My Wedding Concierge is a wedding website and iPhone app that provides valuable wedding-related information for the tech savvy bride. The services offered by My Wedding Concierge (”My Wedding Concierge” or “we”) include the My Wedding Concierge website located at any subdomain of my-wedding-concierge.com (the “My Wedding Concierge Website”), and any other features, content, or applications offered from time to time by My Wedding Concierge in connection with the My Wedding Concierge Website (collectively, the “My Wedding Concierge Services”). The My Wedding Concierge Services are hosted in the United States.
This Terms of Use Agreement (”Agreement”) sets forth the legally binding terms for your use of the My Wedding Concierge Services. By using the My Wedding Concierge Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the My Wedding Concierge Website) or you are a “User” (which means that you have registered and posted content with My Wedding Concierge). You are only authorized to use the My Wedding Concierge Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the My Wedding Concierge Website or iPhone App and discontinue use of the My Wedding Concierge Services immediately. If you wish to become a User, communicate with other Users and make use of the My Wedding Concierge Services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes your rights, obligations and restrictions regarding your use of the My Wedding Concierge Services and the My Wedding Concierge Privacy Policy located at www.my-wedding-concierge.com/Privacy
My Wedding Concierge may modify this Agreement from time to time and such modification shall be effective upon posting by My Wedding Concierge on the My Wedding Concierge Website. You agree to be bound to any changes to this Agreement when you use the My Wedding Concierge Services after any such modification is posted. It is therefore imperative that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on My Wedding Concierge and that you provide to other Users. Your My Wedding Concierge profile(s) may not include the following items: content that presents any business or individual in a negative light, any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other My Wedding Concierge Users (for instance, in registration information) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and My Wedding Concierge assumes no responsibility or liability for this material. If you become aware of misuse of the My Wedding Concierge Services by any person, please contact My Wedding Concierge at content-abuse@my-wedding-concierge.com
My Wedding Concierge reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the My Wedding Concierge Services at any time, for any or no reason, with or without prior notice, and without liability.
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Eligibility. Use of the My Wedding Concierge Services is void where prohibited. You must be eighteen (18) years of age or over to be a Visitor or User of the Services. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service and all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
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Term. This Agreement shall remain in full force and effect while you use the My Wedding Concierge Services or are a User. My Wedding Concierge may terminate your use of the My Wedding Concierge Website, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning.
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Non-commercial Use by Members. The My Wedding Concierge Services are for the personal use of Visitors and Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by My Wedding Concierge. Illegal and/or unauthorized use of the My Wedding Concierge Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the My Wedding Concierge Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the My Wedding Concierge Services.
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Proprietary Rights in Content on My Wedding Concierge.
a. My Wedding Concierge does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the My Wedding Concierge Services. After posting your Content to the My Wedding Concierge Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (”posting”) any Content on or through the My Wedding Concierge Services, you hereby grant to My Wedding Concierge a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the My Wedding Concierge Services.
Without this license, My Wedding Concierge would be unable to provide the My Wedding Concierge Services. The license you grant to My Wedding Concierge is non-exclusive (meaning you are free to license your Content to anyone else in addition to My Wedding Concierge), fully-paid and royalty-free (meaning that My Wedding Concierge is not required to pay you for the use on the My Wedding Concierge Services of the Content that you post), sublicensable (so that My Wedding Concierge is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the My Wedding Concierge Services), and worldwide (because the Internet and the My Wedding Concierge Services are global in reach). This license will terminate at the time you remove your Content from the My Wedding Concierge Services except as to any Content that My Wedding Concierge has sublicensed prior to your removal of your Content from the My Wedding Concierge Services. The license does not grant My Wedding Concierge the right to sell your Content, nor does the license grant My Wedding Concierge the right to distribute your Content outside of the My Wedding Concierge Services.
b. You represent and warrant that: (i) you own the Content posted by you on or through the My Wedding Concierge Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the My Wedding Concierge Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the My Wedding Concierge Services.
c. The My Wedding Concierge Services contain Content of My Wedding Concierge (”My Wedding Concierge Content”). My Wedding Concierge Content is protected by copyright, trademark, patent, trade secret and other laws, and My Wedding Concierge owns and retains all rights in the My Wedding Concierge Content and the My Wedding Concierge Services. My Wedding Concierge hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the My Wedding Concierge Content (excluding any software code) solely for your personal use in connection with viewing the My Wedding Concierge Website and using the My Wedding Concierge Services.
d. The My Wedding Concierge Services contain Content of Users and other My Wedding Concierge licensors. Except for any such Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the My Wedding Concierge Services.
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Content Posted.
a. My Wedding Concierge may delete any Content that in the sole judgment and discretion of My Wedding Concierge is undesirable, violates this Agreement or the purposes of the My Wedding Concierge Services or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. My Wedding Concierge assumes no responsibility for monitoring the My Wedding Concierge Services for inappropriate Content or conduct. If at any time My Wedding Concierge chooses, in its sole discretion, to monitor the My Wedding Concierge Services, My Wedding Concierge nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
b. You are solely responsible for the Content that you post on or through any of the My Wedding Concierge Services, and any material or information that you transmit to other Members and for your interactions with other Users. My Wedding Concierge does not endorse and has no control over the Content. Content is not necessarily reviewed by My Wedding Concierge prior to posting and does not necessarily reflect the opinions or policies of My Wedding Concierge. My Wedding Concierge makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
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Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the My Wedding Concierge Services. My Wedding Concierge reserves the right to investigate and take appropriate legal action against anyone who, in My Wedding Concierge’s sole discretion, violates this provision, including without limitation, removing the offending communication from the My Wedding Concierge Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of My Wedding Concierge is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
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criticizes a business or individual
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harasses or advocates harassment of another person;
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exploits people in a sexual or violent manner;
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contains nudity, violence, or offensive subject matter or contains a link to an adult website;
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solicits personal information from anyone under 18;
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promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
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promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
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involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
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contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
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furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
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solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
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involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
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includes a photograph of another person that you have posted without that person’s consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the My Wedding Concierge Website and through your use of the My Wedding Concierge Services. My Wedding Concierge reserves the right to investigate and take appropriate legal action against anyone who, in My Wedding Concierge’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
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criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
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covering or obscuring the banner advertisements on your personal profile page, or any My Wedding Concierge page via HTML/CSS or any other means;
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any automated use of the system, such as using scripts to add friends or send comments or messages;
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interfering with, disrupting, or creating an undue burden on the My Wedding Concierge Services or the networks or services connected to the My Wedding Concierge Services;
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attempting to impersonate another User or person;
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using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
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selling or otherwise transferring your profile, without our permission;
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using any information obtained from the My Wedding Concierge Services in order to harass, abuse, or harm another person;
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displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the My Wedding Concierge Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
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using the My Wedding Concierge Services in a manner inconsistent with any and all applicable laws and regulations.
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Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of My Wedding Concierge to terminate the privileges of any User who infringes the copyright rights of others upon receipt of prompt notification to My Wedding Concierge by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the My Wedding Concierge Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the My Wedding Concierge Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. My Wedding Concierge’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Privileged Insights, Inc LLC PO Box 721662, San Diego, CA 92172 and email: content-abuse@my-wedding-concierge.com
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User Disputes. You are solely responsible for your interactions with other My Wedding Concierge Users. My Wedding Concierge reserves the right, but has no obligation, to monitor disputes between you and other Users.
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Privacy. Use of the My Wedding Concierge Services is also governed by our Privacy Policy, located at http://www.my-wedding-concierge.com/Privacy and incorporated into this Agreement by this reference.
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Disclaimers. My Wedding Concierge is not responsible for any incorrect or inaccurate Content posted on the My Wedding Concierge Website or in connection with the My Wedding Concierge Services, whether caused by Users of the My Wedding Concierge Services or by any of the equipment or programming associated with or utilized in the My Wedding Concierge Services. Profiles created and posted by Users on the My Wedding Concierge Website may contain links to other websites. My Wedding Concierge is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by My Wedding Concierge. Inclusion of any linked website on the My Wedding Concierge Services does not imply approval or endorsement of the linked website by My Wedding Concierge. When you access these third-party sites, you do so at your own risk. My Wedding Concierge takes no responsibility for third party advertisements which are posted on this My Wedding Concierge Website or through the My Wedding Concierge Services, nor does it take any responsibility for the goods or services provided by its advertisers. My Wedding Concierge is not responsible for the conduct, whether online or offline, of any User of the My Wedding Concierge Services. My Wedding Concierge assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. My Wedding Concierge is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the My Wedding Concierge Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the My Wedding Concierge Services. Under no circumstances shall My Wedding Concierge be responsible for any loss or damage, including personal injury or death, resulting from use of the My Wedding Concierge Services, attendance at a My Wedding Concierge event, from any Content posted on or through the My Wedding Concierge Services, or from the conduct of any Users of the My Wedding Concierge Services, whether online or offline. The My Wedding Concierge Services are provided “AS-IS” and as available and My Wedding Concierge expressly disclaims any warranty of fitness for a particular purpose or non-infringement. My Wedding Concierge cannot guarantee and does not promise any specific results from use of the My Wedding Concierge Services.
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Limitation on Liability. IN NO EVENT SHALL MY WEDDING CONCIERGE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MY WEDDING CONCIERGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY WEDDING CONCIERGE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MY WEDDING CONCIERGE FOR THE MY WEDDING CONCIERGE SERVICES DURING THE TERM OF USE.
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Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
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Disputes. If there is any dispute about or involving the My Wedding Concierge Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Diego. Either My Wedding Concierge or you may demand that any dispute between My Wedding Concierge and you about or involving the My Wedding Concierge Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, CA, USA, provided that the foregoing shall not prevent My Wedding Concierge from seeking injunctive relief in a court of competent jurisdiction.
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Indemnity. You agree to indemnify and hold My Wedding Concierge, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the My Wedding Concierge Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the My Wedding Concierge Website or through the My Wedding Concierge Services causes My Wedding Concierge to be liable to another.
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Other. This Agreement is accepted upon your use of the My Wedding Concierge Website or any of the My Wedding Concierge Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and My Wedding Concierge regarding the use of the My Wedding Concierge Services. The failure of My Wedding Concierge to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. My Wedding Concierge is a trademark of Privileged Insights, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
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Waiver and Severability of Terms. The failure of My Wedding Concierge to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
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Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
VIOLATIONS. Please report any violations of these Terms of Use to us by emailing us at content-abuse@my-wedding-concierge.com
Please contact us at: tos@my-wedding-concierge.com with any questions regarding this Agreement.