Terms of Sale and Refund Policy
These terms of sale govern your purchase of services from iAttachments.com ("iA"). When you register as a subscriber of iA, you agree to be bound by the Terms and Conditions, which are set forth below. These Terms and Conditions may be updated or changed from time to time and you should therefore check them periodically. If you do not agree, do not make any purchases on our site. By making available its content and services, iA will have fulfilled its obligation to provide or deliver its features and/ or services to you, regardless of your failure or your recipient's failure/inability to use these features or services.
Within seven (7) days from the date of purchase, the subscriber (or in the case of a gift subscription, the recipient) may cancel the service and receive a full refund, provided that they have not sent any iAttachments. The subscriber is thus able to familiarize themselves with the content and other features on the site. After seven (7) days, the sale of the subscription service is final. If the service is used (i.e. iAttachments are sent), then all sales are final. In the instance of the Support Our Troops free military gift subscription, there will not be a refund of money or its equivalent services to the subscriber or recipient. iA reserves the right in its sole discretion to cancel any subscription at any time (except where prohibited by law).
iA accepts major credit cards and debit cards accepted by its designated credit processor as forms of payment. By submitting an order on the iA site, you authorize iA's designated payment processor to automatically charge a purchase to the account you have specified. Your purchase becomes effective when your payment has been accepted and processed.
You are responsible for all applicable taxes, duties or fees in connection with your purchase, even if they are later determined to be payable. iA reserves the right to collect such taxes or fees from you at any time. All products, services, information and content are offered "as is" without warranty of any kind. iA does not warrant that products or services are free of viruses or other harmful components. You should exercise caution and use industry recognized software to detect any possible viruses that may be transmitted.
Except in jurisdictions where such provisions are restricted, iA, its directors, employees or agents will not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your purchase of services or content from our site.
The laws of the State of New York will govern any dispute arising between you and iA, and that the sole and exclusive remedy for any and all disputes shall be binding arbitration in conformance with the laws of the State of New York and the American Arbitration Association rules for consumer disputes. You agree to hold iA, its officers, directors, employees and contractors harmless from any claims, including attorney's fees.
- The materials on this site are protected by copyright. You are granted permission to view and listen to content on this site. It is forbidden to modify, publish, transmit, sell, reproduce, distribute, create new works from, display, post on another website, play or exploit in any way any of the materials on this site except as provided in this agreement.
- At any time iA may modify this agreement. By using this site you agree to be bound by any such revisions posted in the site.
- The laws of the State of New York, USA, shall govern this agreement.
- You will become a subscriber of iA once you have entered your name, your chosen password, your email address (which must be a genuine email address) and you have received from us by email a confirmation of your subscription after credit card authorization. Once you are a subscriber of iA we will enable you to use all of the services described on this site. One subscription for each genuine email address is permitted.
- 4a. To access certain features in this site you are required to establish your true identity. In the event your application is accepted you agree to keep confidential your password and any materials sent to you. You must immediately notify iA of any breach of your password.
Limitation of liability The materials posted on this site rely on intellectual property rights claims of third parties. Under no circumstances shall iA be liable for any damages resulting from the use of or inability to use the materials in this site. The materials in this site are provided "as is," without any kind of expressed or implied warranty. Furthermore, iA does not warrant or make any representation that the materials are uninterrupted, error or virus free.
- Customer refunds are limited to a maximum of $20 at the sole discretion of iA.
Automatic Renewal Feature Subscriptions will be automatically renewed each year unless the subscriber in email notifies iA that they no longer wish to continue using the service. Subscribers may cancel at any time during the year.
- iA is not responsible for the introduction or communication of malware or viruses by third parties in the process of communicating the iAttachment to recipients. Neither we nor any other person involved in the creation, provision or maintenance of iA shall be responsible for interruption of the service, linkage to any third party sites, damage to your computer, damage to other property or loss of data resulting from your access to or use of iA.
- A subscription to iAttachments.com entitles the subscriber to stream the iAttachments.com library. Under no circumstances are subscribers or visitors allowed to download the audio, motion visual or the combination of the audio and visual of any material in the iA library. Subscribers are allowed to cache the static lyrics of songs and to print out the cache.
- Subscriptions cannot be sold, bartered or transferred.
- You represent and warrant to us that you are the owner of any image copyright or have the express permission of the owner of the copyright in the images that you submit to iA. We claim no ownership rights in any images or photographs submitted to iA. Solely for the purpose of enabling your images or photographs to be uploaded and made available on the site you grant to us a perpetual worldwide non-exclusive transferable royalty-free copyright license to copy, reproduce, display, modify, adapt or alter, transmit, communicate to the public and distribute your images or photographs. You acknowledge that we have no control over the use of your images or photographs and shall not be held liable for any use, publication or copying of your images and photographs. You waive all rights of action or other claims you may have against us in respect of any such use, publication or copying.
COPYRIGHT CLAIMS We respect the intellectual property rights of others. In the event that we receive a written complaint alleging copyright infringement by a subscriber, we will refer the complaint to the subscriber concerned. It is the subscriber's responsibility to resolve any such complaint. Should the subscriber not resolve the complaint satisfactorily and advise us, in writing, of the resolution within seven (7) days of the date on which the matter was referred to the subscriber (the "Referral Date"), we reserve the right, in our absolute discretion, to suspend the subscription until such time as the matter is resolved. If we have not been notified within sixty (60) days of the Referral Date that the matter has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate the user's subscription.
Intellectual Property Rights Any trademarks, trade names or logos displayed on this site are the property of their respective owners and must not be used in any manner without the prior written consent of the owner. You should assume that all of the content made available to you through iA, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights.
- You are hereby advised that any image or photograph submitted by you to iA is subject to our review. We reserve the right at our sole and absolute discretion to refuse to display and to remove images or photographs from iA deemed to be objectionable by us or considered by us contrary to applicable laws. Any perceived violations of laws including laws relating to child pornography, child abuse and animal abuse will be reported by us to law enforcement authorities if in our sole judgment such images are in violation of applicable laws. Without limiting the above in any way, you are not permitted to post, upload, email, transmit or request the uploading to iA any image or photograph the content of which is, or we believe is offensive, personally offensive, defamatory, abusive, obscene, upsetting, menacing, threatening, harassing, pornographic, of an adult or sexual nature or, in any way unsuitable for persons under the age of 18 years; is illegal under any law or regulation at any place where images or photographs are posted or uploaded from and / or viewed, and / or received, or infringes any industry code of conduct; is copyrighted content or material that is used without the express permission of the owner or which infringes the intellectual property rights of any person; in our opinion reflects badly on iA. Further, you are not permitted to use iA:
- to engage in any activities in such a manner as to expose us, or any other third person who is involved in making iA available to you, to liability or adversely affecting the name, reputation or business or iA or any such third person;
- to do any act that may damage or interfere with the iA network or systems or cause the quality of iA to be impaired;
- to commit a crime or in the course of committing a crime or for an unlawful purpose to do any act that may damage the network or systems or cause the quality of iA to be impaired.
- The failure by us to enforce any right or provision of this agreement will not constitute a waiver of the right or provision.
- The Service's photo/video storage facility is known as My Account. The following arrangements apply in relation to photo/video storage on this site:
Thereafter a subscriber will maintain free storage for their photos/videos while remaining a subscriber. From the date each verified renewal is received, the subscription will be credited with free storage for the following 365 days i.e., the 365 days free storage period re-starts with each calendar subscription renewal. If the renewal option is not chosen, we will, without further notice to you, remove and/or delete your photos and videos. We are not responsible for any loss of data resulting from removal and/or deletion of materials.
- Once you have become a subscriber of iAttachments you will receive 365 days free storage from the date of activation.
iA values you as a customer, and we respect your privacy. We conduct business with a firm respect for the law. We collect information to support our relationship with you, to improve our service offerings, and to communicate about our services and promotions with you and the recipients of iAttachments. iA recognizes that we must maintain and use this information responsibly. It is our policy not to share any of your information with third parties without your permission, including your account information, usage information, messages, calendar information, storage locker data and images, and e-mail lists. iA accepts no responsibility for information obtained by third parties as a result of posting its links on a social networking website. Third party single sign-on services (e.g. Facebook Connect) are authorized to send content and solicitations from us if initiated by subscribers for their "friends". iA may contain links to third party sites, but we are not responsible for their privacy policies or practices. When linking to such sites, users should read the privacy policies stated on those sites.
Updated March 3, 2011