Terms of Use
OurWeddingDay.com is the ultimate online wedding planning resource, with the most
comprehensive tools and services delivered with personalized assistance.
This Terms of Use, which may be updated without notice at any time, provides registered
and non-registered users with information that they should be aware of before enjoying
OurWeddingDay.com and any parts or sections thereof (including but not limited to
all content, message boards, vendor contact forms, user profile information, databases,
posts, messages, photos and graphics).
"The Company" (which includes, but is not limited to OurWeddingDay.com LLC) assumes
no responsibility for user's ability to access The Company, or any liability for
the failure to store or maintain any user communications or personal settings.
1. User Agreement
By visiting or using The Company users are also accepting the Terms of Use provided
here, and are bound to them. It is a binding contract between user and The Company,
and includes the following conditions:
a) Any personal information provided by the user is accurate and complete, and updated
when appropriate to keep it accurate and complete.
b) The Company is intended solely for personal use, and any commercial use or re-publication
of any aspect of The Company or its contents is strictly prohibited.
c) The Company enjoys a diverse audience, and as such requires all users to behave
respectfully to others in regard to (but not limited to) messages, displays, posts,
and images within or in connection with The Company.
d) The Company is intended for to-be-weds and their friends and family, and accordingly
leaves the responsibility to legal guardians to determine whether any section or
part of The Company is appropriate for minors.
e) In addition to this Terms of Use, when using a particular area or The Company,
users are also bound by the posted guidelines and rules for that particular area.
2. Content
The Company provides its own services and those of its third party licensor(s) to
users and takes reasonable measures to protect and preserve the content submitted
by users.
All writing in or in relation to The Company is copyrighted property of David's Bridal, and is protected as such.
All intellectual property rights (including trade or service marks, copyright and
patents) in and relating to The Company (with the sole exception of user contributions)
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 without the
express written consent of The Company or the owner of the intellectual property
rights (as applicable).
Users warrant that they own all material and intellectual properties they contribute
anywhere in or in relation to The Company, and have the right to post such material
and the right to grant The Company the license set out in the Terms of Use.
It is the responsibility of the user to obtain any and all consent regarding the
posting of personal information of others, and to adhere to any applicable state
and federal laws regarding such information.
Users 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 or in relation to The Company.
Users are solely responsible for all content that they post on or in relation to
The Company. The Company may in its absolute discretion remove any content that
it believes to be (but not limited to) harmful, illegal, immoral, defamatory, intolerant,
disrespectful, malicious, fraudulent, solicitous, discriminatory, or creates a risk
to safety or health.
Users must not upload, post or otherwise transmit to or in relation to The Company
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. Users accept sole responsibility to any repercussion
to doing so, due to violation of this Terms of User.
Activity or content which appears in The Company's sole judgment to violate the
law may be brought to the attention of the proper authorities.
3. Communications
The Company and third party licensor(s) may send communications, such as (but not
limited to) service announcements, administrative messages and newsletters. It is
a condition of becoming and remaining a user that these communications are permitted.
Users have free range to send communications such as (but not limited to) e-cards
and article links to any persons of their choice.
The Company uses third party advertising companies and advertising networks to serve
ads to users on The Company's behalf on OurWeddingDay.com. These companies may use
information regarding user visits to The Company as well as other websites. For
more information about this practice and options for not having this information
shared, users may visit http://www.networdadvertising.org/optout_nonppii.asp.
The Company may provide marketing opportunities to its partners through direct communication
with users. The Company make no representation or warranty concerning any goods
or services offered or provided by any third party; users assume the responsibility
of any recourse for dissatisfaction or problems with those goods and services.
4. Warranty, Liability and Indemnity
The Company is provided to users "AS IS" and without any warranty (whether express
or implied) of (but not limited to) merchantability or fitness for a particular
purpose, nor any other representations concerning the suitability, reliability or
accuracy for any purpose contained therein. In particular, 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,
and The Company makes no warranty that its services will be uninterrupted, timely,
secure or error free, or that The Company 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 Company. No advice or information, whether oral or written, obtained
from or in relation to The Company will create any warranty not expressly made herein.
The Company shall not be liable in contract 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, is reasonably
foreseeable or is otherwise in the contemplation of the parties.
The Company cannot be held liable for any content that is posted by the users to
or in relation to The Company.
In some jurisdictions, limitation or exclusion of liability is only permitted where
such limitation is fair and/or reasonable. After considering all matters, users
agree that the limitations of liability set out in this Terms of Use are fair and
reasonable. Any statutory rights users may have under consumer protection legislation
remain unaffected.
The sole and exclusive remedy of any users dissatisfied with The Company, its partners
or this Terms of Use is the discontinuation of use of The Company, its Partners
and its services.
5. Registration
Upon account registration, users will submit accurate, complete, and updated personal
information and select a password.
Any Wedding Websites created must not feature content or a web address that The
Company, in its sole discretion, deems offensive or otherwise inappropriate.
Additional users invited and/or given access to a users account are the responsibility
of the primary user, and The Company is not liable for any acts or omissions of
the guest under any circumstances.
Users must notify The Company immediately of any known or suspected unauthorized
user(s) of or in relation to The Company, or any known or suspected breach of security
(including but not limited to loss, theft, or unauthorized disclosure of personal
information). Users will be responsible for maintaining the confidentiality of their
password, and must acknowledge and agree that under no circumstances can The Company
be held liable for any acts or omissions by a registered or non-registered user.
6. General
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.
The Terms of Use constitute the whole of the legal contract between user and The
Company , and supersede any other communication , written or oral, with regard to
the subject matter hereof.
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.
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.
Users may not (without the written consent of The Company) assign, license or subcontract
this agreement or any of their rights or obligations under it.
If any portion of this agreement (or any change to this agreement which may occur
without notice and at any time) is unacceptable or will cause a user to no longer
be in compliance with the agreement, the user may discontinue The Company's services
at any time. Continued use of or in relation to The Company implies that user have
read, accepted and is bound to this Terms of Use.
The Terms of User are only available in English.
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.
No third party shall be a beneficiary of the contract created by user's acceptance
of the Terms of Use.
To the extent applicable and appropriate, this Terms of Use shall survive termination.
Last Updated on November 19, 2009