Terms of Service
General
This website (the “Site”) is owned and operated by ILYA MEDIA “ilya-media.com” (“Ilya Media,” “we”, or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms ofService, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Ilya Media. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revisedTerms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. Intellectual Property Rights.
Our Limited License to You
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for yourpersonal noncommercial use. You may not use the Site or the materials availableon the Site in a manner that constitutes an infringement of our rights or thathas not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of theSite for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you aregranting us, and anyone authorized by us, a royalty-free, perpetual,irrevocable, non-exclusive, unrestricted, worldwide license to use, copy,modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in anymanner or medium, now known or hereafter developed, for any purpose. Theforegoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevantjurisdiction. Also, in connection with the exercise of such rights, you grantus, and anyone authorized by us, the right to identify you as the author of anyof your postings or submissions by name, email address or screen name, as wedeem appropriate.
You acknowledge and agree that any contributions originally created by you forus shall be deemed a “work made for hire” when the work performed is within thescope of the definition of a work made for hire in Belgium Copyright Law, asamended. As such, the copyrights in those works shall belong to Ilya Media from their creation. Thus, Ilya Media shall be deemed the author and exclusiveowner thereof and shall have the right to exploit any or all of the results andproceeds in any and all media, now known or hereafter devised, throughout theuniverse, in perpetuity, in all languages, as Ilya Media determines. In the event that any of the results andproceeds of your submissions hereunder are not deemed a “work made for hire”under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Ilya Media all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuityin every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that Ilya Media has theright but not the obligation to use and display any postings or contributionsof any kind and that Ilya Media may electto cease the use and display of any such materials (or any portion thereof), atany time for any reason whatsoever.Limitations on Linking and Framing. You mayestablish a hypertext link to the Site so long as the link does not state orimply any sponsorship of your site by us or by the Site. However, you may not,without our prior written permission, frame or inline link any of the contentof the Site, or incorporate into another website or other service any of ourmaterial, content or intellectual property.Disclaimers
Throughout the Site, we may provide links and pointers to Internet sitesmaintained by third parties. Our linking to such third-party sites does notimply an endorsement or sponsorship of such sites, or the information, productsor services offered on or through the sites. In addition, neither we noraffiliates operate or control in any respect any information, products orservices that third parties may provide on or through the Site or on websiteslinked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or otherinformation or content expressed or made available by third parties, includinginformation providers, are those of the respective authors or distributors, andnot Ilya Media. Neither Ilya Media nor any third-party provider ofinformation guarantees the accuracy, completeness, or usefulness of anycontent. Furthermore, Ilya Media neitherendorses nor is responsible for the accuracy and reliability of any opinion,advice, or statement made on any of the Sites by anyone other than anauthorized Ilya Media representativewhile acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BYCOMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIESOF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLEPURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITSFUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THATMAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTSOF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES INTERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.Youagree at all times to defend, indemnify and hold harmless COMPANY itsaffiliates, their successors, transferees, assignees and licensees and theirrespective parent and subsidiary companies, agents, associates, officers, directors,shareholders and employees of each from and against any and all claims, causesof action, damages, liabilities, costs and expenses, including legal fees andexpenses, arising out of or related to your breach of any obligation, warranty,representation or covenant set forth herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different types ofproducts and services online that are provided by third parties. We are notresponsible for the quality, accuracy, timeliness, reliability or any otheraspect of these products and services. If you make a purchase from a merchanton the Site or on a site linked to by the Site, the information obtained duringyour visit to that merchant’s online store or site, and the information thatyou give as part of the transaction, such as your credit card number andcontact information, may be collected by both the merchant and us. A merchantmay have privacy and data collection practices that are different from ours. Wehave no responsibility or liability for these independent policies. Inaddition, when you purchase products or services on or through the Site, youmay be subject to additional terms and conditions that specifically apply toyour purchase or use of such products or services. For more informationregarding a merchant, its online store, its privacy policies, and/or anyadditional terms and conditions that may apply, visit that merchant’s websiteand click on its information links or contact the merchant directly. Yourelease us and our affiliates from any damages that you incur, and agree not toassert any claims against us or them, arising from your purchase or use of anyproducts or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third partyfound on or through our Site, regarding payment and delivery of specific goodsand services, and any other terms, conditions, representations or warrantiesassociated with such dealings, are solely between you and such third party. Youagree that Ilya Media shall notbe responsible or liable for any loss, damage, or other matters of any sortincurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someoneacting on your behalf through the Site. You agree to use the Site and topurchase services or products through the Site for legitimate, non-commercialpurposes only. You also agree not to make any purchases for speculative, falseor fraudulent purposes or for the purpose of anticipating demand for aparticular product or service. You agree to only purchase goods or services foryourself or for another person for whom you are legally permitted to do so.When making a purchase for a third party that requires you to submit the thirdparty’s personal information to us or a merchant, you represent that you haveobtained the express consent of such third party to provide such third party’spersonal information.
Your purchase is for personal use only. Sharing of purchases is not permittedand will be considered unauthorized, an infringing use of our copyrightedmaterial, and may subject violators to liability.If payment for a course isdeclined, our system will automatically disable access to our premium materials.(We understand. This usually happens because a credit card expires.) We want tohelp restore your access, so we’ll make every attempt to contact you to helpresolve this issue. Once the billing issue is resolved, we’ll restore access.
Interactive Features
This Site may include a variety of features, such as bulletin boards, weblogs, chat rooms, and email services, which allow feedback to us and real-timeinteraction between users, and other features which allow users to communicatewith others. Responsibility for what is posted on bulletin boards, web logs,chat rooms, and other public posting areas on the Site, or sent via any emailservices on the Site, lies with each user – you alone are responsible for thematerial you post or send. We do not control the messages, information or filesthat you or others may provide through the Site. It is a condition of your useof the Site that you do not:
● Restrict or inhibit any other user from using and enjoying the Site.
● Use the Site to impersonate any person or entity, or falsely state orotherwise misrepresent your affiliation with a person or entity.
● Interfere with or disrupt any servers or networks used to provide the Site orits features, or disobey any requirements, procedures, policies or regulationsof the networks we use to provide the Site.
● Use the Site to instigate or encourage others to commit illegal activities orcause injury or property damage to any person.
● Gain unauthorized access to the Site, or any account, computer system, or networkconnected to this Site, by means such as hacking, password mining or otherillicit means.
● Obtain or attempt to obtain any materials or information through any meansnot intentionally made available through this Site.
● Use the Site to post or transmit any unlawful, threatening, abusive,libelous, defamatory, obscene, vulgar, pornographic, profane or indecentinformation of any kind, including without limitation any transmissionsconstituting or encouraging conduct that would constitute a criminal offense,give rise to civil liability or otherwise violate any local, national orinternational law.
● Use the Site to post or transmit any information, software or other materialthat violates or infringes upon the rights of others, including material that isan invasion of privacy or publicity rights or that is protected by copyright,trademark or other proprietary right, or derivative works with respect thereto,without first obtaining permission from the owner or rights holder.
● Use the Site to post or transmit any information, software or other materialthat contains a virus or other harmful component.
● Use the Site to post, transmit or in any way exploit any information,software or other material for commercial purposes, or that containsadvertising.
● Use the Site to advertise or solicit to anyone to buy or sell products orservices, or to make donations of any kind, without our express writtenapproval.
● Gather for marketing purposes any email addresses or other personalinformation that has been posted by other users of the Site.
Ilya Media may hostmessage boards, chats and other public forums on its Sites. Any user failing tocomply with the terms and conditions of this Agreement may be expelled from andrefused continued access to, the message boards, chats or other public forumsin the future. Ilya Media or itsdesignated agents may remove or alter any user-created content at any time forany reason. Message boards, chats and other public forums are intended to serveas discussion centers for users and subscribers. Information and content postedwithin these public forums may be provided by Ilya Media staff, Ilya Media outsidecontributors, or by users not connected with Ilya Media, some of whom may employ anonymous user names. Ilya Media expressly disclaims all responsibility andendorsement and makes no representation as to the validity of any opinion,advice, information or statement made or displayed in these forums by thirdparties, nor are we responsible for any errors or omissions in such postings,or for hyperlinks embedded in any messages. Under no circumstances will we, ouraffiliates, suppliers or agents be liable for any loss or damage caused by yourreliance on information obtained through these forums. The opinions expressedin these forums are solely the opinions of the participants, and do not reflectthe opinions of Ilya Media or any ofits subsidiaries or affiliates.
Ilya Media has noobligation whatsoever to monitor any of the content or postings on the messageboards, chat rooms or other public forums on the Sites. However, youacknowledge and agree that we have the absolute right to monitor the same atour sole discretion. In addition, we reserve the right to alter, edit, refuseto post or remove any postings or content, in whole or in part, for any reasonand to disclose such materials and the circumstances surrounding theirtransmission to any third party in order to satisfy any applicable law,regulation, legal process or governmental request and to protect ourselves, ourclients, sponsors, users and visitors.
We occasionally include access to an online community as part of our programs.We want every single member to add value to the group. Our goal is to make yourcommunity the most valuable community you’re a member of. Therefore, we reservethe right to remove anyone at any time. We rarely do this, but we want to letyou know how seriously we take our communities.
Registration
To access certain features of the Site, we may ask you to provide certaindemographic information including your gender, year of birth, zip code andcountry. In addition, if you elect to sign-up for a particular feature of theSite, such as chat rooms, web logs, or bulletin boards, you may also be askedto register with us on the form provided and such registration may require youto provide personally identifiable information such as your name and emailaddress. You agree to provide true, accurate, current and complete informationabout yourself as prompted by the Site’s registration form. If we havereasonable grounds to suspect that such information is untrue, inaccurate, orincomplete, we have the right to suspend or terminate your account and refuseany and all current or future use of the Site (or any portion thereof). Our useof any personally identifiable information you provide to us as part of theregistration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and password,which you will receive through the Site’s registration process. You areresponsible for maintaining the confidentiality of the password and account,and are responsible for all activities (whether by you or by others) that occurunder your password or account. You agree to notify us immediately of anyunauthorized use of your password or account or any other breach of security,and to ensure that you exit from your account at the end of each session. Wecannot and will not be liable for any loss or damage arising from your failureto protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE,OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USEOF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTSOF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS,PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVENIF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOUSPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY,OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THESITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THESITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUEUSING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS COMPANY IS NOT ANINVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDEPERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.
WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATIONCONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONALPURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS INTENDED ASINVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF ANOFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANYCOMPANY, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FORPURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.
WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARERESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTINGON ANY INFORMATION PROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENTAND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITSACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.YOU acknowledge andagrees that no representation has been made by COMPANY OR ITS AFFILIATES andrelied upon as to the future income, expenses, sales volume or potentialprofitability that may be derived from the participation in THIS PROGRAM.
Termination
We may cancel or terminate your right to use the Site or any part of the Siteat any time with 24-hour notice. In the event of cancellation or termination,you are no longer authorized to access the part of the Site affected by suchcancellation or termination. The restrictions imposed on you with respect tomaterial downloaded from the Site, and the disclaimers and limitations ofliabilities set forth in these Terms of Service, shall survive.
Refund Policy
Your purchase of a service provides for a refund if you notified Ilya Media of your cancelation, 24 hours prior tothe billing date. No exceptions will be made and no refunds will be providedunder any other circumstances.
Free Trial Terms and Conditions
The following terms and conditions will apply if you have a Free Trial Periodfor Content Creation Servies:-
1. The free trial shall last for a period of 7 days only. After the 7 day freetrial, regular price for the content creation service will be charged.
2. All customers signing up for the free trial will be required to submitpayment card details as part of the process, to allow automatic payments oncethe free trial period finishes.
3. Customers not wishing to continue the Content Creation Service once the FreeTrail ends must cancel the Content Creation Service by emailing info@ilya-media.com 1 daybefore the end of the Free Trial. Reminder emails will be sent 7 days beforethe first payment is due.
4. Paid Services including but not limited to. Content creation, graphiccreation, social media posting.
5. Offer is not available for customer's in all regions and countries.
6. Notice will be sent if payment fails for any reason. It is the customersresponsibility to make sure payment details are correct to allow successfulrenewal payments.
7. Ilya Media reservesthe right to remove or cancel the Free Trial offer at any time.
8. Ilya Media reservesthe right to change the features of the Free Trial offer at any time.
9. Ilya Media Terms andConditions apply.
10. Ilya Media reviewsall orders and reserves the right to deny or cancel Content Creation Servicesat any time and for any reason.
Other
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse forcopyright owners who believe that material appearing on the Internet infringestheir rights under the U.S. copyright law. If you believe in good faith thatmaterials hosted by Ilya Media infringeyour copyright, you, or your agent may send to Ilya Media a notice requesting that the material be removed oraccess to it be blocked. Any notification by a copyright owner or a personauthorized to act on its behalf that fails to comply with requirements of theDMCA shall not be considered sufficient notice and shall not be deemed toconfer upon Ilya Media actualknowledge of facts or circumstances from which infringing material or acts areevident. If you believe in good faith that a notice of copyright infringementhas been wrongly filed against you, the DMCA permits you to send to Ilya Media a counter-notice. All notices and counternotices must meet the then current statutory requirements imposed by the DMCA;see http://www.loc.gov/copyright for details. Ilya Media Copyright Agent for notice of claims of copyrightinfringement or counter notices can be reached as follows:
info@ilya-media.com ThisAgreement shall be binding upon and inure to the benefit of Ilya Media and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights here under may be assigned without the prior written consent of Ilya Media. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by IlyaMedia to any affiliated entity or any of its wholly owned subsidiaries. TheseTerms of Use shall be governed by and construed in accordance with the laws of the City of Bruges and any dispute shall be subject to binding arbitration in Bruges,Belgium. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Disclaimer 1: Although it is highly unlikely, This policy may be changed at anytime at our discretion. If we should update this policy, we will post theupdates to this page on our Website.
Disclaimer 2: Ilya Media is a digital content service providing pre-agreed branded social media assets. This is not a coaching or consulting service. All services are provided as deliverables based on a fixed scope of work.
If you have any questions or concerns regarding our privacy policy pleasedirect them to: info@ilya-media.com
