Welcome

Terms of Services

 

WELCOME TO I’llTip. We (i’llTip, Inc.) hope you find it useful. By accessing or otherwise interacting with our app, servers, services, websites, or any associated content/postings (together, “i’llTip”), you agree to these Terms of Use (“TOU”) (last updated June, 2018). You acknowledge and agree I’llTip is a private site owned and operated by I’llTip, Inc. If you are accessing or using I’llTip on behalf of a business, that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use I’llTip. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use I’llTip. Our privacy policy, prohibited list, and all other policies, site rules, and agreements referenced below or on I’llTip, are fully incorporated into this TOU, and you agree to them as well.

INTENT. This app was created with the intention of connecting people together to provide helpful services that are beneficial to its users. We encourage and employ all users to use this app with goodwill intensions and good faith when providing helpful services and when in need of services. Anyone who signs up to I’llTip and caught perpetrating any criminal act, violence, theft, injury or abuse will be persecuted.

TRADEMARKS. I’llTip and the symbol logo are registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world.

LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use I’llTip and be bound by the TOU, or (2) use I’llTip on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use I’llTip in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from I’llTip, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sub licensable license to use, copy, display, distribute, and make derivative works from content you post.

USE. Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with I’llTip, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect I’llTip content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of I’llTip policies or rules referenced above (“Prohibited Content”). You agree not to abuse I’llTip flagging or reporting processes. You agree not to collect I’llTip user information or interfere with I’llTip. You agree we may moderate I’llTip access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.

LIQUIDATED DAMAGES. You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting I’llTip users’ information, including personal or identifying information – $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of I’llTip without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of I’llTip – $1,000 per violation; (D) posting or attempting to post Prohibited Content – $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of I’llTip – the price per post applicable to that section of I’llTip; (F) sending an unauthorized/unsolicited email to an email address obtained from I’llTip – $25 per violation; (G) using I’llTip user information to make/send an unauthorized/unsolicited text message, call, or communication to a I’llTip user – $500 per text/call/communication; (H) creating a misleading or unlawful I’llTip account or buying/selling a I’llTip account – $4 per violation; (I) abusing or attempting to abuse I’llTip flagging or reporting processes – $1 per violation; (J) distributing any software to facilitate violations of the USE Section – $1,000 per violation; (K) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting I’llTip content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of I’llTip in any 24-hour period – $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

FEES. You authorize us to charge your account for payment of services and other transaction fees or tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.

DISCLAIMER & LIABILITY. To the full extent permitted by law, I’llTip, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“I’llTip Entities”) (1) make no promises, warranties, or representations as to I’llTip, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide I’llTip on an “AS IS” and “AS AVAILABLE” basis and any risk of using I’llTip is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with I’llTip. I’llTip Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to I’llTip, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.