By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (“ivymia.com”) have provided. If you do not wish to agree to the outlined terms and conditions (the “Terms of Use” or “Agreement”), please refrain from using the Site.
ivymia.com reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
The website provides an interactive online service operated by ivymia.com (herein referred to as “The website”) on the World Wide Web of the Internet (the “Web”), consisting of photos, information services, content and transaction capabilities provided by ivymia.com, and other 3rd parties, which are intended for entertainment purposes.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of ivymia.com, and shall not be responsible for any data lost while transmitting information on the Internet. While it is the objective of ivymia.com to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of ivymia.com, access to the Site may be interrupted, suspended or terminated from time to time. ivymia.com shall have the right at any time to change or discontinue any aspect or feature of the website including, but not limited to, deleting photos, editing content, hours of availability and equipment needed for access or use. Further, ivymia.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
We may change this Terms of Use at any time by posting the revised Terms of Use in the “Terms of Use” section of the Website. The revised Terms of Use is effective immediately when posted on the Website. It is the responsibility of each User to review the Website and the Terms of Use periodically to learn of any revisions to this Terms of Use. Your continued use of the Website after the effectiveness of such revisions will constitute your acknowledgment and acceptance of the terms of the revised Terms of Use.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. ivymia.com shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.
This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site are private property. All interactions on this Site must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without ivymia.com’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in ivymia.com’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site is strictly prohibited. End User shall not use this Site to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with ivymia.com. Violation of any of these herein terms may result in your access being blocked/deleted from posting any content on the site. You may be subject to prosecution to the fullest extent of the law.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of ivymia.com, its subsidiaries, affiliates and its 3rd party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER’S SOLE RISK. NEITHER ivymia.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, 3RD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE. THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT ivymia.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR 3RD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL ivymia.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ivymia.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY 3RD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. ivymia.com IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY ivymia.com. MOREOVER, ivymia.com RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, ivymia.com, DEEMS UNSUITABLE.
ivymia.com shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms, blogs, forums, tagging, reviews, picture comments and/or rating system that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by ivymia.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, ivymia.com shall have the right to remove any material that ivymia.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
End User acknowledges that all discussion for ratings, comments, bulletin board service, blogs, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. ivymia.com does not control or endorse the content, messages or information found in any Community, and, therefore, ivymia.com specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User posts to ivymia.com (whether in chat rooms, discussion groups, message boards, comments, reviews, blogs or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by ivymia.com as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants ivymia.com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information, see our Privacy Policy. All actions taken on the Facebook connect, or social graph application, including but limited to comments, tags, and likes, are subject to the Facebook privacy policies and terms of service.
By posting or uploading communications, photos or any other type of content on or through this Site, End User shall be deemed to have granted ivymia.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless ivymia.com, its affiliates and their respective directors, officers, advertisers, clients, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of this Site by End User.
ivymia.com may terminate this Agreement at any time. Without limiting the foregoing, ivymia.com shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which ivymia.com, in its sole discretion, considers being unacceptable, or in the event of any breaching by End User of this Agreement. The provisions of Sections 3, 5, 6, 7, 9, 10, 11, 12 will survive termination of this Agreement.
ivymia.com is a trademark of Global Innovations, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on ivymia.com are the property of their respective owners.