Terms and Conditions
The following terms and conditions (these “Terms and Conditions”) contain important information regarding the use of ideeli services (the “Service(s)”), and are in addition to the terms and conditions of use contained in the ideeli Privacy Policy (the “Privacy Policy”), and Giveaway Official Rules, that govern your use of the ideeli web site (www.ideeli.com) (the “Site”) in general. Please read them carefully. All of the terms and conditions of use contained in the Terms and Conditions and Privacy Policy are deemed incorporated into these Terms and Conditions by this reference. These Terms and Conditions are a binding agreement between you and ideeli. They govern your use of and participation in the ideeli Service. If you do not agree to these Terms and Conditions, you should not use the Service or Site.
ideeli 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 ideeli Service is considered acceptance of these Terms and Conditions and any modified terms included therein.
You acknowledge that you are solely responsible for the equipment and Internet or cell phone access required to connect to the Site and the ideeli Service.
ideeli will use email to contact you in connection with various aspects of the ideeli Service. You acknowledge that ideeli will not be liable for any failure to deliver, or delays in the receipt of, any emails, as delivery is subject to effective transmission from your Internet service providers and other necessary providers.
1. Membership Registration Requirements
- Before being able to participate in the ideeli Service, you must register as a member of the Site (a “Member”) by providing ideeli 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). Members may not (i) activate or use more than one Member account; (ii) use a false or misleading address, or e-mail address to activate or use a Member account; or (iii) present or supply false or misleading information to any entity involved in the ideeli Service.
- Members agree to establish an account with ideeli, and provide the requested information.
- Only legal U.S. residents who have reached the age of majority in their state of residence may register and participate as Members.
- Member accounts are limited to one account per individual.
- 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. Members who have lost or forgotten their password should not register for another account. Instead, they should click “Forgot Your Password?” and enter the information requested. An account cannot be used or accessed by multiple persons. Any duplicate accounts are subject to cancellation.
- Members agree to comply with the Official Rules for any Giveaway in which they participate.
2. Membership; Termination and Cancellation
You understand and agree that your Membership in the ideeli Service is subject to and conditioned upon the following:
- Your continued adherence to these Terms and Conditions and any future modifications thereto. Failure to follow these Terms and Conditions, as well as the Giveaway Rules, constitute grounds for immediate termination of your membership without further notice at ideeli'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 ideeli Service or the Member portion of Site in any manner, or for any reason.
- Members may not knowingly allow a former Member whose membership has been terminated to use their accounts.
- ideeli reserves the right to periodically monitor Member's use of the ideeli Service 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.
- ideeli may, in its sole discretion, terminate or suspend any Member's Membership in and/or access to all or part of the ideeli Service and the Site for any or no reason, including, without limitation, breach of these Terms and Conditions, the Sale Rules or the Official Giveaway Rules, or taking actions that are inconsistent with the intent of these Terms and Conditions. ideeli 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 ideeli makes relating to termination or suspension of any Member's account shall be final and binding.
- You can cancel your membership via the web by visiting www.ideeli.com and clicking “my account” from any page. If you have any questions contact us at support@ideeli.com. Services are not pro–rated for cancellations during a billing period.
- Except as set forth above with respect to inadvertent charges, in the event that your account or subscription is terminated or canceled, ideeli will not refund any fees.
3. Member Conduct
- Members are responsible for maintaining the confidentiality of their username and password. ideeli 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 ideeli 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 ideeli. Members must immediately notify ideeli 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.
- Each Member is responsible for all usage or activity on their account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by Member or the result of Member authorizing a third party to use Member's username and password.
- Each Member agrees not to abuse the ideeli Service by conduct which is detrimental to the interests of ideeli. 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 ideeli Service or any affiliated program in any way; (d) present false or misleading information to ideeli; or (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 ideeli Service or the Site. Any Member suspected of engaging in any fraudulent, abusive, manipulative or illegal activity may have their account terminated, and the Member may be referred to appropriate law enforcement agencies if such action is deemed warranted by ideeli.
- 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. Member's Use of Discussion Services
ideeli 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, create a username, and have a password.
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, a ideeli official, 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 transmitted to or through the Site;
- Act in a manner that negatively affects other users' 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 inside 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 ideeli is not responsible for material submitted to ideeli or posted to the Site by users. ideeli does not pre-screen review or edit the Content posted by users. However, ideeli 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 ideeli's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. ideeli 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 ideeli. You agree to immediately notify ideeli 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 ideeli'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 ideeli or submitted to ideeli, including Content. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of ideeli, and ideeli does not support or endorse Content (including any Contribution, whether or not edited by ideeli 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 ideeli, including submitting or sending Content, a Contribution or other information or material to ideeli.com, you grant ideeli 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 ideeli 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 ideeli.
5. Member's Use of the Referral Program
ideeli may, from time to time, offer you the opportunity to earn access to special Sales or Giveaways or other benefits by referring friends to join ideeli (“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 ideeli, 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 ideeli subscribers. Referrals of existing ideeli subscribers 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.
- ideeli does not guarantee delivery time on any benefits earned, nor does it guarantee receipt of any benefits.
We reserve the right to modify or amend at any time these guidelines and the methods through which benefits are earned. We reserve the right to disqualify you at any time from participation in a Referral Program if you do not comply with any of these guidelines. All information collected from you in a Referral Program shall be subject to the ideeli privacy policy which can be found at http://www.ideeli.com/pages/privacy_policy.
6. Intellectual Property Rights
Your use of the ideeli service, and the site is under license; you will not obtain any ownership interest in any of the Services through these Terms and Conditions or otherwise. All content included on the ideeli Web site and delivered to members and visitors as part of the service is the property of ideeli, Inc., or its suppliers, partners and sponsors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ideeli, Inc., and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from ideeli, Inc. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the ideeli Web site, not to insert any code or product or manipulate the content of the ideeli Web site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. ideeli reserves the right to terminate your membership hereunder if ideeli, in its sole and absolute discretion, believes that you are in violation of this clause.
ideeli is a registered trademark of ideeli, Inc. The ideeli logo and ideeli.com, are trademarks or service marks of ideeli, Inc. The ideeli Web site, including but not limited to its graphics, logos, page headers, button icons and service names constitute trade dress of ideeli, Inc. The trademarks, service marks and trade dress of ideeli may not be used or reproduced without prior written approval from ideeli, Inc. and may not be used in connection with any product or service that is not affiliated with ideeli, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of ideeli, or in any manner that disparages or discredits ideeli. Other trademarks that appear on the ideeli Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ideeli. Any images of persons or personalities contained on the ideeli Web site are not an indication or endorsement of ideeli or any particular product or our service unless otherwise indicated.
7. Disclaimer of Warranties
ideeli 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 Service. ideeli disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. ideeli disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the services.
THE IDEELI SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE IDEELI SERVICE, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. IDEELI 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, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IDEELI AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE IDEELI SERVICES. IDEELI AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OBTAINED THROUGH THE IDEELI SERVICES. IDEELI AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE IDEELI SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE IDEELI SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE IDEELI SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE IDEELI 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.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL IDEELI OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE IDEELI SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF IDEELI OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE IDEELI SERVICES, FROM INABILITY TO USE THE IDEELI SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE IDEELI SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE IDEELI SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE IDEELI SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE IDEELI SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE IDEELI SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE IDEELI SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE IDEELI SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall ideeli 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.
9. General Provisions
- The ideeli Service, merchandise, sales, giveaways, services, 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.
- Information about products, services and/or activities on the Site is accurate to the best of ideeli's knowledge. ideeli is not responsible for errors and/or omissions with respect to such information.
- Each Member acknowledges and agrees that ideeli shall not be responsible nor liable for any agreements between a Member and any of the ideeli Service's affiliated companies with regard to items or services received by such Member as a result of receipt of an item, or such Member's participation in third-party promotions and/or other activities.
- Determination of any tax liability relating to an item is solely the responsibility of the Member.
- Personal nonpublic information that we gather from you in connection with the ideeli Service or otherwise will be governed by our Privacy Policy.
- ideeli may, in its sole discretion, change, suspend or discontinue any aspect of the ideeli Service and/or the Site at any time, including the availability of any service feature, links, database, or site content without notice, including, without limitation, should events beyond ideeli's control occur, such as: computer equipment or electronic data transmission failure, strikes, civil disturbances, acts of nature, acts of terrorism or acts of war. ideeli may cancel the ideeli Service in its entirety, at any time, for any reason, in its sole discretion, without notice. ideeli may also impose limits on certain features and services or restrict any Member's access to parts or all of the ideeli Service and Site without notice or liability.
- The ideeli Service and the Site may be interrupted from time to time, and may not always be virus or error-free.
- ideeli 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 ideeli 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 ideeli Service. ideeli is also not responsible for any damage to any Member's computer occasioned by participation in the ideeli Service or downloading of any information necessary to participate in the ideeli Service.
- Any sites linked to by ideeli Services are developed by people over whom ideeli exercises no control. Clicking on a link from the ideeli 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 ideeli assumes no responsibility for the content of any site linked to by the ideeli Service.
- The ideeli Services are made available for your personal, non-commercial use only.
- 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 laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ideeli 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 ideeli or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
