Terms of Service


Thanks for visiting iiyabox. The www.iiyabox.com website ("Site") is comprised of various web pages operated by IIYABOX, LLC. ("iiyabox", “we”, “us”, or “our”). The site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.iiyabox.com constitutes your binding agreement to all such Terms. These terms of service are entered into between the user (“you” “your” or “user”) of our website, or any other internet property owned, operated or sponsored by iiyabox, LLC, and us. This governs and controls your usage of our site for any activity: make purchase, transmit, upload, post, email or make any data entry such as images, sound, video, photo, or other materials (“User Content”).

Please read these terms carefully. By continued usage of our site for any purpose, you represent and warrant that you have read, understood and agree to be bound by the terms. Such terms include a waiver of class action and binding arbitration for dispute resolution. The provision headings are included for ease of navigation through the agreement and shall not affect the terms.

Privacy

Your use of www.iiyabox.com is also subject to the iiyabox Privacy Policy. Please review our privacy policy, which also governs the site and informs you of our data practices.

Electronic Communications

Visiting www.iiyabox.com or sending emails to iiyabox constitutes electronic communications. You consent to receive electronic communications and you agree that all notices, disclosures and other communications that we provide to you electronically, via email and on the site, satisfy any legal requirement that such communications be in writing.

Age

We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.iiyabox.com only with permission/guidance of a parent or guardian. Furthermore, your use of this site requires compliance with applicable laws, and regulations as it relates to your activities.

 No Unlawful or Prohibited Use/Intellectual Property

As a condition of your use of the site, you warrant to iiyabox that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or applicable laws. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the service, such as text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Site, is the property of iiyabox or its suppliers. It is protected by copyright, trademark, proprietary, and other laws that protect intellectual property. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use (non-commercial), and will make no other use of the content without the express written permission of iiyabox, LLC. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of iiyabox or our licensees except as expressly authorized by these Terms.

Products and Services

The products and service available on this site are subject to our return policy. These products and services may be in limited quantity or available only for a short period of time. Without obligation, we reserve the right to limit sales to particular geographical areas. We additionally reserve the right to make modification to the images, descriptions, and availability of such without notice. Images and descriptions are displayed as accurately as possible to actual items. Based on the device used in viewing our products, we make no guarantee of color display accuracy.

 Use of Site/Communication Services

The Site may contain bulletin board services, chat areas, blog, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages on material that are proper and related to the particular service and topic.

By way of example, and not as a limitation, you agree that when using this site in general and the communication service, you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the site; violate any code of conduct or other guidelines which may be applicable; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws and regulations.

 We have no obligation to monitor the communication Services. However, iiyabox reserves the right to review, edit, and remove any materials in parts or whole posted on the communication service in its sole discretion. Iiyabox reserves the right to terminate your access to any or all of the communication services at any time without notice and for any reason whatsoever. Additionally, iiyabox reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.  

Always use caution when giving out any personally identifying information about yourself or your children in any communication service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, iiyabox specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.  

 Account Information

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Accordingly, you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that iiyabox is not responsible for third party access to your account that results from theft or misappropriation of your account. You should notify us of any breach or unauthorized use of your account information with urgency. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Submissions

We do not claim ownership of the materials you provide to the iiyabox site including post, uploads, inputs, etc. (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submissions, you are granting us, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, remove, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any submission you may provide, maintain any confidentiality, or provide response to your comment. We may remove any submission at any time in our sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission

International Users

The Service is controlled, operated and administered by iiyabox from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use our content accessed through www.iiyabox.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 Indemnification

You agree to indemnify, defend and hold us and all our affiliates, employees, volunteers harmless, for any damages, losses, charges, costs, liabilities, expenses (including but not limited to attorney/court fees) relating to or arising out of: (a) your use of the products and services; (b) your use or inability to use the Site or services; (c) any user postings made by you; (d) your violation of any of these terms of service or your violation of any rights of a third party; and (e) your violation of any applicable laws, rules or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with iiyabox (at no charge to the company)  in asserting any available defenses and as deemed necessary. Furthermore, you agree to be responsible for any liability related to claims brought by a third party based upon your cause of technical disruption.  

Arbitration

We ask first that you reach out to us at hello@iiyabox.com to address any concerns you may have as it relates to usage of our site.

In the event we are unable to resolve any dispute informally between both parties arising out of or concerning these Terms of service or other topics, unless otherwise written, such dispute shall be resolved by final and binding arbitration on an individual basis. Either party may commence the arbitration proceeding sixty (60) days after a written notice has been received by the other party. Arbitration will be conducted by a single neutral arbitrator in English, and administered by the American Arbitration Association service selected by the parties within the State of Texas, or as otherwise agreed by both parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. Each party will bear its own costs (including attorney’s fees) and equally share in the cost/fees of the arbitrator.

The parties agree to uphold strict confidentiality regarding the arbitration proceeding unless otherwise required by law. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. If any provision within this agreement is deemed unenforceable or unlawful, the remaining provisions will retain its validity. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. Claims of defamation, intellectual property misappropriation or infringement, and violation of the Computer Fraud and Abuse Act shall not be subject to arbitration. For such matters, parties hereby agree to be subject to the personal jurisdiction of courts within Texas. Claims submitted to arbitration must be within the applicable statute of limitation period. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

IIyabox, llc. and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes and improvements are periodically made from the information herein. Products and/or services may be removed from this site for an indefinite period of time. We reserve the rights to these modifications without notice.

To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "AS IS" without warranty or condition of any kind. We hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.  

To the maximum extent permitted by applicable law, in no event shall iiyabox and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, profits, goodwill arising out of or in any way connected with (i) the use or performance of the site, with the delay or inability to use the site or related services; (ii) the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site whether based on contract, tort, negligence, strict liability or otherwise. This applies even if iiyabox or any of its suppliers has been advised of the possibility of damages. These exclusions or limitation of liability is limited to the maximum extent permitted by applicable laws. Cumulative liability shall not exceed your total amount of purchase from the site. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Termination/Severability

IIyabox reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site not bound by arbitration. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

If any part of this agreement as set forth above is determined to be invalid or unenforceable pursuant to applicable law, such provision shall be enforceable to fullest extent permitted. The unenforceable portion shall be severed and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and iiyabox with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between both parties with respect to the Site. Failure to action or enforce any provision within this agreement shall not constitute a waiver of such or other provisions.

Changes to Terms

IIyabox reserves the right, in its sole discretion, to change the Terms under which www.iiyabox.com is offered. The most current version of the Terms will supersede all previous versions. IIyabox encourages you to periodically review the Terms to stay informed of our updates. If an update is made, it will be shared on this page.

Contact Us

IIyabox, LLC - 11403 Barker Cypress Ste J. #206 Cypress, Texas 77433 - hello@iiyabox.com


Effective as of December 21, 2018