PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS (A) AN ARBITRATION CLAUSE, (B) LIMITATIONS ON YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW, (C) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US, (D) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES AND (E) OTHER IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
IvyConnect, Inc., with offices at 175 Varick Street, Third Floor, New York, NY 10014 (“IVY” or “we”, “us” or “our”), establishing terms and conditions under which the user (“You”) will access and use the services and features available on IVY’s websites (each a “Service” and collectively, “Services”) currently located at www.ivy.com, www.ivyconnect.com, www.ivydate.com, www.ivygive.com, www.ivycard.com and www.ivysocial.com including all extensions of such URLs, subdomains and mobile versions thereof (the “Websites”). We may offer additional services or revise any of the Services, at our discretion, and this Agreement will apply to all additional services or revised Services.
We reserve the right to do any of the following at any time and will not be liable to You or any third party for so doing: (i) cease offering any of the Services, (ii) change any of the Websites, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, functionality, promotion, data on or feature of any of the Websites or the hours during which any of the Websites are available, or (iii) implement new fees or charges or change any existing fees or charges in connection with the use of any of the Websites or Services.
We offer certain paid Services (“Premium Services”), as set forth on the Websites. Subscription fees (“Fees”) for Premium Services are also set forth on the Websites. You may be required to pay Fees to access and use much of the functionality of the Services.
Your right to use the Websites and Services is limited in scope, revocable, personal, non-transferable and non-exclusive. Provided that You comply at all times with the terms of this Agreement, any additional terms and conditions, and subject to the limitations set forth herein, IVY will provide You with access to the Websites and Services for the duration of the Term (as defined below). You are responsible for obtaining any equipment and Internet service necessary to access the Websites and Services. You may use the Websites and Services for personal noncommercial use only. IVY will provide You with a login identifier and a password (“Login Credentials”). You shall be solely responsible for protecting Login Credentials from unauthorized use, and You are solely responsible for all activity that occurs under those Login Credentials. You may not authorize others to use Your Login Credentials, and You may not assign or otherwise transfer Your Login Credentials to any person or entity. You agree to notify us immediately if You believe that any of Your Login Credentials has been or may be used without Your permission so that appropriate action can be taken. We shall not be responsible for any loss or damage caused by, or expense incurred by You as a result of, Your failure to safeguard Your Login Credentials. You agree to request for only one Login Credentials and to create only one unique profile. In addition, Your use of the Websites and/or Services must be for bona fide relationship seeking purposes only and not for any other purpose, including without limitation, advertising, marketing, solicitation, research, reporting, generation of databases, or harassment.
You may not transmit to other users, communicate any content, send any links, or otherwise use the Websites and/or the Services to:(a) post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or which IVY considers in its sole discretion to be, defamatory, inaccurate, unlawful, harmful, threatening,abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;(b) sell or promote any products or services;(c) sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;(d) introduce viruses, time-bombs, worms, cancelbots, Trojan horses and/or harmful code on the Internet;(e) use scripts, bots, crawlers or other automated technology to access the Websites and/or Services;(f) spam, spim, phish, troll or similar activity;(g) display material that exploits children under 18 years of age;(h) post content that infringes or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;(i) promote, solicit or participate in multi-level marketing, pyramid schemes or any other scheme to defraud, swindle or deceive other users;(j) promote, solicit or participate in gambling or similar activity;(k) harass, embarrass or cause distress or discomfort upon another participant, user, IVY employee or representative, or other individual or entity, or publicize any of the information You obtain through the Services;(l) create a false identity or impersonate any other person, including but not limited to, a customer, supplier, expert, bulletin board leader, guide, host, IVY employee, representative, celebrity or public figure;(m) misrepresent affiliation, connection or association with any person or entity;(n) post or disclose any personally identifying information or private information about children or any third parties without their consent p(or their parent's consent in case of a child under 18 years of age);(o) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;(p) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with Your use of theSite, in any manner;(q) invade the privacy or violate any personal or proprietary right p(including, without limitation, intellectual property rights) of any person or entity; or(s) suggest, elicit, or encourage any illegal activity.
These are some, though not all, of the activities that may result in removal of Your content from the Websites and/or the termination of Your access and membership to the Websites and/or the Services. You agree to promptly report to IVY any violation of this Agreement by others. IVY reserves the right at all times to disclose any information IVY deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
IVY IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES OR TRANSMISSION OF ANY OTHER USER-GENERATED CONTENT SENT THROUGH IVY TO ANYONE OR POSTED PUBLICLY.
You assume all risk when using the Websites and/or Services, including but not limited to, all of the risks associated with any online or offline interactions with others, including dating and attending any IVY events or any other events sponsored by IVY in connection with the Services. You agree to take all necessary precautions when meeting individuals through the Websites and/or Services. IVY makes no guarantees, either express or implied, regarding the individuals You meet through the Websites and/or Services, the accuracy or completeness of the information they provide, the conduct of such individuals or the manner in which such individuals may use or misuse the information You provide.
If You purchase any Premium Services, You agree to IVY and/or IVY’s third party payment processor storing Your payment card information. You also agree to pay the applicable Fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. If You choose to cancel Your subscription as set out in Section 11(c), Your obligation to pay Fees continues through the end of the then-current Subscription Period. You also acknowledge that IVY’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Services. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.
All Premium Services subscriptions are offered for a one-year period (“Subscription Period”). You may choose to pay the Fees (i) in full in one payment when you register for the Premium Services, or (ii) in equal installments on a monthly basis. If You choose the monthly payment option, You agree to pay the monthly Fees every month for the Subscription Period. Subscription Periods are automatically renewed as set forth in Section 11(b).
When You register for Premium Services, You hereby authorize us to charge Your payment card for the Fees. We will charge Your payment card for the amount of the Fees immediately when You register. If You choose to pay for Premium Services on a monthly basis, You authorize us to charge You for the monthly Fees every month until the expiration of Your Subscription Period, subject to earlier termination and/or renewal as set forth herein, to the payment method You provided when You registered.
You agree to indemnify, defend and hold harmless IVY, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third-party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from Your use of the Websites, Services, Content, any information and/or content posted by You or using Your Login Credentials through the Websites and/or Services, Your violation of this Agreement, and Your infringement, or infringement by any other user of Your accounts, of any intellectual property or other right of any person or entity.
You will only use the Websites and Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Websites and/or Services are void where prohibited. To the extent that the Services are not legal in Your jurisdiction, You may not use the Services. The Websites and/or Services may not be used where prohibited by law.
If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Websites, please notify IVY’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For Your complaint to be valid under the DMCA, You must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that You claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit IVY to contact You, such as Your address, telephone number, and e-mail address;
5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
175 Varick Street, Third Floor
New York, NY 10014
United States of America