The following is a legal agreement between Iloveyoubills.com, LLC, ("ILYB," "we," "us," or "our") and "you," the user of this Site. By accessing, browsing or using this Web site ("Site"), you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site.
Your Use of the Site
ILYB hereby grants you a limited license to copy and use the materials, features, and services provided by ILYB on this Site (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or Site Materials or posting of Materials on other Web Sites is strictly prohibited.
The products, technology, or processes described or used on this Site may be the subject of intellectual property rights reserved by ILYB or other third parties. Except for the limited license granted above, nothing contained herein confers to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of ILYB or any third party.
Copyright Information
All of the Material available on the Site is copyright © 2012, ILYB, LLC or used under license. ILYB currently utilizes copyrighted materials from various individuals and entities. Copyright notices for such material are set forth wherever such licensed material appears on the ILYB Site.
Trademarks
Use of any Iloveyoubills.com,llcs trademarks as meta-tags for search engines is strictly prohibited.
ILYB has adopted the following Acceptable Use Policy in order to assure that its iloveyoubills are used in a lawful and appropriate manner. While ILYB does not ordinarily monitor the content of users' iloveyoubills, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service:
sending harassing, abusive, or threatening messages;
sending obscene or pornographic messages or images;
sending defamatory or libelous messages;
sending viruses or other harmful, disruptive, or destructive files;
attempting to steal passwords or credit iloveyoubill information;
sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
attempting to conceal or misrepresent the identity of the sender.
Violations of the ILYB's Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional iloveyoubills on the service. If the sender is a member of ILYB's subscription service, ILYB may disable the sender's account without compensation or refund. ILYB RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY ILYB TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
Spam
You may not use this Site to send online iloveyoubills to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. ILYB reserves the right to limit, in its sole discretion and without prior notice to you, the number of iloveyoubills or messages that you may send using the Site or the number of recipients to which you send such iloveyoubills or messages.
You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.
Links and Advertisements
ILYB may feature on its Site, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH ILYB, Iloveyoubills.com, LLC, Iloveyoubills.com, OR Iloveyoubills.com,llc. ILYB MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. ILYB WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY ILYB ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
There may be circumstances where access to this Site is provided by a link located at another Web site. Neither ILYB nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither ILYB nor its affiliates are liable for any damages or injury arising from the content of these other sites. Neither ILYB nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.
Using Your Own Content, Photos, or Images
ILYB may allow you to create your own iloveyoubills by uploading your own photos, artwork and other materials. If we do and you do so, you are subject to the conditions outlined in these Terms. When you upload photos or inages to the Site you are indicating that you own the photo or imILYBe or have full rights to its use. You are also indicating that the photos or inages you upload do not depict any obscene, pornographic, or illegal materials.
When you upload material to the Site and use it to create an eiloveyoubill, your material will be used for the transmission of your digital eiloveyoubill; however, we may also use such material in the course of performing testing, training or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so.
Photo iloveyoubills and Other Paper iloveyoubills
By purchasing photo iloveyoubills or other paper products, you are subject to the conditions outlined in these Terms. When you upload photos or inages to the Site you are indicating that you own the photo or image or have full rights to its use. You are also indicating that the photos or inages you upload do not depict any obscene, pornographic, or illegal materials.
You also agree that, by clicking the "Add to cart" button and clicking the box to approve your design, you accept the iloveyoubill as it appears on the screen. You also understand that ILYB takes no responsibility for misspellings, misalignment, typographical errors, or other user-generated errors.
Please note that Iloveyoubills.com is not meant to be a photo storagee service. As a result, we will not store photos for longer than 90 days, and we cannot guarantee the availability of photo storage, or of the quality or resolution of any photos we may have stored. Additionally, we may reduce the size or resolution of your photos in order to make them compatible with our processes. For more information about iloveyoubills.I loveyoubills.com practices with regard to photo storage, see the FAQ.
Mobile iloveyoubills
When you send a iloveyoubill via your mobile phone, standard messaging and data rates may apply. In addition, the recipient of your iloveyoubill may also be subject to messaging or data charges from their mobile carrier depending on their messaging plan.
By sending a iloveyoubill via mobile phone, you agree that you are the account holder or have the account holder's permission to send the iloveyoubill
In addition to the other restrictions and limitations contained in these Terms, ILYB is not responsible for failures in delivery of iloveyoubills via mobile phone as a result of any technical issues. For instance, ILYB is not responsible if your iloveyoubill is not delivered because:
the recipient declines delivery,
the recipient is on an unsupported carrier
the recipient's phone can not display video messages,
the recipient's plan does not provide for video messaging,
the recipient's carrier is unable to deliver messages to them,
the recipient's network connection is interrupted during message delivery, or
either your or the recipient's carrier does not support video messaging.
There may be other reasons for a delivery failure as well. ILYB will not give refunds for iloveyoubills that are not delivered due to technical issues that ILYB is not responsible for.
Search Engines and Social Media Sites/ILoveYoubills.com messages as links.
By using ILoveYouBills.com and this service you are able to use social media sites and sharing links to others to view, you are making every I love you bill you write viewable for anyone who has a link to every I Love You Bill you make. Changes to make I love you bills links. This is used for sharing in social media sites and makes all your I love you bills searchable by any search engines. Please use extreme caution and not put personal addresses phone numbers or other personal identifable information. Such as bank account or other financial information. It is your responsibility to use I love You Bills responsibly and remember to use descretion and please be advised too that your at your at your own risk by making I love you bills.
Contests
From time to time, ILYB may sponsor contests and sweepstakes on its Web Sites. Participation in such contests is entirely voluntary. ILYB does not condition access to any goods or services it offers on participation in any contest. If you elect to enter any such contest, your participation is governed exclusively by the contest rules available through the entry forms or in these Terms of Service. You agree to strictly abide by any and all contest rules. Any personally identifiable information you provide in conjunction with any contest becomes the property of ILYB and you hereby consent to receive special promotions and offers from ILYB and its advertisers, consistent with our Privacy Policy. In the event that you are awarded any prizes or other consideration, you give ILYB permission to use your name, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote ILYB, its products and services, and no additional consideration will be paid for such rights.
If you chose to send content through your applications on a per send basis, you may send the content you have purchased . Any subsequent sends, even of the same piece of content will require additional payment. There is no refund for per send content. For more information about our refund policy, please see our Terms of Sale. The refund policy for your application subscription (if any) is governed by the Terms of Sale.
Warranty Restriction; Limitation Of Liability.
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. ILYB IS NOT RESPONSIBLE FOR ANY FAILURE OF iloveyoubills SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER ILYB NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES ARE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF ILYB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU agree THAT ILYB AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER ILYB NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU agree TO HOLD HARMLESS ILYB AND ITS AFFILIATES AND PARTIES WITH WHOM ILYB HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
International Use
Neither ILYB nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Indemnification
You hereby indemnify, defend and hold harmless ILYB and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this agreement. You must cooperate as fully as reasonably required in defense of any such claim. ILYB reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement by ILYB
In the event ILYB determines, in its sole discretion, that you have violated these Terms, ILYB have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of iloveyoubills from our Site, or pursue any other remedies available to it under applicable law.
Governing Law
This agreement, and the respective rights and obligations of the parties hereto, are governed by and construed in accordance with the laws of the State of Ohio. Any dispute arising between you and ILYB will be submitted to binding arbitration in Denver, CO in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.
Updates to Terms
ILYB has the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
Privacy Policy
The terms of our privacy policy can be found by clicking here.
Digital Millennium Copyright Act Notices
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to ILYB's Designated agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SUPPORT, REPORTS OF ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated agent:
Name of agent Designated to Receive Notification Of Claimed Infringement:
Iloveyoubills Customer Support
Full Address of Designated agent to Which Notification Should be Sent:
Using the contact form located under contact us portion of the website.