Terms & Conditions

INLU TERMS OF USE

Inlu.com (the “Site”) is owned by Inlu a wEarth It, Inc. (“Inlu”, “we” or“us”). This is an agreement between you and Inlu. Please read it carefully as it is binding on you.

Acceptance of Terms

Inlu is a solution-based site where people "pitch-in" to a collection for a gift, cause or both and provides services to assist in organizing events, sending invitations, tracking rsvps, emailing thank yous, donating to charities, providing online resources and much more (“the Service”). Your use of the Service is subject to the following Terms of Use (“Terms”) which may be updated by Inlu from time to time. Your use of this Site and the Service signify your complete acceptance of these Terms. Inlu will provide notice of changes to the Terms by posting the new Terms on the Inlu site. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site. Should you object to any term or condition of these Terms, any guidelines or any subsequent modifications thereto or become dissatisfied with Inlu in any way, your only recourse is to immediately discontinue use of Inlu.com and its Services.

Registration: You do not have to register to use the Site but only registered users can organize an event, send out invitations, post content on the Site or access some of the features and services that Inlu may offer from time to time. Registration is free. You must be at least 14 years old to register and to use the Services. Parents are encouraged to host and invite children to parties but the Site and Services are not intended for children under the age of 14.

When you register with Inlu, you will be asked to provide us with personally identifiable information that we may request, all of which will become part of your profile and which you can add to or change from time to time. You will also be asked to select a screen name and password which will serve to identify you as a registered user each time you visit the Site and allow you to access your account. You may not (i) select or use a screen name of another person with intent to impersonate that person, (ii) use a screen name in which another person has rights without authorization from that person, or (iii) use a screen name that Inlu, at its sole discretion, deems offensive.

Collection and Payment:

Gift Collection Checks are issued within 48 hours of the Collection End Date specified by the Organizer. The Organizer is the individual who is a registered user of Inlu.com, and who creates the Inlu invitation or announcement, who decides what gift and/or charity to collect funds for this purpose, and who determines who to send the Inlu communication to via email (by designating email addresses from his/her own email address book), and by mail if desired. The Gift Collection Check is sent to the addressee at the address the Organizer provides. If a check has not been cleared within 60 days after shipping, an email notification will be issued to the Organizer alerting the Organizer of this issue. It is up to the Organizer to confirm the status of the check with the intended recipient. Group Collection Funds are issued within 48 hours of the Collection End Date specified by the Organizer, and sent to the email account the Organizer provides. All checks are subject to a fee to cover the cost of postage.

Collection and Payment to Charities: Charity Collection Checks are issued within 48 hours of the Collection End Date specified by the Organizer, and sent to the charity name and address the Organizer provides. If a check has not been cleared within 60 days after shipping, an email notification will be sent to the Organizer alerting the Organizer of this issue. It is up to the Organizer to confirm the status of the check with the intended charity. If the Organizer does not provide Inlu with an alternative charity or address, and the check is not cashed within a reasonable time, Inlu reserves the right in its sole discretion to reallocate the contributions to a non-profit organization in a reasonable manner. All checks are subject to a fee to cover the cost of postage.

Fees: Inlu charges a reimbursement transaction fee for anyone making a contribution through the Service, which fee is clearly disclosed prior to making any contribution. All checks are subject to a fee to cover the cost of postage. Fees are non-refundable.

Refunds: Events and Collections can be cancelled up to the time of the Cancellation Deadline. The deadline is 24 Hours prior to the earliest date indicated in the Inlu registry (either the Event Date or the Collection End Date, whichever comes first). Inlu’s can be canceled in the Organizer’s Dashboard by clicking on “Cancel This Inlu.” Once the Organizer confirms the cancellation, all email addresses which received the initial Inlu will be notified that the Inlu was cancelled, and any contributions, (less any non-refundable fees) will be refunded. After the Cancellation Deadline only Event details can be edited and resent to guests via the Organizer’s Dashboard, by clicking on “Edit.” If an event is cancelled after the Cancellation Deadline Inlu will not provide any refunds or redirect funds. It will be the sole responsibility of the Organizer to address how the Organizer wishes to refund invited guests. Inlu accepts no responsibility whatsoever for Organizer’s or recipients’ request for refunds. If Inlu cancels an account for any reason, Inlu will refund the contributions made.

Charitable Solicitation

By using the Inlu.com website and services, you agree to comply with any applicable state charitable solicitation statutes and regulations. You further agree by using the Inlu.com website and services that any solicitation of charitable contributions you send via email or otherwise are your own and are not the solicitations of Inlu or any of its employees, agents, or assigns. Inlu is not paid by any charitable organization for any of its services. Inlu does not necessarily support any of the charitable organizations listed on the Inlu.com website or their respective causes. The purpose of the information regarding any chartable organizations on the Charity Seeker portion of the Inlu.com website or elsewhere on said website is to provide public information that can be found on the web. Inlu is not affiliated with and makes no endorsement of any of these charitable organizations.

Inlu Content

You understand that all material transmitted through, or linked from the Service are the sole responsibility of the person from whom such material originated. Furthermore, the Inlu site and material available through the Service may contain links to other websites, which are completely independent of Inlu. Those links do not imply any endorsement by Inlu and Inlu makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such websites. Your linking to any other websites is at your own risk.

Proprietary Rights

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. We retain full copyright ownership, rights and protection in all material contained on the Site (including all software, HTML code and other code). None of the material contained in the site may be reverse-engineered, disassembled, decompiled, transcribed, resold or redistributed without our specific prior written consent in each instance. The use of material, including, without limitation, logos, text, graphics and other copyrightable materials on the Site are limited to one copy for personal, non-commercial viewing and use only. Some material are copyrighted by third parties and users may not modify, copy, distribute, transmit, display or otherwise provide any content without the prior written consent of Inlu. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the site shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media nor stored in a computer except for personal and non-commercial use. With the exception of content posted by registered users of the Site, all content of the Site is owned by Inlu. All rights are reserved.

Inlu and our logo are trademarks of ours and are protected by state and federal laws. Other logos, and trademarks and service marks depicted on this site are the property of their respective owners. Your unauthorized use of trademarks appearing on the site may constitute a violation of law, which could subject you to substantial civil penalties.

User Content

Registration: You must register on the Site to create an account, post content and send out invitations. By posting content or communicating with others on the Site, that information is visible to other visitors to the Site. You should also be aware that any information that is made public on the Site may be searchable by other search engines so that even if that content is later removed from this Site, it may still be stored in other computers of people who visited the Site, and removal of that information from this Site will not remove it from those other computers. Therefore, exercise caution when posting personal information to the Site. In addition, although information in an invitation is only sent by Inlu to invitees as instructed by the Organizer, Inlu has no control over who an invitation could be forwarded to.

User Submissions: Some of the content on Inlu or included in invitations is submitted by our registered users “User Content”. We encourage you to take advantage of the many opportunities to interact with Inlu registered users by posting and reading User Content and participating in online forums. You acknowledge that by using the Site, or accessing an invitation you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any User Content, nor do we endorse such User Content. We do not verify the identity of people using our Site. You use the Site and the User Content at your own risk.

Posting Requirements: All content that you create for use in invitations or post to Inlu, including photos, blogs and other content that you upload, must comply with these Posting Requirements. You take sole responsibility for all content that you use in invitations or post on the Site and the consequences of using and posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person who assisted you in the creation of that content or any person shown in a photo or video that you upload or identified in any writing that you post. You represent, warrant and agree that you will not upload, email, store, process, post, distribute, transmit, or otherwise publish through the Site any material which:

• is threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law;
• contains any materials that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials;
• contains any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
• contains any materials that constitute spam (sending the same message multiple times or to multiple people will be treated as spam);
• is a solicitation or advertisement for any commercial product or activity;
• encourages behavior that does not support a safe and comfortable environment for all users, including but not limited to posting or transmitting any materials that are threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct;
• reflects negatively on Inlu or any of its partners or affiliates;
• restricts or inhibits any other user from using the Site or contains a virus or other harmful component;
• violates any local, state, federal or international laws or gives rise to civil liability;
• violates or infringes any rights of third parties (including but limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
• imposes an unreasonable or disproportionately large load on the Site or otherwise interferes with the Site;
• is a chain letter, or constitutes junk mail;
• “spoofs” (using of any means to disguise your online identity or alter original attribute information when sending e-mails or posting messages to the Site);
• uses or possesses programs to “crack” passwords or other Internet security tools.

We may, immediately terminate your access to the Site should your conduct fail to conform with these Terms as determined in our sole discretion.

Grant of Rights: By submitting content to the Site, you grant to Inlu, and its successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within the content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these Terms.

User Responsibility: You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Inlu, and its subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that any of them may incur in connection with a third party claim, or otherwise, arising out of or in connection with the materials you submit, post or make available through the Service, your use of the Service or Site, your violation of the Terms, your breach of any of the representations and warranties contained herein, or your violation of any rights of another person or entity. We have the right to view and monitor any content posted to this Site and we reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that the content violates these Terms, removal is necessary to protect the rights, property or personal safety of Inlu, its users and the public, if required to do so by law, or if we believe in our sole discretion that doing so will improve our Site and the experience of our users.

Inappropriate Content: If you believe that any postings on the Site violate these Terms, please let us know by clicking on the “Contact Us” link at the bottom of any page on the Site, and then sending us an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . We try to review all reported violations and, if we agree with you, we’ll take appropriate action. However, in all cases, we are the final judge on whether these Terms have been violated and we will determine what, if any, action should be taken.

Digital Millennium Copyright Act ("DMCA") Notice:

Inlu has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. We reserve the right to remove any User Content on the Site which allegedly infringes another person's copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service. If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Inlu

Att: Legal Department

                              P.O.Box 65305

                              Burlington, VT 05406

Disclaimer of Warranties

You agree that use of the Inlu site and the Service is entirely at your own risk. THE INLU SITE,THE SERVICE and any third party content posted on the site ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE) OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT INLU MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT INLU DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. Inlu (i) disclaims any warranties for the security, reliability timeliness, accuracy and performance of the Inlu site and the Service. (ii) disclaims any warranties for other service or goods received through or advertised on the Inlu site or the Service or accessed through any links on the Inlu site, and (iii) disclaims any warranties for viruses or other harmful components in connection with Inlu or the Service. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPlY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. To the fullest extent permitted by law,

INLU DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH USERS OF THE SITE, ANY USER CONTENT POSTED ON OR ACCESSIBLE ON OR FROM THE SITE AND ANY LINKED SITES OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS, SERVICES OR CONTENT CONTAINED ON THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL INLU BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF INLU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE INLU SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES whether the damages arise from use or misuse of the Inlu site or the Service, from the inability to use the Inlu site or the Service, or the interruption, suspension, modification, alteration, or termination of the Inlu site or the Service.Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the site or the Service or any links on the Inlu site, as well as by reason of any information or advice received through or advertised in connection with the site or the Service or any links on the Inlu site. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, THE AGGREGATE LIABILITY OF INLU AND ANY OTHER PARTY INVOLVED IN CREATING, administrating, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID by the COMPLAINANT TO Inlu OR $10. These limitations shall apply to the fullest extent permitted by law.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of Vermont without application of conflict of laws rules. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to Inlu, the Services, the content or the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred. You agree that, with the exception of injunctive relief sought by Inlu for any violation of Inlu’s proprietary or other rights, any and all disputes relating to these Terms, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before a single independent arbitrator designated by the AAA. The location of arbitration shall be Burlington, Vermont, USA.

Privacy

This Site is governed by the terms and conditions set out in our privacy policy: www.Inlu.com/privacy

General Information

The Terms and Inlu.com’s Privacy Policy constitute the entire agreement between you and Inlu and govern your use of the Service, superseding any prior agreements between you and Inlu. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of Inlu to partially or fully exercise any rights or the waiver of Inlu of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Inlu or be deemed a waiver by Inlu of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Inlu under these Terms and any other applicable agreement between you and Inlu shall be cumulative, and the exercise of any such right or remedy shall not limit Inlu's right to exercise any other right or remedy.

Termination

You agree that we may terminate, modify, discontinue or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights, Posting Requirements, Grant of Rights, User Responsibility, Disclaimer of Warranties, Limitations of Liability, Indemnity and General Information shall survive any such termination.

Modification of Terms: We may change the Terms from time to time by updating this posting and changing the Effective Date referenced below. Please visit the Terms area each time you visit the Site to keep up to date with the current terms regarding your use of the Site. Your continued use of the Site constitutes an affirmative acknowledgment by you of the Terms modifications and your agreement to abide and be bound by the Terms as modified.

Effective Date: February 1, 2010

© 2010 Inlu a wEarth It, Inc.