Terms

Terms

Lily (“Lily”) respects the privacy rights of our online visitors, subscribers, members of our web site www.lily.camera and any affiliated website (the “Site”), and users of our online and mobile services (the “Services”) and is committed to protecting the personal information collected about you. To further this commitment, we have adopted this Privacy Policy (“Privacy Policy”) to guide how we collect, store, share, and use the information you provide us. By visiting or accessing our Site or Services, you are accepting the practices described in this Privacy Policy and our Terms of Use. For our information collection and use practices with respect to children under 13, please see our special children’s section below.

I. SCOPE OF THIS PRIVACY POLICY

This Privacy Policy applies only to information submitted and collected online through the Site, and does not apply to information that may be collected by Lily offline.

By using and submitting personal information, you signify your assent to this Privacy Policy. Lily reserves the right, at any time and without notice, to add to, change, update or modify this Privacy Policy and our Terms of Use, simply by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site. Your continued use of any of our websites will signify your acceptance of these changes

II. INFORMATION COLLECTED
Personal Information

To obtain products and services offered via the Site, Lily may collect information about you, but only if you voluntarily provide it to us.

The types of personal information collected in conjunction with the activities listed above will vary depending on the activity. The requested information may include: (i) your name, (ii) mailing address, (iii) telephone number, (iv) email address, and, for those purchasing products online, (v) credit card information. We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. You may choose not to provide certain information, but in doing so you may not be able to take advantage of many of our features.

Use of cookies and other technology to collect information.

We automatically collect certain types of usage information when you visit our website or use our Service. When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information from your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service.

When you access our Service by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device, mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. We use or may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (e) diagnose or fix technology problems; (f) otherwise to plan for and enhance our Service; and (g) automatically update the Lily application on your mobile devices.

III. USE OF INFORMATION COLLECTED

Lily may use your Personal Information to send you information about our company or our features, products or services, or promotional material from some of our partners, or to contact you when necessary, unless you have instructed us otherwise.

Lily also may use your Personal Information for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users’ behavior, for product development, for content improvement, and to customize content and layout of the Site. Names, postal and e-mail addresses and phone numbers collected may be added to our databases and used for future calls and mailings regarding site updates, new products and services, upcoming events and the status of orders placed online.

Lily does not sell or rent your Personal Information to third-parties for marketing purposes without your consent. Lily may share your Personal Information you provide with Lily subsidiaries and related companies. Lily may share Personal Information with business partners that assist Lily in providing you services. Lily is committed to giving you the choice whether or not Lily uses your information for marketing purposes or shares information with business partners.

We may also share your personal information in the instances described below. Consider your own privacy and personal safety when logging in to our Service and sharing your information with anyone. Other companies owned by or under common ownership as Lily, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy; Third party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include content or service fulfillment, or providing analytics services; The public and other members of the Service at your request. Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. To change your privacy settings on the Service, please change your profile setting. Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information; Other parties in connection with any company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; and Third parties as required to (i) satisfy any applicable law, regulation, subpoena/court order, legal process or other government request, (ii) enforce our Terms of Use Agreement, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third party claims or allegations, (iv) protect against harm to the rights, property or safety of Lily, its users or the public as required or permitted by law and (v) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.

IV. “DO NOT TRACK”

Although we do our best to honor the privacy preferences of our customers, we are not able to respond to Do-Not-Track signals from your browser at this time. As discussed above, we track website usage information through the use of cookies for analytic and internal purposes only. Because we do not collect this information to track you across websites over time, your selection of the “Do Not Track” option provided by your browser will not have any effect on our collection of cookie information for analytics or internal purposes.

V. CHILDREN’S PRIVACY

Lily’s website and services are intended for use strictly by adults. We do not knowingly solicit or collect personal information from children under the age of 13. If we learn that any personal information has been collected from a child under 13, we will delete the information as soon as possible. If you believe that we might have collected information from a child under 13, please contact us at legal@lily.camera.

VI. SAFEGUARDS

Lily maintains commercially reasonable safeguards that ensure the security, integrity, and privacy of the personal information we collect and store about our account holders. Personal information collected by Lily is stored in secure operating environments that are not available to the public and that are only accessible by authorized employees. In addition, our online store uses industry-standard encryption to prevent unauthorized electronic access to sensitive financial information such as your credit card number. We also have security measures in place to protect the loss, misuse, and alteration of the information under our control (i.e., maintain data quality). Before we allow web users to access their personal information, for example, we verify their identity by requesting that they submit information such as their username and password. We also take reasonable steps to ensure that third parties to whom we transfer personal information provide sufficient protection of such data. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Lily, at all times. However, Lily cannot ensure or warrant the security of any information you transmit to Lily or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the Lily Service, such as social networks. Lily is not responsible for the functionality or security measures of any third party. Compromise of information: In the event that any information under our control is compromised as a result of a breach of security, Lily will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

VII. LINKS TO THIRD PARTY SITES

You should be aware that the Site may from time to time contain links to third-party web sites. Lily is not responsible for the privacy practices or the content of such web sites. If you are concerned about the privacy policy of a certain third party, we recommend that you read the privacy policy of the website to which you link before you submit any personal information.

IX. ACCESS TO MY PERSONAL INFORMATION

If you want us to remove your Personal Information from our list or would like to access information that was collected, please contact us using the contact information provided below.

X. CONTACT US

If you have any questions, complaints, or comments regarding this Privacy Policy or our information collection practices, please contact our Privacy Policy Administrator through one of the following ways:
Email: legal@lily.camera , legal@mota.com
Phone: +1(408)370-1248
Mail: Mota Group Inc, PO BOX 1116, Campbell, CA 95009
Privacy: Mota Group, Inc , Attn: Policy Administrator, PO BOX 1116, Campbell, CA 95009

These Product Purchase Terms and Conditions (the “Terms and Conditions”) apply to the purchase of products (the “Products”) manufactured and sold by Lily (“Lily”), a division of Mota Group, Inc, a United States corporation. The purchaser of the Products (the “Purchaser”) agrees to be bound by these Terms and Conditions.

 

Warranties:

Lily Warranties That The Products Will Be Free From Material Defects At The Time Of Delivery. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THESE TERMS AND CONDITIONS.

This warranty applies only to Products manufactured by Lily. To the extent there is a defect in a component that is manufactured by a third-party, Lily will pass-through the applicable manufacturer’s warranty.

Returns:

If Purchaser believes that a Product purchased by Purchaser is defective, Purchaser may return the Product within 14 day of the date of purchase. Prior to return of the Product, Purchaser must obtain a RETURN AUTHORIZATION NUMBER by contacting Lily at:

support@lily.camera

No Product will be processed without a RETURN AUTHORIZATION NUMBER. Purchaser agrees to pack the Product carefully and return it to Lily, freight prepaid, together with an explanatory note and the RETURN AUTHORIZATION NUMBER. The returned Product must be in the original package and free of any defect or damage caused by shipping.

If Lily finds that the Product is defective and that the Product was returned within 30 days of purchase, Lily shall, at its sole option, either refund the purchase price, repair the defect, or replace the Product. In the event of repair or replacement, Lily will pay return costs for ground shipping. If Lily reasonably determines that the Product is not defective or was not returned within 30 days of purchase, Lily will contact Purchaser and will arrange for reshipment to Purchaser at Purchaser’s cost, plus a handling fee equal to 15% of the Product purchase price. If Purchaser declines to pre-pay such shipping and handling costs, Lily shall be under no obligation to return such non-defective Product.

Liability:

Lily assumes no liability for damage or injury associated with the use of the Products. Lily does not guarantee error-free behavior of the Products, including without limitation electronics, power packs or software.

Liability for adjustments:

Purchaser is responsible for adjustments to the UAV Products to suit personal preferences.

Liability for damages:

Purchaser assumes all liability for damages to property or persons caused by use by Products.

Liability for improper use:

Purchaser assumes all liability for improper use of the Products.

Insurance:

It is recommended that Purchaser not fly UAV Products without purchasing liability insurance. This helps cover costs in the event that persons are hurt or property is damaged as a result of your use of UAV technology. In general, model aircraft are not covered by standard liability insurance.

Assumption of Risk:

Purchaser will assume all risk and determine the suitability of the Product for his or her intended use. Anyone injured or any property damaged by use of the Product purchased by Purchaser is the sole responsibility of the Purchaser.

IN NO EVENT SHALL LILY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATED TO THE USE OF PRODUCTS SOLD, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.

INDEMNITY:

PURCHASER HEREBY INDEMNIFIES, DEFENDS AND HOLDS HARMLESS LILY AND ITS AGENTS, REPRESENTATIVES AND EMPLOYEES FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES ACTUALLY INCURRED) ON ACCOUNT OF DEATH OR INJURY TO ANY PERSON OR DAMAGE TO ANY PROPERTY ARISING FROM OR IN CONNECTION WITH ANY PRODUCTS PURCHASED BY PURCHASER, EXCEPT TO THE EXTENT ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LILY. THIS INDEMNITY SHALL APPLY WITHOUT REGARD TO WHETHER THE CLAIM, DAMAGE, LIABILITY OR EXPENSE IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT.

Other Policies

Purchaser acknowledges that Purchaser has read and understands Lily’s Privacy Policy and Website Terms and Conditions at Lily’s website at www.lily.camera and parent company website www.mota.com .

General:

These Terms and Conditions (a) represent the entire and integrated agreement of the parties with respect to the subject matter hereof and supersede and replace any prior or contemporaneous agreement or understanding, (b) may only be amended by writing signed by the parties, (c) shall be governed by the laws of the State of California without regard to conflicts of laws, (d) shall be binding on the successors and assigns of the parties, and (e) in the event of any dispute hereunder, the parties agree and consent to exclusive jurisdiction in the state and/or federal courts located in the Northern District of California, County of Santa Clara.

These Product Purchase Terms and Conditions (the “Terms and Conditions”) apply to the purchase of products (the “Products”) manufactured and sold by Lily (“Lily”), a division of Mota Group, Inc United States. The purchaser of the Products (the “Purchaser”) agrees to be bound by these Terms and Conditions.

 

Warranties:

Lily warranties that the Products will be free from material defects at the time of delivery. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THESE TERMS AND CONDITIONS. This warranty applies only to Products manufactured by Lily. To the extent there is a defect in a component that is manufactured by a third-party, Lily will pass-through the applicable manufacturer’s warranty.

Order Processing:

The Next Gen Lily (2017) is production and available for shipment. Although Lily cannot guarantee any situation beyond its control including but not limited to shipping issues, strikes, weather conditions, or government regulations, it expects the orders processing and shipment begin shortly after you place your order. If there are any backorders we will try our best to notify you before checking out the item.

Returns:

After a Product has shipped, if Purchaser believes that a Product purchased by Purchaser is defective, Purchaser may return the Product within 14 day of the date of purchase. Prior to return of the Product, Purchaser must obtain a RETURN AUTHORIZATION NUMBER by contacting Lily at: support@lily.camera No Product will be processed without a RETURN AUTHORIZATION NUMBER. Purchaser agrees to pack the Product carefully and return it to Lily, freight prepaid, together with an explanatory note and the RETURN AUTHORIZATION NUMBER. The returned Product must be in the original package and free of any defect or damage caused by shipping. If Lily finds that the Product is defective and that the Product was returned within 30 days of purchase, Lily shall, at its sole option, either refund the purchase price, repair the defect, or replace the Product. In the event of repair or replacement, Lily will pay return costs for ground shipping. If Lily reasonably determines that the Product is not defective or was not returned within 30 days of purchase, Lily will contact Purchaser and will arrange for reshipment to Purchaser at Purchaser’s cost, plus a handling fee equal to 15% of the Product purchase price. If Purchaser declines to pre-pay such shipping and handling costs, Lily shall be under no obligation to return such non-defective Product.

Pricing Disclaimer:

Lily is not responsible for typographical, pricing, product information, advertising, or shipping errors. Advertised and Promotional prices and available quantities are subject to change without notice.

Liability:

Lily assumes no liability for damage or injury associated with the use of the Products. Lily does not guarantee error-free behavior of the Products, including without limitation electronics, power packs or software.

Liability for adjustments:

Purchaser is solely responsible for adjustments to the UAV Products to suit personal preferences.

Liability for damages:

Purchaser assumes all liability for damages to property or persons caused by use by Products.

Liability for improper use:

Purchaser assumes all liability for improper use of the Products.

Insurance:

It is recommended that Purchaser not fly UAV Products without purchasing liability insurance. This helps cover costs in the event that persons are hurt or property is damaged as a result of your use of UAV technology. In general, model aircraft are not covered by standard liability insurance.

Assumption of Risk:

Purchaser will, and hereby does, assume all risk and determine the suitability of the Product for his or her intended use. Anyone injured or any property damaged by use of the Product purchased by Purchaser is the sole responsibility of the Purchaser.

Limitation of Liability:

IN NO EVENT SHALL LILY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATED TO THE USE OF PRODUCTS SOLD, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. IN NO EVENT SHALL LILY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO PURCHASER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PURCHASER PAID TO LILY HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO PURCHASER. THIS AGREEMENT GIVES PURCHASER SPECIFIC LEGAL RIGHTS, AND PURCHASER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

INDEMNITY:

PURCHASER HEREBY INDEMNIFIES, DEFENDS AND HOLDS HARMLESS LILY AND ITS AGENTS, REPRESENTATIVES AND EMPLOYEES FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES ACTUALLY INCURRED) ON ACCOUNT OF DEATH OR INJURY TO ANY PERSON OR DAMAGE TO ANY PROPERTY ARISING FROM OR IN CONNECTION WITH ANY PRODUCTS PURCHASED BY PURCHASER, EXCEPT TO THE EXTENT ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LILY. THIS INDEMNITY SHALL APPLY WITHOUT REGARD TO WHETHER THE CLAIM, DAMAGE, LIABILITY OR EXPENSE IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT.

Other Policies

Purchaser acknowledges that Purchaser has read and understands Lily’s Privacy Policy and Website Terms and Conditions at Lily’s website at www.lily.camera. Lily’s Privacy Policy governs Lily’s Products as well as the Lily Service.

General:

These Terms and Conditions (a) represent the entire and integrated agreement of the parties with respect to the subject matter hereof and supersede and replace any prior or contemporaneous agreement or understanding, (b) may only be amended by writing signed by the parties, (c) shall be governed by the laws of the State of California without regard to conflicts of laws, (d) shall be binding on the successors and assigns of the parties, and (e) in the event of any dispute hereunder, the parties agree and consent to exclusive jurisdiction in the state and/or federal courts located in the Northern District of California, County of Santa Clara.

These Product Purchase Terms and Conditions (the “Terms and Conditions”) apply to the purchase of products (the “Products”) manufactured and sold by Lily (“Lily”), a division of Mota Group, Inc United States. The purchaser of the Products (the “Purchaser”) agrees to be bound by these Terms and Conditions.

Fly Safely

Please fly safely at all times. Under these Terms and Conditions, when you operate or fly a drone sold by Lily, you are responsible for the safety of yourself and anything nearby, including people, animals, and property.

Lily’s drones and unmanned aerial vehicle (UAV) products are not toys. Improper operation may cause serious injury and property damage. In case of improper use, a UAV can be dangerous. Lily does not guarantee error-free behavior of its drones and UAVs, including without limitation its electronics or software.

Under these Terms and Conditions you agree to operate your drone at all times in a safe, reasonable and prudent manner. You agree to use due regard for all elements that are part of drone operation, including your ability to safely operate the drone, the flight readiness of the drone and all devices associated with drone operation, and where you are flying, including environmental conditions, nearby people and potential obstacles.

Use at Your Own Risk

You agree to operate the drone and all associated accessories, including but not limited to computer software and apps, solely at your own risk. You are responsible for ensuring that all users of drones you purchase from us do so too.

The advice below is intended to help you stay safe and to help keep others safe. It necessarily cannot foresee every circumstance in which a drone may be operated.

Learn How to Fly Safely

Visit our FlySafely! page for tips on safe drone flight and a colorful downloadable poster to show others how to fly safely, too.

Two resources to help you know when it’s safe to fly in the U.S. are the FAA’s B4UFLY app for Android and iOS mobile devices, and the airspace map at Know Before You Fly.

www.mota.com/fly-safely-campaign

www.knowbeforeyoufly.org/air-space-map

 

Safe Flying

Do not operate the drone in a manner that may result in damage or harm to people, animals or property. Do not operate the drone when you are tired, distracted and/or under the influence of drugs or alcohol.

Follow all applicable laws and regulations that apply to drone operation wherever you intend to fly. You have a duty to be informed of and understand these laws and regulations.

Maintain a safe distance from people and animals at all times and do not fly over people or traffic. Maintain a safe distance from all potential obstacles such as trees, power lines, buildings, airports and aircraft flight-approach paths, birds, no-fly zones, and other restricted areas. Do not fly above 400 feet ground level, or at night, or beyond visual line of sight. Do not fly near emergency conditions such as fire, police or other first-responder activity. Follow the directions of civil authorities.

Pre-Flight Checklist

Conduct a thorough pre-flight check of all flight systems before every flight. This check includes ensuring the batteries in the drone, controller (dedicated or a mobile device) and any other device associated with drone operation are at their full rated power and in good condition before flight. Conduct periodic maintenance of the drone as outlined in the Owner’s Manual. Do not operate the drone if there is any visible damage to it.

New Pilots

Lily is not responsible for new or inexperienced drone operators and we are not responsible for drone operator training or any equipment used in, on, or with the drone or UAV products. UAVs involve complicated machinery that presupposes a basic knowledge of drone flight and flight commands. If you are unfamiliar with drone flight and flight commands, become informed about them and be able to competently execute flight commands before you operate the drone.