Read
This Terms of Use Agreement
Before Accessing Website.
Effective
Date: This Terms of Use
Agreement was last updated
on September 14, 2009.
This Terms
of Use Agreement (“Agreement”)
sets forth the standards
of use of Iteya.com (“Iteya”,
“Site”, or “we”)
for Registered household.
By using the Iteya.com website,
you (“Household”)
agree to these terms and
conditions. If you do not
agree to the terms and conditions
of this agreement, you should
immediately cease all usage
of this website. We reserve
the right, at any time,
to modify, alter, or update
the terms and conditions
of this agreement without
prior notice. Modifications
shall become effective immediately
upon being posted at iteya.com
website. Your continued
use of the Site after amendments
are posted constitutes an
acknowledgement and acceptance
of the Agreement and its
modifications. Except as
provided in this paragraph,
this Agreement may not be
amended.
1. Eligibility
Membership in the Site is
void where prohibited. This
Site is intended solely
for users who are eighteen
(18) years of age or older.
Any registration by, use
of or access to the Site
by anyone under 18 is unauthorized,
unlicensed and in violation
of these Terms of Use.
2. Household Account
All Household of this Site
shall receive a password
and an account. Household
are entirely responsible
for any and all activities
which occur under their
account whether authorized
or not authorized. Household
agrees to notify Iteya of
any unauthorized use of
Household’s account or
any other breach of security
known or should be known
to the Household. Household’s
right to use the Site is
personal to the Household.
Household agrees not to resell
or make any commercial use
of the Site without the
express written consent
of Iteya.
3.
Terms of Participation
Iteya.com allows only one
email address per Household.
Household will be credited
Iteya Points for signing
up, referring friends, and
shopping at the online merchants
affiliated with Iteya (“Affiliated
Merchant”). When Household
refers a friend, they will
be credited 2,500 Iteya
Points once their friend
earns 2,500 Iteya Points
from shopping at the Affiliated
Merchants. Household will not
be credited any points for
the referral if the friend
does not earn 2,500 Iteya
Points from shopping at
the Affiliated Merchants.
When Household makes a purchase
at one of the Affiliated
Merchants, they will be
credited points based on
their net purchase. The
net purchase is defined
as the total amount paid
to the Affiliated Merchant
minus tax, shipping, coupons,
gift certificates, gift
wrapping, returns, cancellations,
and transaction fees.
Iteya is not responsible
for the alteration, termination,
or withdrawal of any Affiliated
Merchant, or for any effect
on accrual of Iteya Points
caused by such alterations,
terminations, or withdrawals.
Iteya is not responsible
for the alteration or termination
of any coupon or special
at an Affiliated Merchant
site. It is Household's responsibility
to make sure that all coupons
are valid. If you choose
to use coupons and specials
that are not listed on the
Iteya site, we cannot guarantee
that you will be eligible
to receive Iteya Points
on your purchases.
Household agrees not to abuse
the Site in ways which may
be harmful to the interests
of Iteya.com, including,
but not limited to, attempting
to accrue Iteya Points or
spend Iteya Points in a
manner that does not comply
with the rules of Iteya
or intent of this Agreement.
Such activity may result
in the termination of your
account at Iteya’s
sole discretion.
Iteya reserves the right
to adjust your Iteya Point
balance with award reversals
for items returned or transactions
not completed or cancelled.
Continual returns and cancellations
may result in the termination
of your account at Iteya’s
sole discretion.
Iteya Points have no cash
value.
Rewards and the number of
Iteya Points needed to redeem
them are subject to change
at any time without notice.
Iteya Points will be subtracted
from Household's account once
the redemption order is
placed by the Household. Once
used to claim a reward,
Iteya Points will not be
reinstated to Household's account.
Iteya.com is not responsible
for lost or stolen rewards
once issued.
4.User
Content
Iteya.com is not
responsible for text, profiles,
blogs,or any other
materials you publish,
or display (“Post”)
on the Site (collectively,
“User Content”).
You may not post User Content
on the Site that you did
not create or that you do
not have permission to post.
You understand and agree
that we may, but not obligated
to, review the Site and
remove (without notice)
any User Content in its
sole discretion, for any
reason or no reason, including
User Content that in the
sole judgment of the Site
violates this Agreement,
Blog
Policy, or which might
be offensive, illegal, or
that might violate the rights,
harm, or threaten the safety
of users or others.
When you post User Content
on Iteya, you continue to
retain full ownership of
all of your User Content
and any proprietary rights
associated with your User
Content. By posting User
Content to the Site, you
hereby grant to Iteya an
irrevocable, perpetual,
non-exclusive, transferable,
fully paid, worldwide, sublicensable
license to use, reproduce,
publicly perform, publicly
display, modify, translate,
excerpt (in whole or in
part), and distribute such
User Content for any purpose.
If you choose to remove
your User Content, the license
granted above will terminate,
however you acknowledge
that the Site may retain
archived copies of your
User Content.
5.Modifications
and Interruption to Site
Iteya reserves the right
to modify or discontinue
the Site with or without
notice to the Household. Iteya
shall not be liable to Household
or any third party should
Iteya exercise its right
to modify or discontinue
the Site. Household acknowledges
and accepts that Iteya does
not guarantee continuous,
uninterrupted or secure
access to our website and
operation of our website
may be interfered with or
adversely affected by numerous
factors or circumstances
outside of our control.
6.Third-Party
Sites
Our website includes
links to other sites on
the Internet that are owned
and operated by online merchants
and other third parties.
You acknowledge that we
are not responsible for
the availability of, or
the content located on or
through, any third-party
site. You should contact
the site administrator or
webmaster for those third-party
sites if you have any concerns
regarding such links or
the content located on such
sites. Your use of those
third-party sites is subject
to the terms of use and
privacy policies of each
site, and we are not responsible
therein. We encourage all
Household to review the privacy
policies of third-parties’
sites.
7.Copyright
Information
All content included or
available on this site,
including site design, text,
graphics, interfaces, and
the selection and arrangements
there of is ©2009 Iteya.com
LLC, with all rights reserved,
or is the property of Iteya.com
and/or third parties protected
by intellectual property
rights. Any use of materials
on the website, including
reproduction for purposes
other than those noted above,
modification, distribution,
or replication, any form
of data extraction or data
mining, or other commercial
exploitation of any kind,
without prior written permission
of an authorized officer
of Iteya is strictly prohibited.
Household agree that they
will not use any robot,
spider, or other automatic
device, or manual process
to monitor or copy our web
pages or the content contained
therein without prior written
permission of an authorized
officer of Iteya.
8.Disclaimer
of Warranties
The site is provided by
Iteya.com on an “as
is” and on an “as
available” basis.
To the fullest extent permitted
by applicable law, Iteya.com
makes no representations
or warranties of any kind,
express or implied, regarding
the use or the results of
this web site in terms of
its correctness, accuracy,
reliability, or otherwise.
Iteya.com shall have no
liability for any interruptions
in the use of this Website.
Iteya.com disclaims all
warranties with regard to
the information provided,
including the implied warranties
of merchantability and fitness
for a particular purpose,
and non-infringement. Some
jurisdictions do not allow
the exclusion of implied
warranties; therefore the
above-referenced exclusion
is inapplicable.
9.Limitation
of Liability
ITEYA SHALL NOT BE LIABLE
FOR ANY DAMAGES WHATSOEVER,
AND IN PARTICULAR ITEYA
SHALL NOT BE LIABLE FOR
ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES, OR
DAMAGES FOR LOST PROFITS,
LOSS OF REVENUE, OR LOSS
OF USE, ARISING OUT OF OR
RELATED TO THIS WEB SITE
OR THE INFORMATION CONTAINED
IN IT, WHETHER SUCH DAMAGES
ARISE IN CONTRACT, NEGLIGENCE,
TORT, UNDER STATUTE, IN
EQUITY, AT LAW, OR OTHERWISE,
EVEN IF ITEYA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME
OF THE ABOVE LIMITATIONS
IS INAPPLICABLE.
10.
Indemnification
Household agrees to indemnify
and hold Iteya, its parents,
subsidiaries, affiliates,
officers and employees,
harmless from any claim
or demand, including reasonable
attorneys’ fees and
costs, made by any third
party due to or arising
out of Household’s use
of the Site, the violation
of this Agreement, or infringement
by Household, or other user
of the Site using Household’s
computer, of any intellectual
property or any other right
of any person or entity.
11.Termination
of Membership
Iteya.com reserves the right
to terminate any Iteya membership
if Iteya.com believes such
Household has failed to comply
with the rules of the Site
or intent of this Agreement.
Household understands and agrees
disabling of membership
will result in Household's
inability to redeem and/or
earn Iteya Points.
12.Governing
Jurisdiction of the Courts
of Nevada
Our website is operated
and provided in the State
of Nevada. As such, we are
subject to the laws of Nevada
and such laws will govern
this Terms of Use, without
giving effect to any choice
of law rules. We make no
representation that our
website or other services
are appropriate, legal or
available for use in other
locations. Accordingly,
if you choose to access
our site you agree to do
so subject to the internal
laws of Nevada.
13.Compliance
with Laws
Household assumes all knowledge
of applicable law and is
responsible for compliance
with any such laws. Household
may not use the Site in
any way that violates applicable
state, federal, or international
laws, regulations or other
government requirements.
Household further agrees not
to transmit any material
that encourages conduct
that could constitute a
criminal offense, give rise
to civil liability or otherwise
violate any applicable local,
state, national, or international
law or regulation.
14. Other Terms
If any provision of this
Terms of Use Agreement shall
be unlawful, void or unenforceable
for any reason, the other
provisions (and any partially-enforceable
provision) shall not be
affected thereby and shall
remain valid and enforceable
to the maximum possible
extent. You agree that this
Terms of Use Agreement and
any other agreements referenced
herein may be assigned by
Iteya, in our sole discretion,
to a third party in the
event of a merger or acquisition.
This Terms of Use Agreement
shall apply in addition
to, and shall not be superseded
by, any other written agreement
between us in relation to
your participation as a
Household. Household agrees that
by accepting this Terms
of Use Agreement, Household
is consenting to the use
and disclosure of their
personally identifiable
information and other practices
described in our Privacy
Policy.
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