Use of Copy-Righted material in your items: The use of copyrighted material in your auctions, including images, is expressly forbidden unless you are the owner of the copyright or you have permission from the owner of the copyright to use the material in your auction. With regards to Images: You may not use another persons image without their permission. With regard to catalog Text Descriptions: You may use published catalog (website or printed catalog) descriptions, as a reference, without the owners permission, but only if you use quotes and you give the owners name credit for the words. However, you may not use any Lily Auction seller's item description that is not in a published catalog without the owners permission, unless the owner is the hybridizer of the cultivar you are listing, again giving the hybridizer credit for their words. Referring to the hybridizers description is helpful to buyers but you must give the hybridizer credit.

Image Ownership: All images posted in all Lily Auction items will remain the property of the Image Owners. The Lily Auction does not claim ownership of any images uploaded by it's sellers unless the image owner has made a specific contract with the Lily Auction. However, once an image is uploaded, the seller is verifying that they are either the actual image owner, or that they have permission from the owner to use the copyrighted image being uploaded on the Lily Auction, and specifically under the conditions stated or implied in this agreement, and that copyrighted image owners understand that the Lily Auction has the right to publically display the images, worldwide, according to all format and policies stated or implied in the agreement. Please note that the copyright rules stated above apply to the use of all uploaded copyrighted images. In the event that a complaint is made that a seller has used a copyrighted image without the owner's permission, the burden of proof is on both the owner of the image and/or the seller. The seller also agrees that they incur total legal responsibility for any legal penalty, or for any alleged damages that may have been caused to the copyrighted owner. Any potentially unauthorized image may be removed from an item, at the discretion of an authorized Lily Auction administrator. Use of copyrighted images may be contested first by messaging the seller who has posted the images. If the seller does not remove the image or an adequate response is not received, please contact the Lily Auction immediately, by submitting one HELP DESK ticket for each Seller who is using your image/s without your permission, and we will contact the seller and open up an investigation.

Without limiting any other remedies, the Lily Auction may suspend or terminate your account if you are found to have engaged in fraudulent activity or activity that is deemed to be against the above rules, in connection with our site, or for any reason whatsoever, at the discretion of the Auctioneer.

Your Information: Your information includes any information you provide to us or other users during the registration, bidding or listing process, in any public message area or through any email feature (defined herein as "Your Information"). With respect to Your Information:

6.1 You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our Sips or other suppliers.

6.2 Your Information and your items for sale on the Lily Auction: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and (e) shall not link directly or indirectly to or include descriptions of goods or services that: (i) are prohibited under this Agreement; (ii) are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount; (iii) are concurrently listed for auction on a web site other than the Lily Auction or (iv) you do not have a right to link to or include. Furthermore, you may not post on our site or sell through our site any item that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation.

6.3 Solely to enable the Lily Auction to use Your Information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. the Lily Auction will only use Your Information in accordance with our Privacy Policy.

No Price Manipulation: Sellers may not manipulate the price of their item, either by using a shill (a secondary account or third party) or by bidding themselves.

System Integrity: You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Lily Auction site or any auction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.

Feedback: You may not take any actions which may undermine the integrity of the feedback system, such as: leaving positive feedback for yourself using secondary User IDs or third parties; leaving negative feedback for other users using secondary accounts or third parties (feedback bombing); or leaving negative feedback if a user fails to perform some action that is outside the scope of the auction (feedback extortion). If you earn a net feedback rating of -4 (minus four), your membership will automatically suspend, and you will be unable to list or bid. Also, you may never leave more than one 80 character feedback remark per transaction. Please review the Lily Auction Feedback Guidelines.

Because feedback ratings are not designed for any purpose other than for facilitating trading between Lily Auction users, you may not market or promote Lily Auction feedback in any venue, publication or web site, other than the Lily Auction.

You may not collect or publish any information regarding other Lily Auction users, including but not limited to user-feedback, usernames and users' identities.

Breach: Any user found to be in violation of this agreement will be considered to be in "Breach" of this contract . We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current auctions, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.

Privacy: Our then-current privacy policies, available at https://www.daylily.com/auctionfiles/privacy-policy.html, are incorporated herein by reference.

No Warranty: WE AND OUR SUPPLIERS PROVIDE THE LILY AUCTION WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

Limit of Liability: IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

General Compliance with Laws: You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.

No Agency: You and the Lily Auction are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Notices: Except as explicitly stated otherwise, any notices shall be given using the Contact Us Form  (in the case of the Lily Auction) or to the email address you provide to the Lily Auction, during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Lily Auction during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

General: This Agreement shall be governed in all respects by the laws of the State of Hawaii. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Disclosures: The services hereunder are offered by Michael Longo, located at P.O. Box 284504, Waikoloa, HI 96738. Fees for our services are described at https://www.daylily.com/auctionfiles/terms.hrtml. 

AMMENDMENTS:

Amendment 08/01/00: Item Suspension: The Lily Auction reserves the right to temporarily or permanently remove any item from the Lily Auction, for any reason whatsoever, and at it's own discretion, in the event that the item has brought up any complaint from another user.

Amendment 10/20/00: Keeping your contact information current: It is solely the responsibility of each user to keep your contact information current, including your email address. If you have moved to a new address or have changed your email address YOU ARE NO LONGER A VALID USER of the Lily Auction until you have updated your registration information. You may update your contact information using the Change Registration link at the bottom of the Lily Auction pages.  Any user who is found to have a dead email address or inaccurate contact information may be removed from the Lily Auction. Moreover, sellers are not responsible for items not delivered if buyer shipping address is not complete or correct in their registration file.

Amendment 12/7/00: Verification of Identity: If requested by the auctioneer, all users agree to verify their identity and contact information, including home and business phone numbers. If necessary the Auctioneer may request up to 2 mutually acceptable references that can verify the identity of the user. All information obtained from our users will be private and used only in accordance with our Privacy Policy.

Amendment 05/29/07 (ammended again on 03/19/10): Voiding a CLOSED Auction because of NON-PAYMENT or Refunds: Non-payment is a serious matter and can result in suspension of the bidder from the Lily Auction. It is important for Sellers to report non-payment in a timely manner for several reasons: 1) To get credit for the seller's fees, 2) To void the item so it can be listed again, and 3) To protect all sellers of the Lily Auction from bidders who would bid and then not pay. Please allow at least 10 days, after you have contacted your buyer, to receive payment.  If you do not receive payment within a reasonable amount of time, you may wish to void the auction and obtain credit for the seller's fees and leave negative feedback. If so, you must report non-payment within 10 to 30 days of auction close and use the "Support/Questions" link, the Lily Auction Support Form, to contact us regarding non-payment. In the event that the buyer does not respond to our emails and still does not pay the seller, the Lily Auction will refund the Calculated Charges (Closing seller fees) but only after neutral or negative feedback is left for the buyer. The Lily Auction cannot refund seller fees, for non-payment, after 60 days from auction close, or if not reported within 30 days of the bidders last bid.(In the case of Instant Buy items, the closing date is the bid date). Buyers are responsible for seller fees incurred by the seller if the buyer defaults on payment. In addition, if a buyer requests a refund for items won and there is no justifiable reason for the refund, the seller may deduct the seller fees from the refund. Sellers may wish to point buyers to this rule by giving them the following URL: https://www.daylily.com/auctionfiles/user-agreement.html#nonpay

Amendment 02/12/2019, USE OF CLOSED ITEMS SEARCH: Bandwidth is not free. The Closed Items Search is for members who are active Buyers and Sellers only. Members who are not active buyers or seller may be restricted from using this feature at the sole discretion of the administrator of this site.

Amendment 01/01/2020, SEED GERMINATION GUARANTEE: Germination of seeds depend on many factors. Seeds can lose viability over time: if they are stored improperly, if they are soft and squishy, if they are not germinated using good technique, or if they are exposed to deleterious conditions during shipping or during the seller's or buyer's posession. It is hard to know from looking at the seeds received, which seeds will sprout and which will not. So the question has now come up, what percentage of germination can a buyer expect from seeds purchased on the Lily Auction, and we have been asked to make a Lily Auction default policy regarding this matter. In the past we have depended on seller to determine their own policy regarding seed germination guarantee. However, many buyers expect 100% germination and we have run into disputes regarding the issue. A default Lily Auction policy has become necessary.

Here is the Lily Auction policy regarding what buyers can expect from seed sellers:
The default guaranteed seed germination rate for all seed sold on the Lily Auction after February 2, 2020, is 80% unless the seller has disclosed a different percentage in their item description or aboutME page. This means that if a seller lists 5 seeds, the buyer can expect seed germination of at least 4 of the seeds from the cross purchased. Seed sellers who want to insure that their customers are happy with their purchase, may state their own preferred guaranteed seed germnination percentage in their item descriptions, including 100%. Most seed seller also provide bonus seeds to make up for any possible seeds that may not germinate. As with other situations, it has been proven that the more a seller works to make their customers happy, the more repeat business they get and the better they do with their sales.

Added June 24, 2022 to clarify the statement "unless the seller has disclosed a different percentage in their item description or aboutME page": The policy of some sellers is to not refund for seeds that do not germinate. Usually, these sellers will replace or subsititute seeds that do not germinate. This policy must be stated in the Item Description or aboutME page prior to the buyer's bid or buy. Informing a specific buyer through the Lily Auction Messages is allowed but only for future bids or buys of that particular buyer, when there is no such policy stated in the Item Descroption or aboutME page.


Amendment 05/25/2023, SELLER MAY BLOCK A BIDDER AND REMOVE BIDS ON THEIR ACTIVE LISTINGS: Sellers may block a specific bidder from bidding on their items and if that Bidder is in their BLOCKED LIST, Sellers may remove member's bids on active items. This is totally up to the Seller's discretion and may be done for any reason whatsoever, but especially when Fraud is suspected. Do not bid for another person without first notifying the seller or the Lily Auction HELP DESK, that you are doing so or you may be blocked from bidding and selling on the Lily Auction as well.

THE LILY AUCTION RESERVES THE RIGHT TO REFUSE OR SUSPEND MEMBERSHIP FOR ANY REASON, BUT SPECIFICALLY IF THIS AGREEMENT IS BREACHED, AND AT OUR OWN DISCRETION.