Ilus New York Designer Dress Rental Boutique

1. Acceptance of Terms of Use
Welcome to Ilus. These Terms of Use govern your use of Ilus (the “Boutique”), ilus-nyc.com (the "Site") and the Ilus service and sale of products (the "Service"). By using the Service or visiting or browsing the Site, you accept these Terms of Use and any modifications that may be made to the Terms of Use from time to time; if you do not agree to these Terms of Use you should not use the Boutique or Service, or visit or browse the Site.

These Terms of Use constitute a binding legal agreement between you and Ilus, LLC. ("Ilus," "we," "us," and "our"). Please read them carefully.

2. Modifications to Terms of Use
We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion. Notice of any modification of these Terms of Use will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately (a) by notifying Ilus of your unwillingness to accept the changes to the Terms of Use and Service by emailing customerservice@ilus-nyc.com or calling us at 646.454.1678; and (b) by discontinuing your use of the Service and the Site. You agree that we shall not be liable to you or to any third party for any modification of the Terms of Use.

3. The Ilus Service
The Service allows registered members to access the Site and the Boutique and purchase or borrow products from Ilus in accordance with these Terms of Use. With payment of the membership fee, the member can choose products to borrow from our expansive selection. All of this with no limits on the number of times a member can borrow. However, we reserve the right to limit the number of items that a member may borrow at any time. The currently available borrowing rates, are outlined in detail on the Site. Also, the current shipping policies governing the delivery and return of products are detailed on the Site. Delivery time for products you have selected to borrow may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Ilus makes no guarantees as to actual delivery time. The risk of loss for items shipped passes to you upon our delivery to the carrier.

If you return a product in a damaged or dirty condition that exceeds normal wear and tear, as determined by Ilus in its sole discretion, you agree that Ilus may charge your credit card and collect a replacement fee for such product. The product replacement fee varies depending on the specifics of each item.

4. Becoming a Member and Obtaining an Account
Before you can begin use of the Service, you must register as a member and obtain an account. By registering as a member, you give us permission to obtain credit information from consumer credit-reporting agencies before you obtain an account and at any time during your membership. You must be 18 years of age or older to register as a member and use the Service. Your membership will automatically renew for successive annual membership periods, unless you cancel your membership or your membership is otherwise terminated under these Terms of Use. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Service and the Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, notify us immediately.

5. Billing
When you join as a member you will be required to provide Ilus with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up for the Service, you authorize Ilus or its agent to bill your credit card the applicable per-item or borrowing fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. Fees will be charged to your credit card as you incur them.

If Ilus does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Ilus reserves the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies. Ilus reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

We reserve the right to determine whether your credit card is pre-authorized to accept a minimum charge equal to the item rental.

You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

We may modify the price, content, or nature of the Service at any time. If we modify any of the foregoing terms, you may cancel your membership. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.

It is your responsibility to keep your credit card information updated with the Site. Upon the expiration or cancellation of your credit card, you agree to provide Ilus with updated or replacement information within five (5) days of such expiration or cancellation. Failure to maintain such updated information will subject your membership to suspension or cancellation at the sole discretion of Ilus.

6. Additional Fees
You agree to pay a $5 waiver for normal wear and tear and a $5 fee for any unreturned garment bag.

Your rental period is good for 3 nights, and the item is due back by store closing the day after the 3rd night, or will be subject to a $40 late fee for each subsequent day.

7. Cancellation; Costs and Refunds
You may cancel your membership at any time by contacting us by phone or email. Upon receipt of your cancellation request, we will terminate your account provided that you have returned all outstanding products and paid for any unreturned or damaged products.

All purchases through the Site and Boutique are final and non-refundable.

8. Privacy
We use third parties to verify and certify our privacy principles. These organizations are dedicated to building trust in the Internet by having member organizations such as the Site disclose information practices. Our policy on privacy is held to high standards by these independent third party organizations. Ilus does not share nonpublic personal information of its customers and clients with nonaffiliated third parties. For more information on our Privacy Policy, please contact us at [INSERT EMAIL ADDRESS OF WEBMASTER].

9. Submissions
The Site may allow you and other third parties to post reviews or comments concerning the Service or the products we distribute. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of Ilus, or its shareholders, directors, officers, or employees. Ilus may review and delete any content, in whole or in part, that in the sole judgment of Ilus violate these Terms of Use or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Ilus, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site or the Boutique.

We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings on message boards on the Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and the Service. Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by Ilus will not infringe on or violate the rights of any third party.

Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

10. Use Restrictions
You may use the Site only for purposes expressly permitted by the Terms and Conditions of the Site. You may not use the Site for any other purpose, including any commercial purpose, without Ilus’s express prior written consent. Without the express prior written authorization of Ilus, you may not: (a) duplicate the Site or any of the Materials contained therein; (b) create derivative works based on the Site or any of the Materials contained therein; (c) use the Site or any of the Materials contained therein for any public display, public performance, sale or rental; (d) re-distribute the Site or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein; (g) use any meta-tags or any other “hidden text” using the Site's name or marks; (h) “deep-link” to any page of the Site (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Site); (j) use any data mining, robots or similar data gathering and extraction tools on the Site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials; or (m) bookmark any page of the Site beyond the registration log-in screen. You agree to cooperate with Ilus in causing any unauthorized use of the Site to cease immediately. At any time, if Ilus provides a service on the Site enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Site or other services included on the Site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Site shall terminate all your rights under this Agreement. If you share information and communicate with other users, you agree that all Materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Site can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.

11. Access Limits
Unless otherwise specified, the content on the Site is for your personal and non-commercial use; Ilus grants you a limited license to access the Site and Boutique solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of Ilus. Any and all unauthorized uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.

12. Disclaimers of Warranties; Limitations on Liability
The Service (including the products provided under the Service or purchased through the Site or Boutique), and the Site and its contents, are provided "as is"; Ilus makes no representations or warranties of any kind with respect to the Service, products provided with or sold by the Service, the Site, the Boutique, or any contents therein. Ilus assumes no liability or responsibility for any errors or omissions in providing the Service or the Boutique or in the content of the Site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided by Ilus, or any conduct by users of the Site. Ilus reserves the right to refuse to ship products in its sole discretion. ILUS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, Ilus does not represent or warrant that the information on or accessible via the Site or the Boutique or through the Service is complete or current.

ILUS’ AND ITS AFFILATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' LIABILITY UNDER THESE TERMS OF USE AND ANY OTHER TERMS AND CONDITIONS (INCLUDING GIFT CARD TERMS AND CONDITIONS) IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. ILUS AND ITS AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. ILUS’ AND ITS AFFILATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, GIFT CARDS, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO ILUS BY YOU UNDER THESE TERMS OF USE. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY ILUS TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

13. Indemnity
You agree to indemnify and hold Ilus, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms of Use and/or arising from a breach of these Terms of Use.

14. Intellectual Property
ILUS is a trademark of Ilus. All Ilus graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Ilus. Any trademarks not owned by Ilus that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ilus. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Ilus, its licensors, or its product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.

15. Termination
You agree that we, in our sole discretion, may terminate your password, account, or use of the Service or the Boutique or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your account and all related information and Submissions made from your account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.

16. Links and Advertising
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. ILUS IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.

Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.

17. Service Tests
Ilus tests aspects of its Service from time to time. Ilus reserves the right to include you in such tests without notice.

18. Governing Law and Arbitration
These Terms of Use are governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. Any controversy or claim arising out of or relating to these Terms of Use, the Service, the Products, the Boutique or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by New York law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. By using the Site or the Service, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York City, New York.

19. Claims of Copyright Infringement
It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or know of someone who is making unauthorized use of the content of the Site, please contact our registered agent for notice of copyright infringement under the DMCA and notify us of your concern by submitting a written notice to us at the following address:
248 Elizabeth Street
New York, NY 10012.

20. Taxes

All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.

21. General
Ilus’ failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site, the Boutique or the Service, you consent to receiving electronic communications from Ilus. These communications will include notices about your account (e.g., shipping and receiving emails and other transactional information) and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Ilus is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Use comprises the entire agreement between you and Ilus and supersede all prior agreements between the parties regarding the subject matter contained herein.