YOU REPRESENT AND WARRANT THAT BY USING OR DOWNLOADING THE APP, YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
1. APP DESCRIPTION AND DISCLAIMER
The App is a platform that provides a forum for our users who plan on attending significant social events such as weddings, and who want to identify and liaison with other users who will be attending the same or similar events. In this respect, the App provides subscribers with the ability to post photographs and personal information on the App, to communicate with other subscribers, to identify opportunities for the purchase of certain wedding-related merchandise and to negotiate and conclude the terms of any resulting purchase of such merchandise with the vendors thereof. (The “Purpose”).
Although the App offers a platform for the Purpose, the Company is not an agent for any user or subscriber of the App nor is it a party to any transaction that may be negotiated between you and other users of the App. In this respect, you agree that the Company shall have no liability whatsoever for: (i) damaged, lost or stolen materials; (ii) undelivered or misdelivered shipments of freight; (iii) cancellation of orders negotiated or placed through the site or third party links on the Site; (iv) payments, or failure to pay, by any party to any transaction arranged by you and another user of the App; (v) physical damage to vehicles or personal or economic injuries or torts sustained by you or third persons arising from the negligent, reckless or intentionally tortious actions by any person or user who you have met through your use of the App or with whom you have engaged in a transaction or posted Content, as defined below, that derives from or in conjunction with the use of the App; (vi) theft or misappropriation of personal or physical location data that you post on the App; or (vii) any other direct, incidental or consequential damages arising from a transaction or other business or personal arrangement effected by you through your use of the App.
Although the Company exerts all reasonable commercial efforts to keep the documents, information, data, software and related information that the Company makes available on the App (collectively, the “Information”) accurate, current and up-to-date, and to ensure that your access to the App is as continuous as possible, the Company cannot guarantee, and does not warrant, that your access to the App will be uninterrupted or error free.
2. YOUR INFORMATION
When you open an account to use or access certain portions of the App, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. If you choose to register, you agree to: (a) supply the information requested in the registration process, (b) ensure that all the information you supply to us is accurate, and (c) update your personal information. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify the Company immediately of any unauthorized use of your account, user name or password. The Company shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by the Company our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
4. LIMITED LICENSE TO DOWNLOAD; SUBSCRIPTION FEE
4.2 . Subscription Fee. Depending on whether you register to use the App as a bride and groom, or whether you use the App as a wedding guest, you may be required to pay an annual subscription fee to assure your continued ability to access the App. The amount of your subscription fee may be based on the type and level of subscription that you are requesting from the App.
5. USER CONTENT, REVIEWS, COMMENTS
5.1 Rights and Responsibilities of the Company. The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company's Copyright Agent with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Company's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By email, addressed to Lauren Bennett, Copyright Agent, firstname.lastname@example.org
If the Company's technical staff finds that User Content, files or processes belonging to a user or subscriber poses a threat to the proper technical operation of the system or to the security of the App or of other members, the Company reserves the right to delete those files or to stop those processes. If the Company technical staff suspects a user name is being used by someone who is not authorized by the proper user, the Company may disable that user's access to the App in order to preserve system security.
The Company reserves the right to refuse service to anyone and to cancel user access at any time.
5.2 Rights and Responsibilities of Users of the App or Other Posters of User Content.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Company service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder's permission.
Under the United States Digital Millennium Copyright Act, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. Accordingly, by posting such User Content, you grant a license to the Company to use, reprint, distribute, modify, and create derivative works of the User Content, each of which modifications and derivative works will be owned by the Company. You also give permission to the Company to copy your User Content as part of the normal backup process. You have the right to remove any of your works from User Content at any time.
5.3 Your Rights and Responsibilities as a User and Reader of User Content.
If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, the Company staff will not take a role in mediating conflicts between you and other users.
Your access to the postings that other users have posted as User Content is restricted to your personal use only. If you want to distribute, modify or prepare derivative works from postings you find as User Content, it is your responsibility to obtain the necessary permission from the poster (and any other person with rights in such work).
6. NO WARRANTY
THE APP AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT: (A) THE APP OR THE MATERIALS WILL MEET YOUR SPECIFIC COMMERCIAL REQUIREMENTS; (B) THE APP OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP, OR ANY MATERIALS OFFERED THROUGH THE APP, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SHIPMENTS, INFORMATION OR OTHER MATERIAL PURCHASED, ARRANGED OR OBTAINED BY YOU THROUGH THE APP OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
THE COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE FROM THE APP.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE ¤1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE ARE NOT LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT OR THE COMPANY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE COMPANY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the App and the Materials, including any user-provided content you submit, post, transmit, or make available through the App.
9. UNSOLICITED SUBMISSIONS
Except as may be required in connection with your use of the App, the Company does not want you to submit confidential or proprietary information to us through this App. All comments, feedback, information or material submitted to the Company through or in association with this App shall be considered non-confidential. By providing such submissions to the App, you hereby grant to the Company a license to use, reprint, distribute, modify and create derivative works from such information (collectively “Derivatives”), all of which Derivatives will be owned by the Company. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
10. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing or using the App, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the App is at all times governed by and subject to the federal and state laws of the United States of America regarding patent, copyright, trademark, trade secret and other intellectual property rights collectively (“Intellectual Property Rights”). You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content on the App in violation of any third party's Intellectual Property Rights.
If you believe that any Content on the App is infringing your copyright under the United States Copyright Act, you may seek the removal of such content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act (see 17 U.S.C. ¤ 512(c)(3) for more detail) at email@example.com as described above in Section 5.1.
11. INAPPROPRIATE CONTENT
12. COMPLIANCE WITH EXPORT RESTRICTIONS
You may not access, download, use or export the App or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
13.1 Terms and Termination. This Agreement is effective until terminated. Either you or the Company may terminate this Agreement for any reason by providing the other with seventy-two hours notice by email at the email address that you provide upon your registration with the App as a subscriber, or, if to the Company, at the following email address firstname.lastname@example.org. The Company may terminate this Agreement immediately, and may immediately suspend your further access to the App if you breach any of the terms of this Agreement. If such breach is not cured within twenty-four hours from the notice of termination of this Agreement, the Company may permanently discontinue your further access to the App for any purpose. Within five (5) days after the date on which you receive notice of the of termination of this Agreement, you shall return to Company or destroy, at Company's option, all copies of the Materials that may be in your possession or control, including any and all copies made by you. Upon Company request, you will certify in a written document signed by you that all copies of the Materials have been returned to Company, or destroyed, and that no copies of the Materials are in your possession or. Sections 1 through 3 and 4 through 13 shall survive termination of this Agreement for any reason.
13.2 Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of New York, without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. All disputes arising under this Agreement or its subject matter that cannot be settled by good faith negotiation shall be decided by arbitration under the rules of the American Arbitration Association. The decision of the arbitrator or arbitrators shall be final. The site of the arbitration will be in New York City, unless otherwise expressly agreed, and the arbitration award shall be enforceable in any court of competent jurisdiction. Notwithstanding anything contained in this Paragraph to the contrary, Company shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Company rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. The prevailing party in any action to enforce this Agreement shall be entitled to recover its reasonable attorneys' fees from the other party.
13.3 Entire Agreement. This Agreement sets forth the entire understanding between You and Company with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, oral and written, as they regard the licensing of the Software. This Agreement may be amended only in a writing signed by both parties. No vendor, distributor, dealer, retailer, sales person or other person is authorized to modify this Agreement or to make any warranty, representation or promise which is different than, or in addition to, the representations or promises of this Agreement.
13.4 No Waiver, Severability, Independent Contractor. No waiver of any right under this Agreement shall be effective unless in writing, signed by a duly authorized representative of the waiving party; failure to insist upon strict compliance with this Agreement shall not be deemed a waiver of any future right arising out of this Agreement.
The relationship between Company and you under this Agreement is intended to be that of independent contractor. Nothing in this Agreement shall be construed to create any partnership, joint venture, and employer-employee or agency relationship of any kind.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if the illegal, invalid or unenforceable provision had never been a part of this Agreement.
13.5 No Assignment. Neither party may assign or transfer this Agreement, nor shall any such attempted assignment or transfer be null and void. Notwithstanding the foregoing: (a) Company may assign this Agreement without consent to: (i) an affiliated company, or (ii) a party acquiring all or substantially all of the business of Company, and (b) You may assign this Agreement without consent to a party acquiring all or substantially all of your business.
Binding Agreement. BY DOWNLOADING OR USING THE APP, YOU ACKNOWLEDGE THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you have any questions concerning this Agreement, You may contact Company at email@example.com.
Information You Provide: When you register to use our App, we may collect your name, your mobile device token/identification number, your profile and your photograph. (“Essential Data”).
Information Automatically Collected From You: Through the combination of both internal and third party tracking code as well as cookies, we track the following categories of information when a visitor enters the App: (1) IP address, (2) domain servers, (3) type of platform, computer or device used to access the App, and, as necessary, (4) Geo location longitude and latitude. (Collectively “Phone Data”). Such Phone Data does not collect information that identifies you as an individual. The Company uses Anonymous Data for general marketing purposes and to help enhance customer experience on the App.
If you have registered as a subscriber to our App, we may also use certain geo-location software, mobile phone token/identification software to identify your physical location for purposes such as: enabling you to inform other App subscribers of your location for the purposes of posting or announcing your attendance at an event, shipment, or announcing your availability to attend an event in your then current geographic area.
If you post information on any of our message boards or forums, such information you provide may be available to other members of the App and other App visitors.
How We Use This Information
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags also known as single pixel gifs or web beacons to measure advertising effectiveness.
For you to access certain services that we offer through the App, we may require you to provide us with information that can identify you as an individual (“Personally Identifiable Information”). Personally Identifiable Information includes: (i) “Contact Data” (such as your first and last name, city, and email address), and (ii) “Personal Data” (such as your occupation, height, and social interests, (iii) “Financial Data” (such as your credit card information when paying for the App as a bride and groom).
We also may combine or aggregate any of the information we collect through the App, offline, or elsewhere for any of the purposes listed above, including delivering targeted advertisements that are based on your previous online activity on the App and on other websites. We use your Contact Data to provide you with special information and promotions regarding our products or to contact a customer regarding an order or to respond to a question or request.
How We Disclose Your Information
In addition, we may share reports (with de-identified information) on user demographics and traffic patterns, as well as information (also de-identified), with third parties.
The App also may contain third-party links. You acknowledge and agree that we are not responsible for the collection and use of your information by such third parties that are not under our control. You are encouraged to review the privacy policies of each website you visit.
Information Shared with Other Users: When you register as a user of the App, your profile will be viewable by other users of the App. Other users will be able to view information you have provided to us directly or through Facebook, such as your Facebook photos, any additional photos you upload, your first name, your age, approximate number of miles away, your personal description, and information you have in common with the person viewing your profile, such as common Facebook friends and likes. If you click the heart icon that reads “save me a dance,” that person will see that you have chosen to save him/her/that person a dance, and if that person does the same, you will have a match. If you chat with your match, your match will see the content of your chat.
Choice Regarding Disclosure of Contact Information
You may choose not to provide us with certain information. However, if you choose to do so, the App may not function as intended. .
Confidentiality and Security of Contact Information
We use reasonable measures designed to maintain the security of the information collected by the App. However, no company, system, or online community, including the Company or the App, can fully eliminate security risks associated with personal information. We cannot be responsible for the security of information you transmit over networks that we do not control, including the Internet and wireless networks.
This App is not meant for children under the age of 13. If you think a child has provided us with information without a parent or guardian's consent, please contact us at the contact information listed below.