Terms and Conditions
Welcome to ideel! The following terms and conditions (these “Terms and Conditions”) govern your use of ideel services (the “Service(s)”) and the ideel web site located at http://www.ideel.com (the “Site”) in general. As part of the Services, ideel offers its Members the ability to purchase products (“Sales”) and also sponsors periodic giveaways (“Giveaways”). Please read these Terms and Conditions carefully. These Terms and Conditions are a binding agreement between you and ideel (“ideel” or “we”). If you do not agree to these Terms and Conditions, you should not use the Services or Site.
Some Services may have additional terms and conditions, including fees and charges, that apply to your use of those Services (“Supplemental Terms”). For example, if you wish to ship a product outside of the United States, you will be also bound by the terms and conditions of our international e-commerce partner, i-Parcel. To view i-Parcel’s International Terms and Conditions, please click here. The Supplemental Terms will be disclosed to you through a link or adjacent to the Service on the Site at the time it is offered. To the extent that there is any conflict between these Terms and Conditions and any Supplemental Terms, the Supplemental Terms will govern with respect to those Services. These Supplemental Terms are incorporated by reference into these Terms and Conditions, and any reference to the Terms and Conditions herein will also include all applicable Supplemental Terms.
ideel reserves the right to modify these Terms and Conditions, at any time, without notice, so it is important to check them periodically. Continued use of the Site and participation in the ideel Services is considered acceptance of these Terms and Conditions and any modifications which we make.
1. Membership Registration Requirements
- Before being able to participate in the ideel Services, you must register as a member of the Site (becoming a “Member” and creating an “Account”) by providing ideel with accurate, complete and updated registration information (including accurate name, address, e-mail address, wireless phone, and age as required by the Registration Form, and agreeing to these Terms and Conditions).
- As part of your account, you are required to provide us your email address and select a password to access the Site and Services (collectively, the “Account Credentials”).
- You agree not to (i) register for, activate or use more than one Account; (ii) use a false or misleading address or e-mail address to activate or use an Account; (iii) present or supply false or misleading information to any entity involved in the ideel Services; (iv) register for an account on behalf of an individual other than yourself, or (v) register for an account on behalf of any group or entity without such group or entity’s written authorization.
- Any duplicate accounts are subject to cancellation. Only legal U.S. and specified non-U.S. residents who have reached the age of majority in their state of residence or legal jurisdiction may register and participate as Members. Certain Services are only available to 1st Row Members. “1st Row Members” are those Members who are both U.S. residents and have submitted payment of all applicable services fees to us in order to access and/or view certain premium Services. 1st Row Membership is not available to International Members. As a 1st Row Member, prior to receiving the Services only available to 1st Row Members, you must submit an order to become a 1st Row Member, and you must pay all applicable fees, which are due and payable at the time of your order for the Services. You agree that you are not entitled to receive any Services as a 1st Row Member until we have received payment of such applicable fees.
2. Membership; Termination and Cancellation
You understand and agree that your Membership in the ideel Services is subject to and conditioned upon the following:
- Members must keep all Account information current at all times. Members may update their Account information by visiting the My Account section of the Site. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your use of the Site (or any portion thereof).
- Your continued adherence to these Terms and Conditions and any future modifications thereto. Failure to follow these Terms and Conditions constitute grounds for immediate termination of your Membership without further notice at ideel's sole discretion. Termination of your Membership will result in termination of all rights of access and use granted to Members including, but not limited to, any credits applied to your Account. In addition, Members whose accounts have been terminated may not access the ideel Services or the Member portion of Site in any manner, or for any reason.
- Members may not knowingly permit or allow any other person to use their account, including any former Member whose membership has been terminated.
- ideel reserves the right to periodically monitor your use of the ideel Services and the Site and may request at any time that a Member provide proof in order to verify the accuracy of information provided by the Member at the time of registration or anytime thereafter.
- ideel may, in its sole discretion, terminate or suspend any Member's Membership in and/or access to all or part of the ideel Service and the Site for breach of these Terms and Conditions, or taking actions that are inconsistent with their intent. ideel shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms and Conditions or intent of these Terms and Conditions. Any decision ideel makes relating to termination or suspension of any Member's account shall be final and binding.
- You can cancel your Membership at any time. Just contact us at firstname.lastname@example.org with the subject “Cancel Membership”. If you have any other questions you can also contact us at http://support.ideel.com go to “Ask a question” or “Live Help.”. Any fees for Services are not prorated for cancellations during a billing period.
- Except as set forth above with respect to inadvertent charges or as otherwise expressly provided herein, in the event that your membership, account or subscription is terminated or canceled, ideel will not refund any fees.
3. Member Conduct
- You may not transfer or share your Account Credentials with anyone, and you are solely responsible for maintaining the confidentiality of your Account Credentials. You agree to immediately notify us of any unauthorized use of your Account Credentials or any other breach of security. You are solely responsible for any and all use of your Account Credentials and all activities that occur under or in connection with your Account Credentials. You agree to be responsible for any act or omission of any users that access the Site under your Account Credentials, that if undertaken by you, would be deemed a breach of these Terms and Conditions, and that such act or omission shall be deemed a breach of these Terms and Conditions by you. You must not use your Account Credentials in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. You must not use the Site if it will violate any applicable law or regulation or any obligation (including contractual obligations) that you may have to a third party.
- Each Member agrees not to abuse the ideel Services by conduct which is detrimental to the interests of ideel. Without limiting the foregoing, Members shall not: (a) activate or use more than one Account; (b) use an automated system, device or program or other similar method to use the site or participate in Sales or Giveaways; (c) manipulate or interfere with the ideel Services or any affiliated program in any way; (d) present false or misleading information to ideel; (e) assist another individual or entity in conducting fraudulent, abusive, manipulative or illegal activity; or (f) restrict or inhibit any other Member from enjoying the ideel Services or the Site. Any Member suspected of engaging in any fraudulent, abusive, manipulative or illegal activity may have their Account suspended or terminated, and the Member may be referred to appropriate law enforcement agencies if such action is deemed warranted by ideel.
- Members may only access those portions of the Site specifically made available to Members and under no circumstances are Members permitted to use or attempt to use the Site or any portion thereof to violate its security or the security of systems accessible through it.
4. Orders and Payment.
In the event you make a purchase from us on the Site or through the Services (including but not limited to purchasing any gift cards or any other items), you will be required to provide ideel with your credit card billing information. You agree to pay for all charges accumulated by you on the Site. You acknowledge that you will have sole responsibility for all taxes, duties, customs tariffs, and other fees and charges relating to such order to the extent applicable (except those based on ideel’s net income), and you agree to pay all applicable amounts.
For Members within the U.S., any store credit(s) in your account will be applied first when you make a purchase. If a transaction exceeds the value or remaining balance of your store credit(s), the balance of the purchase price must be paid by you. You can view your store credit(s) balance at any time by visiting My Account at www.ideel.com.
In the event that certain Services require a recurring payment, you hereby authorize ideel to use the billing information on file to automatically bill you for such Services during the any renewal period. ideel will bill you on or about the first day of each renewal period. ideel reserves the right, at any time, to change the prices and billing methods for Services with notice, provided that all changes to ideel’s then-current rates will take effect no earlier than the first day of your next renewal period. You agree that no additional notice or consent is required before ideel charges your credit card for all amounts due and payable, unless otherwise required by law. Recurring payments do not apply to International Members.
You agree that in the event ideel is unable to collect the fees you owe ideel, ideel may take any steps it deems necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that ideel may collect interest at the lesser of one and a half percent (1.5%) per month or the highest amount permitted by law on any amounts not paid when due.
The information on this Site does not constitute a binding offer to sell products described on the Site. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the site are quoted in U.S. dollars and, for International Members, prices will be converted to the applicable foreign currency specified by the Member. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled by us, we will issue a credit to your credit card account. ideel reserves the right to limit the quantities of items which you, your family or any group seek.
ideel will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated. If no time period is indicated, delivery will be within 30 days for standard domestic shipments within the U.S. For International shipping, items will be delivered by our international e-commerce partner, i-Parcel, and an extended delivery timeline may apply.
In order to protect you and ideel from fraudulent transactions, you agree that ideel may provide your transaction-related information to a reputable third party organization to perform address verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address. ideel also reserves the right, at its discretion, not to ship items ordered or purchased on the Site to certain addresses. If ideel chooses not to ship an item, you will be notified and any charges to your credit card will be reversed, canceled, or refunded, as applicable for products we don’t ship. ideel reserves the right to co-operate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
It is the Members responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site.
5. Member's Use of Discussion Services
ideel provides, or may provide in the future, the ability to contribute material to various areas in the site (each such submission, a "Contribution"), including a capability to discuss items, a chat room, message board, newsgroup, or other interactive services (collectively, the "Discussion Services"). These are provided to you solely for entertainment purposes. In order to use them, you must register as a Member of the Site and use your Account Credentials to log-in.
Without limitation of the foregoing, you agree to not use the Site or Discussion Services to:
- Discuss Sale or Giveaway mechanics or methods, or encourage, inform or otherwise promote subversion or non-compliance of the Sale or Giveaway rules;
- "Stalk" another, or harm minors in any way;
- Impersonate any person or entity, including, but not limited to, an ideel employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content (as defined below) transmitted to or through the Site;
- Act in a manner that adversely affects other members' ability to engage in the Site or Discussion Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or Discussion Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Discussion Services or Sale and Giveaways, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- Upload, post, text, publish, e-mail, reproduce, distribute or otherwise transmit any a) information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; b) Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; c) Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); d) Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; e) unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation; or f) material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information.
- Harvest, collect or store information about the users of this Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that ideel is not responsible for material submitted to ideel or posted to the Site by users. ideel does not pre-screen review or edit the Content posted by users. However, ideel and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in ideel's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. ideel is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to ideel. You agree to immediately notify ideel of any unauthorized use of the Service or any other breach of security known or suspected by you.
Any or all Content on the Site may be purged periodically in ideel's sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by ideel or submitted to ideel, including Content. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of ideel, and ideel does not support or endorse Content (including any Contribution, whether or not edited by ideel or its designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
By communicating with ideel, including submitting or sending Content, a Contribution or other information or material to ideel.com, you grant ideel the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into an ideel feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to ideel.
6. Member's Use of the Referral Program
ideel may, from time to time, offer Members located within the U.S. the opportunity to earn access to special promotions, Sales or Giveaways or other benefits by referring friends to join ideel (“Referral Program”). International Members are not permitted to participate in ideel’s Referral Program. Participation in the Referral Program may require you to submit personal information about you and your friends, such as name and email address. By participating in a Referral Program, you agree to receive communications from ideel, and/or from our trusted partners that operate and maintain the Referral Program, with regards to your participation in the Referral Program. The following guidelines shall apply to your participation in any Referral Program:
- You may not participate in a Referral Program where doing so would be prohibited by any applicable law or regulations.
- Your eligibility to earn benefits will be based on your ability to make referrals that result in new ideel subscribers who makes at least one completed [shipped] purchase, excluding gift cards. Referrals of existing Members or anyone who previously was a member will not count towards your eligibility to earn benefits.
- Credit for referrals can only be given out for those referrals who participate using the unique referral link.
- You may not use spam to obtain referrals. You may not acquire referrals through unsolicited email to persons unknown to you or through Usenet or message board postings, where the postings are unrelated to the topic of discussion or otherwise violate the terms of the site.
- ideel does not guarantee delivery time on any benefits earned, nor does it guarantee that the Referral Program or any particular benefits will in fact be offered. Enrollment as a member or participation in any Referral Program does not assure success or guarantee that any particular benefit(s) will be earned.
7. Intellectual Property Rights
Your use of the ideel Services, and the Site is an access right; you will not obtain any ownership interest in any of the Services through these Terms and Conditions or otherwise. All Content included on the Site and delivered to Members and visitors as part of the Service is the property of ideel or its licensors, suppliers, partners and/or sponsors and is protected by United States and international copyright laws. The compilation of all Content on this Site is the exclusive property of ideel and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from ideel. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. ideel reserves the right to terminate your membership hereunder if ideel, in its sole and absolute discretion, believes that you are in violation of this clause.
ideel is a registered trademark of ideel. The ideel logo and ideel.com, are trademarks or service marks of ideel. The Site, including but not limited to its graphics, logos, page headers, button icons and service names constitute trade dress of ideel. The trademarks, service marks and trade dress of ideel may not be used or reproduced without prior written approval from ideel and may not be used in connection with any product or service that is not affiliated with ideel, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of ideel, or in any manner that disparages or discredits ideel. Other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ideel. Any images of persons or personalities contained on the Site are not an indication or endorsement of ideel or any particular product or our service unless otherwise indicated.
8. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures.
ideel reserves the right to terminate the right to use the Site by anyone who infringes the copyrights of another.
If you believe that any material has been posted via the Site in a way that constitutes copyright infringement, and you would like to bring this material to ideel's attention, you must provide ideel's DMCA Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The contact information for ideel’s DMCA Agent for notice of claims of copyright infringement is:
ideel Attn: Copyright Agent 620 8th Ave, 45th Floor, New York, New York 10018
9. Disclaimer of Warranties
You acknowledge that you are solely responsible for the equipment and Internet or cell phone access required to connect to the Site and the ideel Services. ideel disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material provided by the Site or Services. ideel disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any Content, information or material. ideel disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the services. ideel is not responsible for unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; online failures; hardware, software or other technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting or corrupting the ideel Service in any manner including without limitation, Members ability to participate in a Giveaway, receive notifications, enter Giveaways, purchase items, or any other function of the ideel Services. The ideel Services and the Site may be interrupted from time to time, and may not always be virus or error-free.
ideel has no control over the Internet and cannot prevent the interception of messages by unauthorized parties or guarantee that such unauthorized parties may not be able to decrypt encrypted messages. Accordingly, under no circumstances will ideel be responsible for any loss or damage incurred by any Member as the result of unauthorized interception or decryption of information transmitted to or by ideel. Members must immediately notify ideel of any known or suspected unauthorized use(s) of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password.
ideel is not liable or responsible for the character, quality, performance, quantity, size, color, merchantable quality, or fitness for a particular purpose of any product acquired by you or on your behalf from ideel. The warranty coverage for a product, if any, will be limited to the coverage offered by the manufacturer of the product. THE IDEEL SERVICES, SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR OBTAINED THROUGH THE IDEEL SERVICES, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. IDEEL AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IDEEL AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE IDEEL SERVICES. ANY INFORMATION, SERVICES OR GOODS OBTAINED THEREFROM OR ADVERTISED THEREON YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL OR DATA THROUGH OR FOR THE USE OF THE IDEEL SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL IDEEL OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE IDEEL SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF IDEEL OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY MEMBER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE SERVICES WITH RESPECT TO SUCH CLAIM; OR (II) FIVE DOLLARS (U.S. $5.00). NOTWITHSTANDING THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US FOR USE OF THE SITE OR SERVICES; OR (B) FIFTY DOLLARS (U.S. $50.00).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
Without limiting the foregoing, under no circumstances shall ideel or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. ideel may change or suspend features on the Site or the Services as a result of such events.
You agree to indemnify, defend and hold harmless ideel, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (a) any Content that you post, email or otherwise make available on the Site or through the Services, including any information you provide to us as part of the Referral Program; (b) your use of the Site or Services; (c) any purchase of Sales, or receipt of a Giveaway, including, but not limited to, the payment of any taxes associated therewith; (d) your violation of these Terms and Conditions; (e) your violation of any rights of any other person or entity; or (f) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.
The communications between you and us use electronic means, whether you visit the Site or send us emails, or whether we post notices on the Services or communicate with you via email. This Section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms and Conditions. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email address so that you continue to receive all Communications without interruption.
14. Copyright Violations
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site or the Services;
- 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 copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
For notice of claims of copyright infringement on the Site or Services, you can send an e-mail to our Copyright Agent at email@example.com.
15. General Provisions
- The ideel Services, merchandise, Sales, Giveaways, offers and activities are void where prohibited by law. Items pictured on the Site may not necessarily reflect exact colors of actual items due to printing variations and/or manufacturer's variations. We do our best to display the colors as accurately as possible.
- ideel may also impose limits on certain features and services or restrict any Member's access to parts or all of the ideel Service and Site without notice or liability.
- Any sites linked to by ideel Services are developed by people over whom ideel exercises no control. Clicking on a link from the ideel site may result in viewing sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a link that you click on will not locate unintended or objectionable content, and ideel assumes no responsibility for the content of any site linked to by the ideel Service.
- The ideel Services are personal to you and made available for your non-commercial use only. These Terms and Conditions are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms and Conditions to anyone else and any attempted assignment or delegation is void.
- The laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Site may be subject to other local, state, national and international laws and regulations. You expressly agree that exclusive jurisdiction for any claim or dispute with ideel or relating in any way to your use of the Site resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, in connection with any such dispute and including any claim involving ideel or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
- You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.
- The paragraph headings in these Terms and Conditions, shown in boldface type, are included only to help make these Terms and Conditions easier to read and have no binding effect.
- Any delay or failure by ideel to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.
- No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
- These Terms and Conditions, including any Supplemental Terms, constitute the complete and exclusive agreement between you and ideel with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements.
- If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision of the Terms and Conditions will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions will continue in full force and effect.
16. PERIODIC GIVEAWAYS
We periodically offer Giveaways to Members located within the U.S. International Members are not permitted to participate in Giveaways. Each Giveaway is separate. Entry into one Giveaway does not constitute entry into any other Giveaway. The available prizes and entry dates for each Giveaway will be posted on the View Details page for that Giveaway. Other details and Supplemental Terms for each Giveaway will be available via link from the entry page and/or View Details page for the Giveaway. These Terms and Conditions will also apply to each Giveaway.
17. GIFT CARDS
ideel Gift Cards may be available for purchase for Members located within the U.S. via this Site. International customers are not permitted to purchase or use gift cards as a method of payment. Complete Supplemental Terms of the Gift Card program are available by clicking here. These Terms and Conditions will also apply to Gift Cards.
18. LOYALTY PROGRAM
Members can enroll in Ideelist, Ideel's loyalty program. Terms and conditions for Ideelist can be found here.
Updated March 2014