Bride & Groom
Terms of Use
Effective: August 22, 2016
The following are the terms applicable to use of BrideandGroom.com website and mobile site (the “Site”). The terms “we,” “us,” and “Bride & Groom” refer to Bride & Groom, Inc., a Texas corporation. The term “you” and “your” refers to the user of the Site and/or customer on the Site.
The Site is made available to you conditioned on your acceptance without modification of any/ all of the terms, conditions, and notices set forth herein (collectively, the “Agreement” or the “Terms of Use”). By using or accessing the Site in any manner ( the “Services”), you agree to be bound by this Agreement. If, after CAREFULLY READING this Agreement, you do not accept all of these terms, conditions, and notices, you must immediately discontinue use of the Site. Bride & Groom reserves the right to modify this Agreement at any time and to impose new or additional terms and/or conditions on your use of the Services. By continuing to use the Site after we post any such changes, you accept the Terms of Use as modified.
General.
Use of the Site. As a condition of your use of the Site, you represent and warrant that you are legally able to accept the Agreement, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so. In order for us to protect the quality of our products and the Services in light of your use, you hereby consent to our employees and Our Representatives (as defined within) having the abilities to access your account and records.
User Accounts. As a condition of your registration for use of the Services, Bride & Groom requires that you provide personal and/or demographic information as part of a registration or log-in process. Additionally, certain features of the Site are exclusively available to our registered users, and to access those areas of the Site you will be required to log in using your username and password. Bride & Groom may delete your account if, in its sole discretion, it deems your username to be offensive or otherwise inappropriate.
You warrant that you provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you acknowledge that you are responsible for keeping that information (inclusive of your contact information) current. The account information you provide must accurately describe you, and cannot be sold, shared, or otherwise transferred by you.
You are responsible for any and all activity occurring when the Site is accessed through your account, whether or not you authorized the access. Consequently, if you create an account, you warrant that you will protect the confidentiality of your account password. Bride & Groom is not liable for any loss or damage arising from your failure to protect your password, account information, and/or other credentials. You agree to promptly notify us of any unauthorized use of your account, breach of security, or other improper disclosure of your account information of which you are aware. We reserve the right to deny access to or terminate your account at any time if we are unable to verify the authenticity of your account information or your compliance with the terms and conditions of this Agreement.
Electronic Communications and Contracting. You agree that your electronic consent to and acceptance of the terms of the Agreement is legally binding. Through your use of the Services, you consent to receive from us, and our applicable affiliates, electronic communications, materials, policies, notices, disclosures, and other notifications. You agree that, as applicable, such electronic communications satisfy any legal requirement that such communications would satisfy if they were in writing.
Use; User Content; Termination.
Communal Areas. Bride & Groom offers a variety of methods by which you can contribute content (“User Content”), including discussion forums, blog posts, guest feedback, user reviews, bulletin boards, photographs, user profiles and other interactive platforms (collectively, “Communal Areas”). You acknowledge your sole responsibility for your use of the Communal Areas and you use the Communal Areas at your own risk. You understand that it is your sole responsibility to ensure your compliance with any third party policy (e.g., employer social media policies) to which you may be bound prior to participating in any Communal Areas of the Site.
Responsibility for User Content. You understand that you are responsible for your User Content, and that once published, its withdrawal may not be immediate. You assume all risks or liabilities associated with your User Content, including any third party’s reliance on its quality, accuracy, reliability, or any disclosure by you of information in your User Content that makes you personally identifiable. You warrant and represent that you own, or have the necessary permissions to make use and authorize the use of your User Content as described herein. You understand that you submit User Content to us without any compensation to you, unless such compensation is established in a separate written agreement between you and us. Under no circumstances may you imply that your User Content is in any way sponsored by us.
You acknowledge and understand that your User Content could expose you to personal liability if, for example, it contains information that is false, intentionally or recklessly misleading, or defamatory; violates any third-party right, including any applicable patent, trademark, service mark, copyright, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including any non-protected speech, pornographic content, or content exploitative and/or harmful to minors.
You further acknowledge and understand that any action or inaction by us or any of our directors, officers, employees, agents, affiliates, or representatives (collectively, “Our Representatives”) to prevent, restrict, redress or regulate content, or to implement enforcement measures against any content, conduct or potential violations of this Agreement is undertaken voluntarily and in good faith. Therefore, you expressly agree that neither Bride & Groom nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of this Agreement. Although Our Representatives may moderate content, conduct and compliance with this Agreement, Our Representatives have no authority to make binding commitments, promises, representations, or warranties to anyone that they or anyone else on our behalf will take action in response to an alleged problem, complaint, or other purported violation of this Agreement. You also agree that Bride & Groom, Our Representatives, and anyone else expressly or impliedly authorized to act on our behalf shall in no circumstance be liable as a result of any representation that Bride & Groom, Our Representatives, and anyone else expressly or impliedly authorized to act on our behalf would or would not restrict or redress any content, conduct or purported violation of this Agreement.
Our Right to Use Your Content. Bride & Groom may use your User Content in any way we deem appropriate, including publicly displaying it, editing and reformatting it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your User Content for any purpose whatsoever. You also irrevocably grant the Site users and any Other Media the right to access your User Content in connection with their use of the Site and Other Media. The term “use” under this subheading, means access, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize and prepare derivative works of your User Content. Lastly, you irrevocably waive, and cause to be waived, against Bride & Groom and its users any claims and/or assertions of rights or attribution in regard to your User Content.
Ownership of User Content. As between you and us, you own your User Content. We own Bride & Groom Content, including but not limited to visual interfaces, interactive features, graphics, designs, photos, videos, text, music, sounds or other material and compilations, including, but not limited to our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other components of the Site (collectively, “Content”), excluding your User Content and Third Party Content. Further, we own the copyrights, trademarks, service marks, trade names, and all other global intellectual and proprietary rights (“IP Rights”) associated the the Content and the Site, which receive protection from copyright, trade, patent, and trademark laws, and all other applicable intellectual and proprietary rights and laws. Accordingly, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Content in whole or in part except as expressly authorized by us in writing. The logo, trademarks, trade names, and service marks owned by Bride & Groom, whether or not registered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in the Services and to the Site and the Content are retained by us.
If you submit or post any materials or Content to the Site, you automatically grant us an irrevocable, perpetual, worldwide, royalty-free, transferrable, assignable, sub-licensable, license, to use, display, modify, distribute, redistribute, publish, adapt, sublicense, and reproduce any Content that you post through the Service, to other users of the Service and to third parties with whom Bride & Groom has a relationship. You further grant Bride & Groom the right to authorize the downloading, saving, and/or printing in whole or in part of any Content that you post to the Site. In connection with each of your Content submissions, you affirm, warrant, and represent that (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, copyright, trade secret, or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and this Agreement; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and this Agreement. In furtherance of the foregoing, you agree that you will not: (a) submit any material (regardless of the form or medium with respect to such content, whether photographs, videos, text, audio, or otherwise) that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including publicity and privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (b) publish falsehoods or misrepresentations that could damage us or any third-party; or (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that advocates or constitutes a criminal offense or gives rise to civil liability. You agree that you shall be solely responsible for your own submissions and the entirety of the consequences of posting or publishing them.
Advertising. Bride & Groom may display advertisements and other information in close proximity to or included within your User Content. You understand that you are not entitled to any compensation for any such advertisements. You further understand that the manner, mode and extent of such advertising are all subject to change without notice to you, and without alteration of any of your rights hereunder.
Other. User Content, including any that may have been created or posted by users employed, partnered, or contracted by Bride & Groom, does not necessarily reflect the opinion of Bride & Groom. We reserve the right to remove, screen, modify, edit, or reinstate User Content at any time at our sole discretion for any reason whatsoever, and without notice to you.
Third Party Content. Bride & Groom, through the Services, may offer the products and/or services of third parties (“Third Party Offerings”). The Services may include hyperlinks, advertisements or other content related to third party websites, products, including Third Party Offerings, services, or storefronts. You acknowledge that you may be redirected automatically to third party websites or services and your usage of such will be governed, pending your acceptance, by their terms or policies, where applicable. You agree that Bride & Groom is not responsible, nor shall we be liable, for verifying the validity or accuracy of any third party content, material, product, including Third Party Offerings, advertisements, websites, hyperlinks, services, or other related materials. You agree that you will not use any third party materials or any Services in a manner that would infringe upon or violate the rights of any other party and that Bride & Groom is not in any way responsible for any such use by you.
Prohibited Uses. Bride & Groom may use screening tools to verify your compliance with the terms of this Agreement, and in the event that we discover any use of the Services that is prohibited by this Agreement, we will promptly take the necessary actions towards content removal, account removal and/ or deactivation, without limitation on our ability to seek any and all legal and equitable remedies.
You acknowledge that each of the following, without limitation, are restricted uses of Bride & Groom Services:
1. posting, transmitting, or otherwise making available, through or in connection with the Services, any material or information that is or may be defamatory, libelous or an invasion of another’s privacy, illegal, threatening, harassing, degrading, abusive or hateful, tortious or fraudulent, pornographic, vulgar, indecent, obscene, sexually explicit, or objectionable;
2. using the Site to post, store or disseminate Content, files, graphics, software, or other material or information that actually or potentially infringes the rights of any person or entity, including without limitation, the proprietary right, privacy right, copyright, trade secret, trademark, or service mark of any person;
3. using the Site to post, store or disseminate any kind of computer virus, trojan horse, or any other malicious, destructive, disabling code or programs designed to interrupt, allow unauthorized access, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment;
4. using any manual or automated software, device, tool or process to “spider” or “crawl” any pages contained in the Site (including, without limitation, the use of robots, bots, spiders, scrapers, or any other means of extracting pricing, product, service, user information, or other data from the Site);
5. using the Site to gain competitive intelligence about Bride & Groom, the Site or any product offered via the Site or to otherwise compete with us or our affiliates; using the information in the Site to create or sell a similar product, service, offering, or information;
6. harvesting or otherwise collecting user information, including, without limitation, email addresses or other contact information of other users;
7. using anything intended to damage or interfere with the proper functioning of the Site and the systems to which it connects or doing anything that interferes with any other user’s use of the Site; framing or otherwise fraudulently simulating the appearance or functions of the Site or any portion thereof;
8. attempting to copy, change, reverse engineer, disassemble, frame, decrypt or translate the Site or otherwise attempt to learn the source code, structure, or ideas upon which the Site is based; attempting to copy, change, alter, or delete any Site Content;
9. using the site to post, store, or disseminate any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, junk mail, pyramid schemes or other fraudulent schemes, or any other form of unauthorized solicitation;
10. attempting to gain or gaining unauthorized access to the Services or other user accounts by way of password mining or other means;
11. providing use of the Services to a person or entity that is not a registered user of the Services other than in the context of your use of the Services as permitted under the Agreement;
12. removing or altering any copyright, trademark, or other proprietary rights notice from the Site or Content or materials originating from the Site;
13. using the site engage in any activity that, as determined by us, may intentionally or unintentionally violate this Agreement, violate any other applicable laws or regulations or conflict with the intent or spirit of this Agreement.
Termination. Bride & Groom may terminate this Agreement at any time, which includes the cancellation of your registered account and the termination of your access to the Services. We retain the right to terminate your registered account with or without notice to you. Termination of your registered account may also occur if we determine that you have engaged in any unauthorized use of the Site, the Services, or any Third Party Offering. Further, we reserve the right to terminate or suspend, at any time, your account for violation of any provision of this Agreement. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
Intellectual Property.
Bride & Groom’s Intellectual Property. You understand and agree that we own the rights, title, and interest in the intellectual property relating to Bride & Groom and the Services, including, without limitation, all copyrights, trade names, trademarks, service marks, logos, graphics, software, data and documentation. You agree to assign to us any and all rights to any digital content compilation created, shared, or posted by you, and you understand that your exclusive and sole right to any such content shall be the right to use the content for purposes of your use of the Services. You expressly agree not to modify, copy, disassemble, reverse engineer, rent, transfer, resell, relicense, remove or export any software owned by us or our affiliates and/or agents. Unless you receive our prior written consent, you may not make use of or reproduce any intellectual property owned by us, our affiliates, and/or our agents. Your use of the software and the Services is through a non-exclusive usage right subject to the terms of this Agreement. Any other or unauthorized use is prohibited and may expose you to criminal and civil liabilities.
Property of Third Party Offering Developers and Licensors. Bride & Groom may permissively display other logos, graphics, copyrights, trade names, trademarks, or service marks which we do not own, for purposes related to the provision of the Services. You acknowledge that you are not granted any right or license to use any of the aforementioned protected materials of third parties by virtue of you having a registered account with us.
Privacy.
Your Privacy. Bride & Groom’s Privacy Policy is located on the Site and is incorporated herein by reference. You agree to allow us to collect, sell, and use data and other information you and your use of the Site and the Services in accordance with and pursuant to our Privacy Policy.
Permission to List as a User of Bride & Groom. You consent to Bride & Groom’s inclusion of your name and profile information in its compilation list of registered members.
Copyright.
Copyright Infringement Notice. If you are the owner of a copyright who believes in good faith that your copyrighted material has been reproduced, posted or otherwise distributed on the Site in a manner that constitutes copyright infringement, please inform us by sending written notice via U.S. Mail that contains all of the following: (a) description of the copyrighted work that has purportedly been infringed, (b) a detailed description of where the material that has purportedly been infringed is located on the site, (c) your full name, address, telephone number, and email address, (d) 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, (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and complete and that you are the copyright owner or are authorized to act on the copyright owner’s behalf, and (f) a physical or electronic signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest. Please place in the subject line of the communication “Copyright Infringement,” and forward to the address below:
hello@brideandgroom.com
We have a policy of terminating the Site usage privileges of users who infringe intellectual property rights.
Indemnification; Disclaimers; Limitation of Liability.
Indemnification. You agree to indemnify, defend and hold us and Our Representatives harmless from and against any liabilities, claims, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the Site, your submissions to the Site, or any violation of this Agreement, or applicable law, by you or by someone accessing the Site from your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense, and hold harmless obligation will survive this Agreement and the termination of your use of the Site.
Disclaimers and Limitations of Liability. PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU. Each of the subsections below applies to the maximum extent permitted by applicable law. Nothing herein is intended to limit any of your existing rights which may not be lawfully limited. IF YOU DO NOT UNDERSTAND THIS OR ANY OTHER SECTION OF THIS AGREEMENT, PLEASE CONSULT WITH LEGAL COUNSEL PRIOR TO ACCESSING OR USING THE SITE, AS BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO ALL OF THE TERMS OF THIS AGREEMENT.
1. THE SITE AND THE SERVICES ARE AVAILABLE TO YOU ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, with the understanding that Bride & Groom may or may not monitor, control, or vet user content. CONSEQUENTLY, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. We make NO CLAIMS, REPRESENTATIONS, WARRANTIES, COVENANTS, OR PROMISES about the quality, accuracy or reliability of the Site, its content, or its safety or security. WE ARE NOT LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR HARM THAT MIGHT ARISE, FOR REASONS NOT LIMITED TO THE SITE’S UNAVAILABILITY, INOPERABILITY, SECURITY VULNERABILITIES, OR FROM YOUR RELIANCE ON THE QUALITY, RELIABILITY, OR ACCURACY OF THE PRODUCT AND/OR SERVICE LISTINGS, RATINGS, REVIEWS, DATA, METRICS OR OTHER FILTERS MADE AVAILABLE THROUGH THE SITE. The site may be inaccessible or inoperable for any reason, including, without limitation: (a) periodic maintenance procedures, (b) equipment, network, or software malfunctions, (c) causes beyond our control or which are not foreseeable by us. Company will not be liable for failure to provide access to the site for any reason whatsoever.
2. We do NOT MAKE ANY PROMISES, CLAIMS, WARRANTIES, REPRESENTATIONS, OR COVENANTS with respect to ANY THIRD PARTY, such as the vendors, businesses, or advertisers on the Site, or the Site’s users. WE ARE NOT LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR HARM THAT MAY ARISE FROM THE ACTIONS OR OMISSIONS OF THESE THIRD PARTIES, including but not limited to, the misuse of your content or personal account information by another person or entity, or any negative experience you may have with any third party who is using, listed on, or advertising through the Site. YOU ACKNOWLEDGE that your use and purchase of Third Party Offerings stemming from use of the Site is AT YOUR OWN DISCRETION AND RISK.
3. To the maximum extent allowed under applicable law, Bride & Groom EXPRESSLY DISCLAIMS ALL express or implied WARRANTIES, including but not limited to warranties as to the services or products offered by businesses or advertisers included on the Site, and implied warranties of fitness for a particular purpose, merchantability, and noninfringement. Further, UNDER ABSOLUTELY NO CIRCUMSTANCES SHALL ANY INFORMATION OR ADVICE, whether written, oral, or otherwise, provided to you by us or Our Representatives CREATE A BINDING REPRESENTATION OR WARRANTY.
4. YOUR EXCLUSIVE AND SOLE REMEDY arising from any grievance or dissatisfaction with the Site shall be your VOLUNTARY TERMINATION AND DISCONTINUATION OF ACCESS TO, AND USE OF THE SITE. To the maximum extent allowed by law, IN NO EVENT SHALL our TOTAL LIABILITY to you for ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (whether in contract, tort, or otherwise) EXCEED (i) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE, OR (ii) ONE THOUSAND U.S. DOLLARS ($1000), whichever is lesser. We EXPRESSLY DISCLAIM ANY LIABILITY for COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (even if we have been advised of the possibility of such damages).
Miscellaneous.
Independent Contractors. The parties are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other.
Advertisements. Bride & Groom disclaims any and all liability for the advertisements you may receive or any actions that you may take or refrain from taking as a result of any advertisement directed to you or any other user, from any third party directly or indirectly in connection with or through your access to the Site, the Services, or any Third Party Offering. It is your sole responsibility to assess and verify the identity and trustworthiness of the source and content of any such third party advertisement. We do not assume responsibility for verifying the trustworthiness of the source and/or the content, and we make no representations or warranties regarding the identity or trustworthiness of the source of the content of any third party advertisement.
Applicable Law; No Waiver; Severability. These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States of America and the State of Texas, without giving effect to any principles of conflict of law. Any failure by us to exercise or enforce any right or provision of this Agreement will 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, you and we nevertheless agree that the court should endeavor to give effect to the intentions reflected in such provision, and that the other provisions of this Agreement will remain in full force and effect.
Jurisdictional Issues. The Site is operated, controlled, and maintained in the United States of America, and unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not warrant or represent that materials on the Site are appropriate or available for use in other locations. If you access the Site from other locations, you are responsible for complying with local laws and ordinances, to the extent they are applicable.
Equitable Relief/ Fees. The parties agree that breach of the provisions of this Agreement, including, but not limited to, the unauthorized use of the Site or Content, would cause irreparable harm and substantial injury to Bride & Groom which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that we have the right to enforce the provisions of this Agreement by injunction (without the necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement. If any action in equity or in law is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and supersedes any and all prior or contemporaneous communications, statements, representations, and understandings, written or oral, between the parties concerning the Site. The captions, headings, and subheadings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
Force Majeure. If the performance of any part of this Agreement by either party (other than the payment of money) is prevented, delayed, hindered or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
Notice. Unless otherwise provided in this Agreement, all notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or email to either party’s last known post office, facsimile or email address, respectively. You hereby consent to notice by email. Bride & Groom and Our Representatives may send you via such email address all of the following, without limitation, (a) Company newsletters, (b) product updates, (c) service-related information and other offers, and (d) information from us or our business partners, and you hereby consent to such emails. We also may contact you by email to respond to any customer service or other inquiries you submit.
Contact. This Site is operated by Bride & Groom, Inc. All inquiries may be directed to us at hello@brideandgroom.com.