Terms of Use

OurWeddingDay.com is operated by OurWeddingDay.com LLC, which is a Limited Liability Company registered in Delaware. The Terms of Use, incorporating the Privacy Policy, is a legal binding contract between You and OurWeddingDay.com LLC. By using OurWeddingDay.com, You acknowledge that You have read, understood, and agree to be bound by the Terms of Use.

1. Definitions

In the Terms of Use, the following terms have the following meanings:

1. "The Company" means OurWeddingDay.com LLC, which is a Limited Liability Company registered in Delaware.
2. "Partners" means third parties who provide products and services, whether under contract with The Company or otherwise.
3. "Website" means the OurWeddingDay.com website available at the URL www.OurWeddingDay.com.
4. "Wedding Websites" means personalized wedding websites created by a Registered User, made available through the Website.
5. "Registered User" means a user who registers with OurWeddingDay.com.
6. "You" means a User of the Website or Wedding Websites (whether or not a Registered User, and specifically including persons submitting guest book messages for use in the Website or a Wedding Website), not being a Minor.
7. "Minor" means any person under the age of 18.

2. User License

1. You are licensed to access and use the Website and Wedding Websites solely for personal purposes in accordance with the terms set out in the Terms of Use.
2. Use for commercial purposes and any re-publication of the Website or content on the Wedding Websites is strictly prohibited, and You agree that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that The Company may obtain an injunction to prevent the same.
3. Software may be made available in connection with the Website and Wedding Websites, which You may be permitted to access or download. You may only download, copy, reuse or distribute software provided by the Website or Wedding Websites where it is clearly stated in connection with software that it is made available for offline use and a license for that use is provided in connection with that software.

3. Website and Wedding Websites Content

1. It is the intention of The Company to make its own services and those of The Company's third party licensor(s) available to You.
2. It is also the intention of The Company to make personalized Wedding Websites available on a month-by-month basis or in perpetuity through the Website or otherwise, and to take reasonable measures to protect and preserve the content submitted by You.
3. All intellectual property rights (including trade or service marks, copyright and patents) in and relating to the Website and the content displayed on the Wedding Websites (other than contributions of Users) are owned by The Company, or by The Company's third party licensor(s), and may not be used for any purpose other than for reasonable, non-commercial use, consistent with the terms hereof, without the express written consent of The Company or the owner of the intellectual property rights (as applicable).
4. You warrant that You own (and own all intellectual property rights to) all material You post to the Website, Wedding Websites or elsewhere or have the right to post such material and the right to grant The Company the license set out in the Terms of Use. In particular, all personal information about others that You post must be done with the full consent of those others, or must otherwise be lawful.
5. You grant The Company a non-exclusive perpetual worldwide royalty-free license in its absolute discretion to host, distribute, edit or remove any part of the material posted to the Website, Wedding Websites or elsewhere.
6. You are solely responsible for all content that You post to the Website, Wedding Websites or elsewhere. You may not post, and The Company may in its absolute discretion remove, any content that it believes:
7. 1. constitutes pornography or is otherwise obscene, indecent, sexually explicit, morally repugnant, or harmful to minors;
   2. is defamatory of a real or legal person, or of goods or services;
   3. violates a person's privacy or other rights relating to personal information;
   4. depicts violence, incites violence, threatens violence, contains harassing content, hate speech, or incites racial or ethnic hatred;
   5. is blasphemous or incites religious hatred;
   6. impersonates or falsely attributes material to any person or entity;
   7. discloses confidential or proprietary information of another person;
   8. is discriminatory in any way, including by way of sex, race or age discrimination;
   9. might infringe another person's copyright, trade or service mark, patent, or other intellectual property right;
   10. creates a risk to safety or health, or compromises national security or official secrets;
   11. The Company deems to be, offensive, immoral or illegal;
   12. is otherwise malicious, fraudulent, or may result in the reputation of the Website, the Wedding Websites, or The Company being damaged;
   13. is otherwise illegal or solicits conduct that is illegal under laws applicable to You or The Company;
   14. otherwise violates the Terms of Use.
8. You must not upload, post or otherwise transmit to the Website, Wedding Websites or elsewhere any material that contains software viruses or any other computer code, files or programs that might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or do any other act which causes or contributes to the same.
9. Upon submission of content to the Website, Wedding Website or elsewhere, the content may be automatically screened using dictionary software for detecting indecent or offensive words or manually screened by a Registered User.
10. Any content submitted by You that is deemed to be in breach of the Terms of Use will result in the content being removed, even if You have paid to use the services provided through the Website, Wedding Websites or elsewhere.
11. Activity that is brought to our attention, which appears in our sole judgment to violate the law, may be brought to the attention of the proper authorities.

4. Communications with Users

1. The Company or the Registered Users may send You communications, such as service announcements, administrative messages, e-Cards and Newsletters. It is a condition of becoming and remaining a Registered User that You agree to receive these communications.
2. The Company, through its own communications and communications sent by You, may provide marketing opportunities to its partners. The limitations on liability set out in the Terms of Use apply to the fullest extent in relation to all material contained in all communications. The Company makes no representation or warranty express or implied concerning any goods or services offered or provided by any third party and You agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from The Company.

5. No Warranty; Liability and Indemnity

1. The Company provides all content on the Website, Wedding Websites and elsewhere "AS IS" and without any warranty of any nature whatsoever (whether express or implied, including, without prejudice to the generality of the foregoing, warranties of merchantability or fitness for a particular purpose), nor (without prejudice to the comprehensive nature of the foregoing) does The Company make any representations concerning the suitability, reliability or accuracy for any purpose of the Website, Wedding Websites or elsewhere or the contents. In particular, without prejudice to the foregoing, The Company shall not be liable in any manner whatsoever for any act, omission, occurrence, failure or event in, relating to, connected with or concerning any wedding or similar event which is the subject of any Wedding Website; and The Company makes no warranty that its Website or services will be uninterrupted, timely, secure or error free, or that the Website or its server is free of viruses or other harmful components; nor does it make any warranty regarding any software, goods, services, special offers, or the delivery, quality, accuracy, timeliness, completeness, or reliability of any software, goods or services purchased, accessed or obtained through, or advertised through, the Website. No advice or information, whether oral or written, obtained from The Company or through the Website will create any warranty not expressly made herein.
2. The Company shall not be liable in contract, tort (including negligence), or otherwise, for direct, consequential, indirect, or punitive loss or damages, loss of business or business information, business interruption, loss of profits or anticipated savings, loss of contracts or loss of or damage to data, or for pure economic loss, regardless of whether any such loss or damage would arise in the ordinary course of events or otherwise or is reasonably foreseeable or is otherwise in the contemplation of the parties. In addition, The Company cannot be held liable for any content that is posted by Users to the Website, Wedding Websites or elsewhere. You acknowledge and agree that it would not be possible for all such content to be perfectly screened, and You agree to take the risk that content may be posted which violates your rights or contains errors or inaccuracies, without any recourse against The Company.
3. You will indemnify The Company from and against any damage, whether direct, indirect or consequential, loss of data, restriction or loss of access or technical errors (including attorneys's fees and costs) resulting from your actions (including resulting from the content posted by You or others on the Website, Wedding Websites or elsewhere).
4. Any material obtained through the use of the Website, Wedding Websites or elsewhere is obtained at your own risk, and You are solely responsible for any damage to or the destruction of your computer system or loss of data or any other damage whatsoever that results from the download of any such material in its original form or as a result of any virus infection.
5. Nothing in the Terms of Use limits The Company's liability for anything which may not be limited under the law applicable to the Terms of Use. Any statutory rights You may have under consumer protection legislation remain unaffected.
6. In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. The Company provides a comprehensive service at no or minimal cost and, having considered all matters, You agree that the limitations of liability set out in the Terms of Use are fair and reasonable.
7. If You are dissatisfied with the Website, Wedding Websites or products and services provided by The Company's partners, or do not agree to any of the terms of the Terms of Use, your sole and exclusive remedy is to discontinue using the Website, Wedding Websites or partners' products or services.

6. Minors

1. The consent of a parent or guardian shall be required before any Minor can use the Websites. Use of any part of the Websites is confirmation that the person is an adult or is a Minor who has received permission from a parent or guardian to use the Websites
2. The consent of a parent or guardian shall also be required before any Minor can become a Registered User.
3. The Company cannot be held responsible for misuse of a Registered User's information; nor shall it be held liable in the event that a Minor falsely claims to be 18 or over.

7. Registration and Security

1. As part of the registration process to register an Account, You will submit personal information and select a password. You must provide The Company with accurate, complete, and updated personal registration information. If you choose to create a Wedding Website, You must not use a web address that The Company, in its sole discretion, deems offensive or otherwise inappropriate.
2. You may choose to invite additional users to access your Account. By accepting your invitation, each additional user must also become a Registered User. You acknowledge and agree that under no circumstances can The Company be held liable for any acts or omissions by an additional user you have invited to register under your Account.
3. You shall notify The Company immediately of any known or suspected unauthorized use(s) of the Website or Wedding Websites, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You will be responsible for maintaining the confidentiality of your password. You acknowledge and agree that under no circumstances can The Company be held liable for any acts or omissions by a Registered or other User of the Websites.

8. Hosting Fees

1. When You register an Account, You will be given free access to OurWeddingDay.com's Wedding Planning services.
2. If you choose to create a Wedding Website, you will receive a 30 day free trial. After your free trial has expired, your Wedding Website may be limited in content and functionality or will be deactivated completely at the discretion of The Company.
3. Following a Wedding Website 30 day trial period, The Company charges a month-by-month subscription hosting fee or a one-time lifetime hosting fee. If You are paying a month-by-month subscription hosting fee, you may convert this at any time to a lifetime hosting subscription by paying the applicable fee. If You are paying a month-by-month subscription hosting fee, your Wedding Website may be deactivated and blocked from further access six months after your wedding date, unless you convert to a lifetime hosting subscription. If your Wedding Website is deactivated, The Company will offer you the opportunity to re-activate it on the same terms and conditions, and for payment of not more than the same fee, that The Company offers to other Registered Users. Fees can be paid at any time during or up to a maximum of six months after the trial period by You or by a third party.
4. The Company reserves the right to change its subscription or hosting fees at any time, in accordance with your statutory rights.
5. Subject to the terms of the Terms of Use, trial and paid for Wedding Websites created by Registered Users via the Website are available to be viewed online at no charge.
6. All trial and paid for Wedding Websites can be edited for free at any time, unless a Registered User's trial period has expired and they have not become a paid Member.

9. Termination

1. The Company shall have the right to edit or delete your content and/or terminate the Terms of Use and/or your access to the Website or Wedding Websites, at any time without notice in its absolute discretion. Without limitation to the generality of the foregoing, the Company shall have the right to edit or delete your content and/or terminate the Terms of Use, and/or your access to the Website or Wedding Websites, at any time without notice in the event that:
2. 1. You breach any term of the Terms of Use;
   2. technical or other issues mean that it is no longer practicable for The Company to continue to operate the Website or Wedding Websites in whole or part.
   3. The Terms of Use shall automatically terminate in the event that You unsubscribe from the services provided via the Website or Wedding Websites or from the communications sent to you from The Company or a Registered User.
   4. A Registered User may at any time ask The Company to delete without charge an Account or Wedding Website created by that User.
   5. Upon termination of the Terms of Use or access to the Website or Wedding Websites (for whatever reason), there shall be no refund of money paid to The Company unless The Company receives written notice to provide a refund within 30 days of the first payment made. No refund will be given if the Registered User's wedding date falls within 30 days of the first payment made.

10. General

1. The parties agree to refer disputes of any sort whatsoever, arising out of or relating in any way to the subject matter of this agreement, to arbitration in New York administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Nothing in this Clause shall prevent The Company from seeking injunctive relief. Any action hereunder shall be brought within one year of the date when the cause of action arose.
2. Correspondence must be sent by post to: OurWeddingDay.com LLC, 221 West 17th Street, 4th Floor, New York, NY 10011, United States of America, or by email to help@ourweddingday.com.
3. The Terms of Use, which incorporate our Privacy Policy, constitute the whole of the legal contract between You and The Company, and supersede any other communication, written or oral, with regard to the subject-matter hereof.
4. The Terms of Use shall be governed by and construed in accordance with New York law.
5. In the event that any term of this agreement is held to be invalid or unenforceable by any arbitration, or other binding decision, the remainder of this agreement shall remain valid and enforceable.
6. The Company reserves the right to assign this agreement, and to assign, license or subcontract any or all of our rights and/or obligations under this agreement. You may not without the written consent of The Company assign, license or subcontract this agreement or any of your rights or obligations under it.
7. The Company reserves the right to update and change the Terms of Use, and the Website, from time to time without notice or acceptance by You. If any portion of this agreement or any change of this agreement of the Websites or Wedding Websites is unacceptable to You or will cause You to no longer be in compliance with the agreement, You may discontinue use of the Website or Wedding Websites at any time. Continued use of the Website or Wedding Websites now or following changes in this agreement implies that You have read, accepted and are bound by the changes.
8. The Company shall not file a specific copy of the Terms of Use with You.
9. The Terms of Use are only available in English.
10. The failure of The Company to enforce any right or provision hereof shall not be deemed to be a waiver of any such right or provision.
11. No third party shall be a beneficiary of the contract created by your acceptance of the Terms of Use and Privacy Policy.
12. To the extent applicable and appropriate, these Terms of Use, and in particular section 5 hereof, shall survive termination.
    
    

Last Updated on November 19, 2009