Terms & Condition
IF YOU CHOOSE TO ACCEPT THIS AGREEMENT BY CHECKING ON THE “I AGREE” BOX, YOU AGREED TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS IT IS PRESENTED TO YOU AS OF THE DATE OF SUCH ASSENT (THE “EFFECTIVE DATE”). NO CHANGES (ADDITIONS OR DELETIONS) TO THIS AGREEMENT WILL BE ACCEPTED BY ILLO’S PARTY TRAYS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS ON THIS AGREEMENT, YOU DO NOT HAVE ANY RIGHT TO USE THIS SITE NOR DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR OWN PERSONAL RECORDS.
By visiting this Site, You agree to the following:
1. Definitions. In addition to all other defined terms in this Agreement, the following terms have the following meaning:
(i) “ILLO’S PARTY TRAYS Server” means the computer software or hardware that serves and hosts the Site to users across the Internet; and
(ii) “User(s)” means You and any other end users gaining access to the Site through You.
2. Access; Conditions to Use of the Site.
2.1 Subject to all of the terms and conditions of this Agreement, ILLO’S PARTY TRAYS hereby grants to User a non-exclusive, revocable, and limited right to access and use the Site in strict compliance with this Agreement (“Access Right”). ILLO’S PARTY TRAYS reserves the right to suspend or revoke this Access Right at our discretion without notice. Notwithstanding the foregoing Access Right, ILLO’S PARTY TRAYS also has the right to change, suspend, or discontinue any (or all) aspects or features of the Site at any time, and from time to time, including the availability of any content or features on the Site. This Access Right granted to User under this Agreement will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason.
2.2 User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site, including, without limitation, Internet connections, modems, hardware, software, and long distance or local telephone service.
2.3 As a condition of Client’s use of the Site, User covenants to ILLO’S PARTY TRAYS that User will not use the Site for any unlawful purpose or for any purpose that is prohibited by this Agreement. User may not use the Site in any manner that could damage, disable, overburden, or impair the Site and any ILLO’S PARTY TRAYS Server, or interfere with any other party’s use and enjoyment of the Site. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
2.4 Notwithstanding any assistance that ILLO’S PARTY TRAYS may provide, the User assumes sole responsible for the uploading and updating of any of the User’s Content (if any) as may be available through the Site.
2.5 Without limiting the generality of the foregoing, User agrees to all of the following provisions: (a) User will not upload to, distribute or otherwise publish through the Site any data, information, messages, text, works, material or any other content, including, without limitation, any personal identifiable information related to the User (collectively, “Content”) that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable; (b) User will not upload or transmit any Content that would violate the rights of any party, would constitute or encourage a criminal offense, or would otherwise create liability or violate any local, state, federal or international law, (c) User will not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere; (d) User will not impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity; (e) User will not distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services or money, including junk mail and junk e-mail; and (f) User will not use the Site for purposes not authorized by ILLO’S PARTY TRAYS.
2.6 Without limiting the generality of the foregoing, User agrees to all of the following provisions: (a) Users are prohibited from violating or attempting to violate the security of the Site or ILLO’S PARTY TRAYS Server, including, without limitation,
(i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(iii) attempting to interfere with service to any user, host, or network; or
(iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (b) any violations of any system or network security (including, but not limited to, that of the Site or the ILLO’S PARTY TRAYS Server) may result in civil or criminal liability; and (c) ILLO’S PARTY TRAYS has the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. ILLO’S PARTY TRAYS also reserves the right to cooperate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any User and anything a User does with respect to the Site. By Client’s use of the Site, User authorizes ILLO’S PARTY TRAYS to take such action.
2.7 In the event the Site, now or in the future, allows User to upload, transmit, or otherwise contribute any Content to the Site, User hereby represents and warrants to ILLO’S PARTY TRAYS that User has the lawful right to distribute and reproduce such Content. Also, User is solely responsible for its conduct (and the conduct of its users) while using the Site, including, but not limited to, all Content in any folders or web pages (if any), or through any other transactions or interactions User generates, transmits, or maintains via the Site. ILLO’S PARTY TRAYS takes no responsibility for any such online distribution or publication by User or by any other party. ILLO’S PARTY TRAYS cannot and will not review every message or other Content that User or any other party may generate or post, and ILLO’S PARTY TRAYS is not responsible for the Content thereof.
2.8 In addition to any other right to terminate this Agreement, ILLO’S PARTY TRAYS hereby has the absolute right to immediately terminate, without warning, any account which it believes, in its sole discretion, breaches any of the provisions of this Section 2.
3. Copyrights and Other Intellectual Property Rights; Reservation of Rights.
3.1 ILLO’S PARTY TRAYS policy is to respect the copyright and intellectual property rights of others. ILLO’S PARTY TRAYS has the absolute right to (i) immediately terminate, without warning, all rights (including, without limitation, all Access Rights) of any Users who (in ILLO’S PARTY TRAYS determination) appear to infringe upon the copyright or intellectual property rights of others, and (ii) remove any Content from the Site that, in ILLO’S PARTY TRAYS determination, may infringe the copyright or other intellectual property rights of any third party.
3.2 This Agreement shall not be interpreted to transfer any rights in any intellectual property from ILLO’S PARTY TRAYS to any Users. ILLO’S PARTY TRAYS or its licensors shall solely own all inventions, patents, trademarks/service marks, logos, images, graphics, content, reports, analysis, data, formulae, processes, techniques, software, website designs, all other copyrights, and all other intellectual property provided in, or made available by using, or otherwise contained in, the ILLO’S PARTY TRAYS Site and otherwise provided in furtherance of this Agreement (collectively, “ILLO’S PARTY TRAYS IP Assets”).s
3.3 ILLO’S PARTY TRAYS IP Assets may not be used by User without the prior written permission from ILLO’S PARTY TRAYS, and then only with proper acknowledgement. Any rights not expressly granted herein to User are reserved to ILLO’S PARTY TRAYS. In addition to any other conditions on Client’s Access Right as set forth in this Agreement, Client’s Access Right is subject to the following additional conditions:
(i) User shall not modify, disassemble, decompile or reverse translate or create derivative works from any of the ILLO’S PARTY TRAYS IP Assets or otherwise attempt to derive any source code of the same or let any third party do the same;
(ii) no copyrighted material, content, or any other ILLO’S PARTY TRAYS IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast or otherwise used except as expressly stated either in such materials or in this notice without the express prior written permission of ILLO’S PARTY TRAYS (which ILLO’S PARTY TRAYS may or may not grant in its sole discretion);
(iii) User shall not remove, alter, cover or obscure any copyright notices or other proprietary rights notices of ILLO’S PARTY TRAYS or any other party placed on or embedded in the ILLO’S PARTY TRAYS IP ASSETS and shall otherwise retain all such notices on all copies of the same; and
(iv) use of any of the ILLO’S PARTY TRAYS IP Assets is prohibited unless User is an authorized User in good standing. Unauthorized use is a violation of copyright and other intellectual property rights and is actionable under law.
3.4 User agrees to keep strictly confidential all ILLO’S PARTY TRAYS IP Assets that have not been made publically available by ILLO’S PARTY TRAYS. User also acknowledges and agrees that the terms and conditions of this provision shall survive the cancellation, expiration or termination of this Agreement for any reason.
4.1 User agrees that: (i) if the User has any Content or any login or password associated with this Site, then User is solely responsible for maintaining the confidentiality of the same; and (ii) if the User has any login or password associated with this Site, then User (a) is solely responsible for all uses of its login and password regardless of whether these uses are authorized by User. Client, and (b) User will immediately notify ILLO’S PARTY TRAYS of any unauthorized use of the User’s login and password.
4.2 The Privacy Statement for the Site [https://dinewithillos.com/privacy-policy] are hereby incorporated into this Agreement by this reference and User hereby agrees to comply with the same at all times.
Client, as a User, will indemnify and hold ILLO’S PARTY TRAYS, its parents, subsidiaries, affiliates, officers, and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of the User’s access to the Site, use of the Site, the violation or other breach of this Agreement by the User, or the infringement by the User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.
6. Site Resources.
The Site may provide a wide variety of information, data, facts, and features (collectively, “SITE Resources”) for the User’s benefit. While ILLO’S PARTY TRAYS endeavors to provide the most current and accurate Site Resources as possible, the User acknowledges and agrees (i) the Site Resources may be general in nature, and may not apply to particular factual circumstances; and (ii) the Site Resources may contain errors and should not be relied upon or act as a substitution for independent investigation by the User. ALL SITE RESOURCES ARE PROVIDED “AS IS” AND SITE RESOURCES AVAILABLE THROUGH THIS SITE MAY BE SUPERSEDED AND/OR MAY INCLUDE INACCURACIES. ALSO, where a document CONTAINED AS A SITE RESOURCE IS OBTAINED FROM ANOTHER SOURCE, THEN the OTHER SOURCE (AND ITS WEBSITE) takes precedence. ILLO’S PARTY TRAYS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE, SITE RESOURCES AND ITS ILLO’S PARTY TRAYS SERVERS AT ANY TIME.
7. Links to Third Party Sites.
As a convenience to Client, the Site may now, or in the future, provide links to other Internet web sites that are not owned by ILLO’S PARTY TRAYS, and are not under our control (“Third Party Websites”). ILLO’S PARTY TRAYS does not control the Third Party Websites and is not responsible for the Content included in them including, without limitation, any subsequent links contained within a linked web site, or any changes or updates to a linked web site. Any reference from the ILLO’S PARTY TRAYS Site to any entity, product, service or information does not constitute an endorsement or recommendation by ILLO’S PARTY TRAYS. No Third Party Website is authorized to make any representations or warranties on our behalf. Your visit to any Third Party Websites are subject to the terms and conditions of such Third Party Websites, and not this Site’s Agreement. User should refer to each Third Party Website’s specific terms.
8. Disclaimer of Warranties; Disclaimer of Liability.
8.1 ILLO’S PARTY TRAYS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OR ACCURACY OF THE SITE RESOURCES CONTAINED IN THIS SITE. ALL SITE RESOURCES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ILLO’S PARTY TRAYS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, ILLO’S PARTY TRAYS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ILLO’S PARTY TRAYS DOES NOT WARRANT THAT THE SITE AND THE SITE RESOURCES ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT ILLO’S PARTY TRAYS Server MAKING THIS SITE AVAILABLE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
8.2 ILLO’S PARTY TRAYS SHALL NOT be liable for any special, indirect, INCIDENTAL OR consequential damages or any damages whatsoever resulting from INCONVENIENCE, OR loss of use, RESOURCES or profits, whether in an action of contract, negligence or other TORTIOUS action, arising out of or in connection with the use or performance of the site, or site resources made available through this Site, or any third party websites, EVEN IF ILLO’S PARTY TRAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Once User begins to use its Access Rights to the Site, ILLO’S PARTY TRAYS may modify this Agreement at any time and User will thereafter be bound by the version of this Agreement that is in effect at the time User visits the Site. Any use of the Site by User thereafter shall be deemed to constitute acceptance by User of the amendments.
In the event User, or anyone other using User’s privileges, violate the terms of this Agreement (as determined in ILLO’S PARTY TRAYS discretion), ILLO’S PARTY TRAYS reserves the right to take any action it deems appropriate, including, but not limited to, termination of this Agreement, including all Access Rights (as such term is defined in Section 2.1 above). In addition to any other right of ILLO’S PARTY TRAYS to terminate this Agreement, ILLO’S PARTY TRAYS further reserves the right, without notice, at any time, in its sole discretion, and for any reason, to terminate this Agreement, including all Access Rights. ILLO’S PARTY TRAYS is not required to provide mail or web page forwarding at termination.
If You Have Questions: If You have questions about this Agreement, then You should write to Us at firstname.lastname@example.org.