Terms of service | Itly

Terms of service

These Terms of Use ("Terms") govern your access, use and purchases made at Itly.com. By accessing our ("Network"), or any page where this notice appears in the footer, you agree to be bound by these Terms and any applicable website policies ("Rules"). If you do not understand or do not agree with these Terms, do not use our Network.

By accessing or using the Network, including purchasing any products through the Network, you understand, represent and agree: (1) to accept, be bound by and comply with these Terms of Use; (2) to comply with all applicable laws, rules and regulations concerning your access to and use of the Network; (3) that you have the right and ability to abide by these Terms of Use; and (4) you are over 18 years of age.

These Terms of Use are effective unless terminated by Itly LLC. ("Itly","Us", "We") reserve the right to modify this Agreement at any time. If we decide to make substantial amendments to these Terms, we will give you at least (7) days notice before these changes take place.

Summary of service

Itly.com is an ecommerce platform that offers various products and services to the ("Users") of our ("Network"). We may offer our Service using various content, including but not limited to, email, photos, videos, graphics, data, text and copyrightable work ("Content").

Registration

You must create an account at Itly.com in order to gain full access the services and functionality of the Website. You may never use another User’s account without prior permission. You are solely responsible for any activity that occurs on your account. It is vital that you keep your account password secure and do not share it with anyone. We will never ask you for you account password via email or telephone. If you believe that your account password has been compromised, please notify us immediately. We will not be liable for any losses caused by unauthorized use of your account.

Our Service is also accessible through the "Facebook Connect" service. In order to access this Service, you must have an active Facebook account. You also agree to be bound by all applicable Facebook policies if you wish to use this Service. If you decide to access the Service through Facebook Connect, we may require that your Itly.com user ID be the same and your user name for Facebook. You must also agree that by accessing our Service using Facebook Connect, all Facebook accounts used are exclusively owned by you, and not by any other entity or person.

By creating an account on Itly.com, you consent to us using the email address provided during registration in order to send you Service-related notices, including any notices that may be required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including by not limited to: special offers and changes in our Service. If you no longer wish to receive such email messages, you may opt out at anytime by changing the preferences in your account settings. Opting out may prevent you from receiving important information.

Intellectual Property

All copyright, trademarks and all other intellectual property rights in the Website and its content, including but not limited to the Website design, text, graphics and all software and source codes connected with the Website, are owned by or licensed to Itly LLC. or otherwise used by Itly LLC. as permitted by law.

By accessing the Network, you agree that you will access the Content solely for your personal, non-commercial use. None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

By submitting any Content, you grant Itly LLC. a free and unlimited license to publish such Content on the Website and to use it as permitted by law and you declare that you have previously obtained the prior consent of the copyright holder for this purpose prior of Submitting any Content.

If you believe that any Content published on the Website infringes your copyrights, trademark and/or intellectual property rights (the "IPRs"), please report it to us immediately at copyright@Itly.com

Your email must contain the following information: (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3) for more information)

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the IPRs interest;
  • a description of the protected work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website, sufficient for us to locate the material;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the IPRs owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the IPRs owner or authorized to act on the copyright owner's behalf.

If you believe that Content submitted by you has been removed or disabled by mistake, please email us at copyright@Itly.com. Your counter-notice must contain the following information: (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3) for more information)

  • a physical or electronic signature of the user of the Services;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.

Third Party Links

Our Websites may contain links to third-party websites, services, advertisers, offers, or other events that are not regulated by Itly.com. If you access third-party websites from our Network, please note that you are doing so at your own risk. Please also note that this Agreement and the Itly.com Privacy Policy do not apply to your use of such websites. Therefore, by using third-party websites, you expressly relieve Itly.com from any and all liability that may arise from the use of such websites.

Terms of Sales

All sales conducted on Itly.com are considered FINAL unless otherwise noted. Many products, however, do have a limited warranty from their manufacturer. Please see the individual product listing to know about the individual product’s return, exchange and warranty policy.

Violation Of These Terms Of Use

Any violation of these Terms of Use is considered a breech of contract, resulting in the immediate termination of your account and a possible ban from accessing our Network.

Disclaimer And Limitation Of Liability

The Website is provided on an AS IS AND AS AVAILABLE basis, without any representation or endorsement made and without any warranty of any kind, whether expressed or implied. To the extent permitted by law, Itly LLC. will not be liable for any indirect or consequential loss or damage whatsoever; this may include but is not limited to business, opportunity, data, profits, or any other consequence that may result from the use of our Service. We make no promise or guarantee that the Website will: (i) function error-free or without interruption; (ii) be corrected of eventual defects or errors; or that the Server in which our Website is hosted will be free of viruses or any other potentially harmful or destructive program. Nothing in the Terms and Conditions shall be construed to exclude or limit Our liability for death or personal injury caused as a result of the negligence of Itly LLC. or its employees and respective agents.

Indemnity

You agree to indemnify and hold harmless Itly LLC. and its subsidiaries, agents, mangers and other affiliated companies from and against any damages, losses, claims, costs, and expenses (including by not limited to any legal fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without any limitation, any Intellectual Property Rights; (iv) your violation of any applicable rule, law or regulation; (v) any other party’s access and use of the Service with your username or password.

Severence

If a Clause of the this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect.

International

Accessing the Service is prohibited from territories where the Content is illegal or not permitted. By accessing the Service from such locations, you are doing so at your own risk, and will be help responsible for the compliance of local laws and regulations.

Governing Law

You hereby agree that the Service shall be deemed solely based in the State of Florida. This Agreement shall be governed by the internal laws of the State of Florida, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Itly LLC. hereby consent to the exclusive personal jurisdiction of the courts of Miami-Dade County, Florida.

Credit Rules

Free Credits are granted at ITLY as sole discretion. Credits are loyalty or promotional discounts or credits offered by ITLY, and do not constitute an account, a payment instrument or other property owned by any ITLY member. Free Credits do not have a cash value, and you may only use Credits in connection with a qualifying purchase on the ITLY website. ITLY reserves the right to revoke your Free Credits if ITLY determines that you have engaged in fraudulent activity (e.g. inviting fake people to join ITLY etc.) or otherwise violated our Terms of Use, or if we terminate your membership. Referral credits expire 9 months after they are granted. Free credits are not transferable or sellable, are not gift cards, and cannot be used to purchase ITLY gift cards. ITLY reserves the right at any time without notice to you to change the terms applicable to the Free Credits, including expiration period and/or your ability to redeem existing Free Credits, ITLY does not impose any fee on your use of Free Credits. To see your Earned Credits click here.