Terms of service
PLEASE READ THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY CAREFULLY!! BY USING THE PLATFORMS AND SR PRODUCTS, YOU INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY AND YOU AGREE YOU ARE AT LEAST 13 YEARS OF AGE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, DO NOT USE THE PLATFORMS OR THE SR PRODUCTS.
PLEASE BE ADVISED: These Terms and Conditions affect your legal rights. These Terms and Conditions contain an arbitration contract that requires the use of arbitration on an individual basis to resolve disputes rather than jury or any other court proceedings, or class actions of any kind. The arbitration agreement is set forth in the “Claim Resolution” section below.
- Privacy
- Changes
- Ownership
- License and restrictions
- Copyrights
- Trademarks
- Your content
- Third-party links
- Disclaimer of warranties
- Limitation of liability
- Sales of products
- Payment information
- Product warnings - Important!!!
- Assumption of the risk
- Indemnification
- Comments
- Confidential information
- International users
- Digital millennium copyright act notice
- Transfer of ownership
- Modifications to SR products
- Claim resolution
- Notices
- Mobile message service
- Subscription service
- General
PRIVACY
Our policies concerning the use of your personal information are set forth in our Privacy Policy, incorporated herein by reference (collectively hereafter, the “Privacy Policy”). By using the Platforms, you hereby waive and release ILYF from any claim or liability arising from or relating to collection, use, or disclosure of your personal information consistent with the Privacy Policy.
CHANGES
ILYF reserves the right, in its sole discretion, to change the Terms and Conditions and the Privacy Policy at any time. Please check the Site periodically for changes. If you use the Platforms after the posting of changes to the Terms and Conditions or Privacy Policy, you will be deemed to have accepted the revised Terms and Conditions and Privacy Policy.
OWNERSHIP
You acknowledge and agree that the Platforms, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom (collectively, “Our Content” or “ILYF Content”) are owned by ILYF or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of the Platforms (such as mobile applications, if any) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of SR and its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with SR’s ownership of the Platforms and Our Content, and that you gain no right, title, or interest in or to any of the Platforms or Our Content, except as stated in these Terms and Conditions or any executed written agreement between you and SR. In addition, except as expressly set forth in these Terms and Conditions, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of SR or any third party.
LICENSE AND RESTRICTIONS
Subject to the terms herein, you are hereby granted a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and make use of the Platforms and Our Content solely for your personal, non-commercial use only. This limited license does not include any commercial use or resale use of Our Content or any plagiaristic use of the Platforms or Our Content. You may not (i) modify, copy, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, license, transfer, sell or otherwise exploit for any commercial purposes any portion of the Platforms unless you obtain our prior written consent; (ii) access or attempt to access any systems or servers on which the Platforms are hosted or modify or alter the Platforms in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of our Content; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Platforms or any business being conducted involving the Platforms, including but not limited to by using any robot, “bot,” spider, crawler, engine, device, software, tool, routine, time bombs, logic bombs, viruses/worms, back doors, trap doors, undocumented passwords, trojan horses, or any other automatic device or manual process of any like or kind; overloading, “flooding”, “mailbombing” or “crashing” (collectively, “Harmful Code”) without our written permission, or engage in any activity which interferes with the proper working of or access to the Platforms or to any host or network); (v) attempt to reverse engineer, decompile or disassemble any of the technology used in making the Platforms available; (vi) attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access; (vii) access or attempt to access any system or servers on which the Platforms are hosted or modify or alter the Platforms in any way; (viii) upload or otherwise transmit files that contain Harmful Code; (ix) restrict or prevent any other user from using the Platforms or Our Content; (x) circumvent or disable any content protection system or digital rights management technology used; (xi) access or use any Platforms in an unlawful or unauthorized manner or in a manner that suggests an association with SR, unless you have executed an agreement with SR that allows for such activity, or (xii) negatively affect other users' ability to use the Platforms.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of Our Content solely for your own noncommercial use. Any other use of materials from the Platforms, including but not limited to, the modification, reproduction, distribution, republication, display or transmission of any of Our Content, without prior written permission of SR is strictly prohibited.
COPYRIGHTS
The Platforms and Our Content, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of SR and/or its licensors and are protected by patent, trademark, copyright and other intellectual property laws and may not be used except in accordance with these Terms and Conditions or with SR’s express written consent. Other than as necessary for your use of the Platforms in accordance with these Terms and Conditions, SR grants no other privileges or rights in Our Content to you, and you must keep intact all patent, trademark, copyright and other proprietary notices on Our Content. Any Content owned by SR’s licensors may be subject to additional restrictions. All rights are expressly reserved to SR and its licensors.
TRADEMARKS
All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Platforms or are displayed in connection with the SR Products are proprietary to SR or other respective owners that have granted SR the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of SR, and you may not remove or otherwise modify any trademark or other proprietary notices in or on the SR Products.
YOUR CONTENT
From time to time, users of the Platforms may submit to SR information, messages, suggestions, questions, comments, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “Your Content”). It is your responsibility to ensure that no portion of Your Content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. Our Content and Your Content shall collectively be referred to as “Content.”
By providing Your Content to SR, you hereby grant SR an unrestricted, transferable, sub-licensable, irrevocable, royalty-free and fully paid-up, worldwide, and perpetual license to copy, perform, reproduce, distribute, market, publicly display, make derivative works of, and otherwise use Your Content in connection with the Platforms and in any other form or media whatsoever, now known or later invented, throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from SR in connection with SR’s exercise of its license rights in and to Your Content you have provided to us through the Platforms. You acknowledge and agree that SR is under no obligation of confidence to you, and shall not be liable for any use or disclosure of Your Content. By submitting Your Content to SR on any of the Platforms, you represent and warrant that you own the copyright in Your Content or that you have a legitimate license to provide Your Content, including photographs or other audiovisual material, without any restrictions whatsoever.
In addition, you agree not to take any of the following actions: (i) submit or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ii) submit or transmit any Content that exceeds SR’s capacity limits or for which you do not own or have the necessary and appropriate rights; (iii) submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes; (iv) use the Platforms to threaten, defame, abuse, assault, stalk, harass or otherwise violate laws or the rights of any other person or entity, including, without limitation, rights of privacy or publicity; (v) publish, post, display, offer, or disseminate any unlawful, fraudulent, offensive, discriminatory, profane, obscene, unlawful, terroristic, violent, or hateful Content; (vi) collect, store, publish, post, sell, transmit, or disclose personal data about other users of the Platforms; (vii) violate, or encourage any conduct that would violate, any applicable law, rule or regulation; or (viii) monitor or copy the Content of the Platforms.
ILYF reserves the right to review Your Content and remove, delete, redact, or otherwise modify Your Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. ILYF has no obligation to display any of Your Content. SR reserves the right to disclose, at any time and from time to time, all or any portion of Your Content that ILYF deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal dispute process, or governmental request. ILYF shall have no liability arising from or relating to any of Your Content submitted to ILYF or displayed in connection with the use of the Platforms.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, the Platforms may contain links to other sites on the Internet that are owned and operated by third parties other than ILYF (the “External Sites”). However, even if the third party is affiliated with ILYF, ILYF has no control over these External Sites, all of which have separate privacy and data collection practices, independent of ILYF. ILYF has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such External Sites. Links to these External Sites, if any, are only for your convenience and therefore you access them at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties. Links do not imply that ILYF sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
DISCLAIMER OF WARRANTIES
Except for the limited warranty stated below the heading “SALES OF PRODUCTS,” the SR Products, including without limitation, any products, goods, services, Content, materials and other information made available via the Platforms, including External Links, are provided on an "AS IS," “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, and without representations or warranties of any kind, whether express or implied. To the fullest extent permitted under applicable law, SR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM HARMFUL CODE, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
ILYF does not represent or warrant that the Platforms, including without limitation the Content, information or any other materials offered or made available by ILYF or functions contained in the Platforms will be UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORMS OR THE SERVER THAT MAKES THE PLATFORMS AVAILABLE WILL BE FREE OF HARMFUL CODE. THE PLATFORMS ARE PROVIDED VIA THE INTERNET AND YOU ACKNOWLEDGE AND AGREE THAT ILYF DOES NOT OPERATE OR CONTROL THE INTERNET. AS SUCH, THE PLATFORMS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ILYF SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Furthermore, ILYF does not make any warranties or representations regarding the completeness, correctness, accuracy, adequacy, usefulness, timeliness, or reliability of any information made available on the Platforms. As a condition of your use of ILYF Products, you warrant to ILYF that you will not use any ILYF Products for any purpose that is unlawful or prohibited by these Terms and Conditions. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS TO BE ACHIEVED OR THE RESULTS, BENEFITS OR OUTCOMES THAT MAY BE OBTAINED THROUGH USE OF ANY SR PRODUCTS. YOU AGREE TO USE THE SR PRODUCTS AT YOUR SOLE RISK.
You will not hold ILYF or its third-party service providers, licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to or use of the Platforms, including without limitation any loss or damage to any of your computers or data, as the Platforms may contain Harmful Code or other limitations.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ILYF, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, PROVIDERS, THIRD PARTY PARTNERS, ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE, DISPLAY, TRANSMIT OR DELIVER OUR CONTENT, MATERIAL OR INFORMATION USED IN THE PLATFORMS OR SR PRODUCTS, OR THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOSS OF DATA OR INACCESSIBLE DATA, LOSS OF PRIVACY, BREACH OF DATA OR DATA SECURITY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR BUSINESS INTERRUPTION), OR ANY DAMAGES WHATSOEVER, EVEN IF SR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.