By accessing or using the justthelist.com website or the hellowedding.com website (the “Websites”), you agree to abide by these terms and conditions of use. If you do not agree to abide by these Terms and Conditions of Use (“Agreement”), please do not access or use this website. If you are accessing or using the Websites on behalf of a business or other entity, by access or use, that business or entity accepts these terms and you warrant that you are authorized to accept these terms on behalf of that business. This Agreement is effective as of the date you access the Websites and, each time you access or use the Websites, you agree to abide by these terms and condition as the date of your use or access.
By accessing the Websites or becoming a member, you consent to have this Agreement provided to you in electronic form.
You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please Contact Us online or send a letter and self-addressed stamped envelope to: 166 Elizabeth St. #5B, New York, NY 10012.
The Websites includes a number of wedding related services (“Services”) such as personalization, and ancillary but helpful tools, all made available after registration. You agree to provide accurate and current information for such registration, and to update such information completely and timely as needed. User agrees not to deceive or obfuscate in making such registration.
A user’s IP address is recorded upon the creation of a wedding website account. If a visitor to the Websites submits an entry on such User’s wedding website (i.e. a guestbook or RSVP entry), the IP address that is associated with that visitor may be recorded with the entry submitted by that visitor in the user’s wedding website account.
The Company does not warrant the accuracy, currency or completeness of the information or the reliability of any advice, opinion, statement or other materials displayed on, or distributed through, the Websites or regarding the Services. The information set forth in the Websites may contain inaccuracies and typographical errors. You acknowledge that any reliance on any such opinion, advice, statement, memorandum or materials shall be at your sole risk. The Company does not provide any warranty, representation or user assurance as to the completeness or accuracy of data downloaded or information obtained or from or available on the Websites. The Company does not provide any warranty, representation or user assurance that your use of the Websites, results you may obtain from use of the Websites, or material, information, or data downloaded or otherwise obtained from the Websites will be uninterrupted, timely, without delays, secure, error free, or will meet any user's requirement.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND THE INFORMATION AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS.” WHERE PERMITTED BY LAW, THE COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.
By accessing and using the Websites, you, and any other person or entity on behalf of whom you are accessing the Websites, agree to indemnify the Company and any parent, subsidiary or affiliated entities, and their respective members, managers, partners, shareholders, officers, directors, employees, representatives and agents (“Indemnified Persons”), and hold them harmless from any and all claims and expenses, including without limitation attorney’s fees, arising from your use of the Websites. In addition, you hereby release each of the Indemnified Persons from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes. You hereby agree to waive all laws that may limit the efficacy of such releases. If you are a California resident, you waive California Civil Code § 1542, which states “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.”
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS OR DIMINUTION OF VALUE ARISING OUT OF OR IN CONNECTION WITH THAT ARE RELATED TO OR ARISE IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE INFORMATION, CONTENT, MATERIALS, AND FUNCTIONS OF THIS WEBSITE OR ANY LINKED WEBSITE, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF THE COMPANY FOR ANY CLAIM MADE UNDER THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICES ON THIS WEBSITE, OR, AT OUR ELECTION, TO SUPPLYING YOU THE SERVICES AGAIN.
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection and arrangement of content in any medium on the Websites are copyrighted by the Company, unless otherwise noted. The distinctive and original layout and presentation of the Websites also constitutes protectable trade dress under applicable federal law. In addition, proprietary names and marks belonging to the Company may appear throughout the Websites.
The Websites may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to the Company or any third party is strictly prohibited to the fullest extent of the law.
You may not copy or display for redistribution to third parties any portion of the Websites without the prior written permission of the Company.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Websites. Under no circumstances will the Company or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Websites or transmitted to or by any users.
In the event the Websites provides links to other websites, if you use these sites, you will leave the Websites. If you decide to visit any linked site, you do so at your own risk. In addition, third-party sites may be linked to the Websites, with or without our consent. The Company makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any websites linked to or from the Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Company endorses, is affiliated or associated with, the owner of such linked websites or that the Company is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates.
If you operate another website and are interested in linking to our Website, you agree to be bound by the following rules: (i) the link must be a text-only link clearly marked; (ii) the link must “point” to the URL “justthelist.com” or “hellowedding.com” and not to any other pages; (iii) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of the Company; (iv) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with the Company's names and marks; (v) the link, and use thereof, may not create the false appearance that an entity other than the Company is associated with or sponsored by the Company; (vi) the link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and (vii) the Company reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these terms and conditions of use or through other notice.
You are solely responsible for the Content (as defined below) in that you publish or display (hereinafter, “post”) on the Websites, or transmit to other users. You will not post on the Websites, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other user. If information provided to the Company, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.
You understand and agree that the Company may review and delete any content, messages, or blog posts (collectively, “Content”), in each case in whole or in part, that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users.
By posting Content to any public area of the Company, you automatically grant, and you represent and warrant that you have the right to grant, to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by the Company will not infringe or violate the rights of any third party.
The following is a partial list of the kind of Content that is illegal or prohibited on the Websites. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
Your use of the Service, including but not limited to the Content you post on the Websites, must be in accordance with any and all applicable laws and regulations.
You may not engage in advertising to, or solicitation of, other users. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Websites or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other users. Although the Company cannot monitor the conduct of its users off the Websites, it is also a violation of these rules to use any information obtained from the Websites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.
The Company shall respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a notice of claimed infringement to the Company’s designated agent by email at [email protected] or by mail at 166 Elizabeth Street #5B, New York, NY 10012. The notice must contain, at least, the following information:
The Company reserves the right to investigate and terminate your membership if you have misused the Websites, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Websites:
In order to protect the integrity of the Service and Website, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Websites.
You are solely responsible for your interactions with other the users. The Company reserves the right, but has no obligation, to monitor disputes between you and other users.
The Company is not responsible for any incorrect or inaccurate Content posted on the Websites or in connection with the Service, whether caused by users of the Websites, by any of the equipment or programming associated with or utilized in the Service. The Company is not responsible for the conduct, whether online or offline, of any user of the Websites or member of the Service. The Company 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, user or member communications. The Company 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 email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Websites or the Service, any Content posted on the Websites or transmitted to users, or any interactions between users of the Websites, whether online or offline. The Websites and the Service are provided “AS-IS” and the Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Websites and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Websites is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Websites. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
You hereby agree and acknowledge that your provision of services and/or your use of the site, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate the Company in any manner whatsoever.
We reserve the absolute right to reject your participation, or remove you from your current participation, in the Websites at any time and for any reason or for no reason and without notice to you. Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the terms of this Agreement; your creation, maintenance and/or management of more than one account; your non-payment in full any unpaid fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of users; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a user.
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that the Company would be materially damaged by your disclosure or Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that the Company shall be entitled to injunctive relief.
By accessing or using the Websites, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the Websites and any Services. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in the Websites to countries or persons prohibited under the export control laws of the United States. The Company makes no representation that the content on the Websites is appropriate or available for use outside the United States. If you have chosen to access the Websites from outside the United States, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.
This Agreement shall be governed by the laws of the State of Delaware, without giving effect to its conflict of laws provisions. These terms and conditions of use constitute the entire agreement between the Company and you with respect to your use of the Websites. To the fullest extent permitted by applicable law, you agree that these terms and conditions of use and any other documentation may be provided to you electronically. Any claim you may have with respect to your use of the Websites must be commenced within one (1) year after the claim or cause of action arises. You agree that any claims arising out of or relating to these terms or your use of the Websites will be litigated exclusively in the federal or state courts located in New York, New York, USA, and you and the Company consent to personal jurisdiction in those courts, and you agree to waive a trial by jury.
This Agreement and all related agreements between the Company and you are personal and unique to each party, and each party agrees that it will not directly or indirectly attempt to form, aid or abet, or certify a class action or similar group of plaintiffs whether or not constituting a class against the other party.
If any provision hereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder shall continue in full force and effect.
In any action or proceeding instituted by a party arising in whole or in part under, related to, based on or in connection with this Agreement or the subject matter hereof, the prevailing party will be entitled to receive from the losing party reasonable attorney's fees, costs and expenses incurred in connection therewith, including any appeals therefrom.
Information displayed on the Websites is subject to modification without notice. The Company reserves the right to modify the Websites without any obligation to notify past, current or prospective Website users. The Company may also terminate, suspend or discontinue any aspect of the Websites, including your use, the availability of any features of the Websites, at any time. We may also impose limits on certain features and services or restrict your access to parts of or the entire Website without notice or liability.
This Agreement may be agreed to by electronic means (including without limitation as permitted by the National Commerce Act, 15 U.S.C. § 7001 et seq, as amended from time to time).