a dispute will be heard before single a neutral arbitrator, whose decision will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. The arbitration proceedings shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures and Expedited Procedures, or JAMS’ Streamlined Arbitration Rules and Procedures, at the election of the party initiating the arbitration. In addition, you and SITE agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED, ONLY ON AN INDIVIDUAL BASIS. In no event shall any claim, action, or proceeding by you related in any way to the Sites be instituted more than one (1) year after the cause of action arose. If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in New York County, New York, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.











