Wedding Realm Terms of Use

Wedding Realm | Terms

These Terms of Use ("Agreement") describe the terms and conditions (the "Terms") applicable to your use of the services of Bridal Trousseau, LLC Doing Business As Wedding Realm (" WR" or “We”), available at www.wedding-realm.com (the "Site"). By using the Site, you signify your acceptance of these Terms. If you do not agree to these Terms, please do not use this Site. WR reserve the right to amend these Terms from time to time without notice. All modified terms and conditions shall take effect immediately after posting to the Site. WR encourages you to review this page periodically because any changes will be binding on you. This Agreement may not be modified, amended, and/or changed by you in any manner. These Terms of Use supersede any prior Terms of Use and apply to all visitors, users, vendors (including, without limitation, venues), Gift Givers (as defined below) and others who use or access the Site (all of the foregoing, collectively “Users”).

 

Certain features, products or software that you purchase or download from the Site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. When you decide to enter a contest, sweepstakes or similar promotion or offer, we present the terms and conditions for the contest or sweepstakes to you. In addition, the Site is hosted or provided by our third-party host or service providers and are subject to additional terms and conditions of use, which are posted within those areas or on such third parties’ websites.

NOTE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "BINDING ARBITRATION" SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE "BINDING ARBITRATION" SECTION BELOW.

SOME JURISDICTIONS, INCLUDING NEW JERSEY, HAVE CONSUMER PROTECTION AND OTHER LAWS THAT MAY APPLY TO THE SERVICES AND THAT DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT HEREIN IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.

 

Use of WR’s Site

 

Certain areas of the Site provide a place for Users to interact with other Users and book services offered by such Users. However, WR does not provide any such User services, and is not an agent or representative for any User. Therefore, WR has no control over any User’s activity on the Site, including interactions between Users, and does not make any representations regarding the quality, accuracy or safety of the services being provided by a User, or the activities or transactions between Users. 

 

You acknowledge that the Site is a neutral venue and not a broker, and you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. WR shall have no liability for your interactions with other Users, or for any User’s action or inaction.

 

Wedding Realm is a Neutral Venue

 

WR offers a unique Site for both the wedding industry and for prospective brides and grooms. WR is not a wedding product or service provider, wedding vendor or an agent representative. WR members ("Members") include prospective brides and grooms, newlyweds and their Wedding guests (collectively, "Wedding Members") and companies and other third parties offering products and services related to Weddings ("Vendor Members"). WR and the Site function solely as a neutral venue and digital clearinghouse where Wedding Members and Vendor Members may connect for a particular type of service or product.

 

WR is not involved in or a party to the actual transaction between Members. As a result, WR has no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on our Site, the accuracy of listings, the ability of Wedding Vendors to provide items or perform services, the ability of Wedding Members to pay for any goods and services, and WR makes no representations or warranties and are not liable or responsible for the actions or inactions of Members or Vendor Members. WR does not endorse any particular vendor.

 

Vendor Members agree that all Members and Wedding Members may share any and all information about the Vendor Members on the Wedding Members’ social media pages and any other website.

 

Rules of Conduct

 

There are rules of conduct that all Users are required to follow when using the Site. You must not:

  • ‘harvest,’ ‘scrape’ or collect information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on or through the Site.

  • use unauthorized automated means to access the Site, or otherwise gain unauthorized access to the Site or to any account or computer system connected to the Site.

  • "stream catch" (download, store or transmit copies of streamed content).

  • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.

  • "flood" the Site with requests or otherwise overburden, disrupt or harm the Site or its systems (e.g., perform a Denial of Service attack).

  • circumvent or reverse engineer the Site or its systems.

  • restrict or inhibit another User or Users from using and enjoying the Site.

  • manipulate or forge identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to us or our employees.

  • impersonate any person, including, but not limited to, other community members or our employees.

  • engage in or promote spamming, chain letters or other unsolicited communications.

  • provide inaccurate, misleading or false information to us.

  • post any content or take any action that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or any animal.

  • post any content or take any action that seeks to harm or exploit children by exposing them to inappropriate content or behavior, asking for personally identifiable details or otherwise.

  • post any content or take any action that is fraudulent, vulgar, obscene, unlawful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise harmful (to BT or any Users).

  • post any content that contains any information that you know is not correct or current.

  • post any content or take any action that encourages criminal conduct.

  • post any content or take any action that contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty or operation of law.

  • post any content or take any action that advertises or solicits business for products or services other than those that are offered and promoted on the Site.

  • post any content or take any action that contains or distributes any virus, malware, spyware or other malicious or harmful content or code.

  • post any content or take any other action that violates any law, rule or regulation, or contains any information or content that is illegal.

  • engage in any fraudulent activities including in connection with terror or money laundering activity, or any other activity which violates any policy of WR (including these Terms of Use) or our affiliated third party companies.

  • engage in tactics, or direct or encourage others, to attempt to bypass the Site or WR's systems in order to avoid complying with any applicable policy of WR (including these Terms of Use), paying applicable fees, or complying with other contractual obligations, if any.

 

You also must comply with all applicable laws and contractual obligations when you use the Site. You agree that you are not (i) located in, under the control of, or a national or resident of any country (a) subject to a United States (“U.S.”) government embargo, (b) that the U.S. government has identified as a "Specially Designated National" or “terrorist supporting” country or (c) on the U.S. Commerce Department's Table of Deny Orders, or (ii) listed on any U.S. government list of prohibited or restricted parties. Membership in, and use of, the Site is void where prohibited.

 

Ownership of Site Content and Submissions

 

We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Site (“Site Content”). You may use the Site (including any Site Content) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Site Content unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

 

If you submit or post any materials or content to the Site, you grant us and our business partners a non-exclusive, royalty free, fully paid-up, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the materials or content, (ii) prepare derivative works of the materials or content or incorporate the materials or content into other works,(iii) use such materials and content, including alterations thereof, in any form or media, and via any technology we choose, whether it exists now or is created in the future, and (iv) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.

 

You represent that (i) any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights, (ii) the posting and use of your materials and content on or through the Site does not violate, misappropriate or infringe on the rights of any third-party, including, without limitation, privacy rights, rights of publicity, copyrights, trademark and/or other intellectual property rights, and (iii) such posts and the content contained therein abide by the Rules of Conduct set forth in these Terms of Use.

 

You may choose, or we may invite you, to submit comments or ideas about the Sites and our other products and services, including without limitation about how to improve the Sites or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place WR under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Idea, WR does not waive any rights to use similar or related ideas previously known to WR, developed by its employees, or obtained from sources other than you.

 

Responsibility for Public Postings and Content

 

Responsibility for what is posted in public areas of the Site lies with each User – you alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other User postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so. We are not a publisher of user posts and we are not responsible for their accuracy or legality.

 

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "Our Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither we 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 these Terms of Use.

 

Although Our Representatives may moderate content, conduct and Terms of Use compliance on the Site at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will "take care" of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

 

Rating and Review Disputes. If you undermine the integrity of our Rating and Review system in any way, your membership may be suspended or terminated. Each Vendor Member acknowledges that your Rating and Review ("feedback") consists of opinions left by other WR members and a machine calculated feedback score. You further acknowledge that WR does not make judgments on the truth or accuracy of opinions or statements.

 

Feedback Rules:

  1. Members may only leave one feedback item per unique transaction, whether positive, neutral, or negative, for any other Vendor Member.

  2. The Member leaving the review must have conducted business with the Vendor Member and be able to provide proof of that business, such as a signed contract or formal proof of payment (i.e., cashed check, credit card statement, paid invoice, or receipt). WR does not accept editable documents or email correspondence. WR reserves the right to request additional information regarding proof of business.

  3. By submitting feedback, you agree that feedback is subject to compliance audit by the WR Compliance Team at any time. Any feedback item investigated by the BT Compliance Team may be temporarily or permanently removed.

In order to protect the integrity of the Rating and Review system, WR will only consider removing a feedback item under the following scenarios:

  1. If feedback posted contains language that is profane, vulgar, discriminatory or contains adult material.

  2. If WR is provided with a court order directing WR to remove or modify the feedback.

  3. If feedback posted makes any reference to actions taken or purported to be taken by WR or any law enforcement organization.

  4. If feedback posted seeks to elicit or solicit any Member's contact information, such as other Member email addresses, for any non-WR related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters".

  5. If the Member who left feedback cannot be reached by WR or fails, within one (1) month from the date WR attempts to contact such member as part of the dispute process, to validate that the business was conducted with the Vendor Member.

  6. If feedback contains personally identifiable information of other members, personnel of Vendor Members or any other person. Personally identifiable information includes, but is not limited to, full names, date of birth, physical addresses, email addresses, credit card numbers, social security numbers or any other identification number provided by a government.

  7. If required pursuant to the Copyright Policy in this Terms of Use.

 

Registration and Log In

 

To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Site are only 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.

 

You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for us to suspend or terminate your account and refuse you service in the future. The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

 

You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

If you are a business (including a vendor) and experience a dissolution, merger or other significant change in personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all User reviews and other Site Content previously associated with such account.

 

Payments

 

Billing Policies. You are responsible for paying any and all applicable fees (including subscription fees) as set forth in any agreement entered into (i) through the Site (including for any mobile application or goods or services provided by a User to another User (a “User Provided Service”)) or (ii) by clicking through to another digital property or mobile application (including through our credit card processing firms) that requires payment, and applicable taxes associated with the Site in a timely manner with a valid payment method.

 

Unless we state in writing otherwise, all fees and charges are nonrefundable. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments must be made by the methods specified within the Site. You agree that we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete and accurate (e.g., updating any change in billing address, payment card number, and expiration date) and to notify WR if your selected payment method is cancelled (e.g., for loss or theft). If you want to use a different debit or credit card, or there is a change in debit or credit card validity or expiration date, or if you believe someone has accessed the Site using your user name and password without your authorization, you must follow the procedures outlined in the Help section of these Terms of Use or the Site. You are responsible for any fees or charges incurred to access the service through an Internet access provider or other third-party service. WR may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms of Use.

 

The applicable User (including any vendor and/or Vendor Members) and not WR, is responsible for delivering any purchased goods or providing any services. If you, as a User, choose to enter into a transaction with another User (including a vendor), you agree and understand that you will be required to enter into an agreement with such User and agree to any terms or conditions which may be imposed by such User. As a User, you acknowledge and agree that you, and not WR, will be responsible for performing the obligations of such agreements, except as otherwise expressly set forth in these Terms of Use.

 

No Refunds. You may cancel your Site account at any time; however, there are no refunds for cancellation except (a) as expressly set forth herein, and/or (b) as required by applicable law. In the event that WR suspends or terminates your account or these Terms of Use, you understand and agree that you shall receive no refund or exchange for any Site Content, any unused time on a subscription, any license or subscription fees for any portion of the Sites, any content or data associated with your account or for anything else.

 

Charges on Your Account. You are responsible for all charges incurred under your account made by you or anyone who uses your account. If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any taxes imposed on your use of the Site or any services contained therein (including for any User Provided Service), including, but not limited to, sales, use or value-added taxes. To the extent WR is obligated to collect such taxes, the applicable tax will be added to your billing account.

 

Authorization; Payment Processing. You expressly authorize WR to debit or credit any monies from the payment method you have chosen. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Site; provided, however, that such notice will not affect charges submitted before WR could reasonably act. The vendor shall be responsible for all fees associated with the processing of the payment method, including payment processing and associated bank fees.

 

Payment and Third-Party Payment Processors. Purchases made through the Site (including for any User Provided Service) may be processed through a third-party payment processor or other payment service provider (each, a “Payment Processor”). If applicable, you may be provided a notice when entering your payment information directing you to such Payment Processor’s terms of use and privacy policy, and all payments are governed by such terms of use and privacy policy.

 

Disputes. You agree to contact the User who purchased or sold the goods or services directly with all inquiries regarding such purchased goods or services. WR has no obligation to handle or facilitate the handling of any disputes between Users. For avoidance of doubt, any disputes directly with WR shall be handled in accordance with these Terms of Use.

 

Booking Fees. If applicable, WR may collect a booking or other fee. Any such fees will be disclosed to you at your time of registration or at the time of booking.

 

Correcting Mistakes in Payments to Vendors and Customers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous WR refund or reimbursement. Users will look solely to other Users (including vendors) to resolve any payment error made by such User, and WR will have no liability for such errors.

 

Customer Website Domains. We also provide wedding website customized domain or similar service subscriptions in annual increments and related services (“WWCD”). Occasional service outages, downtime or disruptions to functionality may occur that we do not or cannot control. If such outages, downtime or disruptions occur, we will use commercially reasonable efforts to assist with restoring service as soon as possible. We are not liable or responsible for damages if such outages occur. To the extent available, we will register the domain for your WWCD and act as your nominee only. Any and all responsibility and liability associated with the WWCD domain name or content on the domain is yours. We reserve the right at any time to reject (e.g., at the time of selection or any time afterward), abandon or transfer (including on your behalf) any domains and/or wedding websites in the event that we receive notification that the domain infringes or allegedly infringes any third-party right or for any other reason. After selecting a domain name, it may take an estimated twenty-four (24) business hours for your website to be viewable online (although no guarantees are made by us with respect thereto). If the selected domain expires, the wedding website will revert to a subdomain selected by The Knot in its sole discretion.

 

Automatic Membership Renewal (“Auto-Renew”). To the extent WR offers Users membership in any Site (including a WWCD), such memberships may renew automatically for successive periods unless otherwise agreed to in writing. Without limiting the foregoing, if you sign up, upgrade or renew your membership, you are automatically entered into our auto-renew program unless otherwise specified in the applicable terms or agreement. This means that, unless otherwise specified in the applicable terms or agreement, we will charge your selected payment method at the start of each new membership term and during the membership term. In order to avoid billing of fees for the renewal term to your selected payment method, you must cancel your subscription before it renews as indicated in the applicable terms or agreement.

 

You may cancel your membership by contacting WR through our Contact Page. If you are enrolled in a monthly or other periodic payment plan and you decide to cancel during the membership period, you acknowledge and agree that, unless otherwise agreed in writing, you may continue to be billed on a monthly or other applicable periodic basis until your originally scheduled membership expiration date.

 

Cash Gifting. In addition to and without limiting anything contained herein (including the terms under the section ‘Billing Policies’ above) or WR Privacy Policy, if you use any cash gifting feature or similar product or service (each, a “Cash Gifting Service”), you agree to the following:

 

  • The Site provides links and interfaces to Payment Processors that may permit Users (e.g., wedding guests and other gift givers) (each, a “Gift Giver”) to send funds to other Users (e.g., couples or their representatives or designees) or third parties (e.g., charitable organizations selected by a User) (each of the foregoing, a “Beneficiary”). You acknowledge that while we provide links to such Payment Processors, we do not control and are not responsible for payments made or received through such Payment Processors. Any use of Payment Processor services by you: (i) may be subject to the fees set by the Payment Processor, (ii) is at your own risk, (iii) is subject to your agreement that WR is not responsible for any fund transfers or anything else arising from or related to the services provided by a Payment Processor or third-party, and (iv) is subject to these Terms of Use including the section titled ‘Payments’. Any use of such Cash Gifting Service may also be subject to the User’s acceptance of any additional terms and conditions disclosed by us or otherwise provided by any third-party (including a Payment Processor).

  • Users acknowledge that they are submitting payment directly to the Beneficiary (via a third-party payment service or any other payment method) and therefore we are not responsible for lost payments, identity theft, fraud or refunds.

  • In order for a Beneficiary to receive cash or other payment from a User, the Beneficiary will be required to link to their payment account with a third-party payment processor. In addition, each User will complete every form, document and online entry field in connection with a Cash Gifting Service and represents and warrants that all such information provided therein will be true, correct and complete.

  • The Cash Gifting Service is a feature offered as a convenience to Users. Without limiting any other rights we have set forth herein we reserve the right to suspend, terminate, freeze or close any account in accordance the terms of the section ‘Suspension or Termination of Access’ below. Accounts may be frozen at the sole discretion of us or the third-party service provider until a review has been conducted and the validity of the account is confirmed.

 

Electronic Communications

 

The communications between you and us via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us and Vendor Members, including marketing emails, in an electronic form and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

 

Protection of Intellectual Property Content. The WR Site contains or uses copyrighted material, inventions, know how, potentially patentable business method material, design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, "Intellectual Property Content"), all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property, and We retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this Site, including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this Site does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, including but not limited to Submitted Information (as defined below) contributed by you or any other Member, or use our Intellectual Property Content in any other way for public or commercial purposes. All other trademarks, service marks and copyrights are held by their rightful owners. You may not frame or link to the Site without our prior written permission.

 

The Site contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us. Unless otherwise agreed to in writing, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks or any similar marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name, trademark or service mark that is identical to or similar to any of the Marks.

 

Copyright Infringement & DMCA Notices

 

Reporting Claims of Copyright Infringement

 

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

 

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Our designated Copyright Agent to receive DMCA Notices is:

 

Adriano Pacifici, , LLC. 334 Carondelet Street, Suite B, New Orleans, LA. 70130. iplawconsulting.com

Adriano Pacifici

Intellectual Property Consulting, LLC

334 Carondelet Street, Suite B

Mercedes-Benz Superdome, Suite A,

New Orleans, LA. 70130

iplawconsulting.com

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

 

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

 

  • Your physical or electronic signature.

  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

 

Completed Counter-Notices should be sent to:

 

Adriano Pacifici

Intellectual Property Consulting, LLC

334 Carondelet Street, Suite B

Mercedes-Benz Superdome, Suite A,

New Orleans, LA. 70130

iplawconsulting.com

 

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

 

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

 

Changes to the Site

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

 

Suspension or Termination of Access

 

We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms of Use (including the Rules of Conduct). 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.

 

Linking Policies

 

The Site may contain links to other websites or to third-party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site, you should read the terms of use and privacy policy that govern that particular linked site.

 

Privacy. Please see our Privacy Policy to learn about how we treat information We gather from you. Please be aware that Members, including Vendor Members, are not bound by our Privacy Policy except as specified therein. Therefore, you should carefully safeguard your personal information and check with Vendor Members to see how they treat information they gather from you. Furthermore, any materials or content provided by Vendor Members are stored on third-party servers.

 

Indemnification

 

You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your misuse or unauthorized use of the Site (including any User Provided Service or WWCD), your submissions to the Site, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the Site via 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 these Terms of Use and the termination of your use of the Site.

 

You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to any claims arising from Vendor Members and use of Vendor Member’s website and third-party servers.

 

Jurisdictional Issues

 

We control and operate the Site from our facilities 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 represent that materials on the Site are appropriate or available for use in other locations. If you choose to access the Site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

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 and the State of Connecticut, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 intentions reflected in such provision, and the other provisions of these Terms of Use will remain in full force and effect.

 

Binding Arbitration

 

Other than those matters described under ‘Exclusions from Arbitration’ below, you and we agree that all disputes, claims, or controversies arising out of or relating in any way to these Terms of Use (including the validity, enforceability or scope of this Section), the Site or any content or services thereon (each, a "Dispute"), that cannot be resolved through negotiation in accordance with the ‘Notice of Dispute; Negotiation’ clause below, shall be settled by final binding arbitration, in accordance with the terms of this Section and to the extent permitted by law. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. You agree that the U.S. Federal Arbitration Act applies to this agreement.

 

Exclusions from Arbitration

 

YOU AND WE AGREE THAT ANY CLAIM FILED BY EITHER PARTY IN SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

 

RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO THE ADDRESS ON WR’S CONTACT PAGE BY CERTIFIED MAIL RETURN RECEIPT REQUESTED AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT INFORMATION, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.

 

Notice of Dispute; Negotiation

 

IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO LEGAL DEPARTMENT AT THE ADDRESS ABOVE TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.

 

You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute. If we do not resolve your Dispute within sixty (60) days from receipt of notice of the Dispute, either party may pursue a claim in arbitration pursuant to the terms of this Section.

 

Initiation of Arbitration Proceeding

 

If you or we have a Dispute with such party elects to resolve through arbitration, the party initiating the arbitration proceeding shall initiate it with the American Arbitration Association ("AAA") under its rules and procedures, as modified by this Section. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings to the address on WR’s Contact Page.

 

You and we agree to treat the arbitration proceedings and any related discovery confidential. The terms of this Section govern in the event they conflict with the rules of the AAA.

 

Location of Arbitration

 

The arbitration proceedings shall be held in New Haven County, Connecticut, unless you can demonstrate that arbitration in New Haven County, Connecticut would create an undue burden to you. If you can demonstrate that arbitration in New Haven County, Connecticut would create an undue burden to you, we may allow you to initiate the arbitration in your home state.

 

Class Action Waiver

 

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE SPECIFICALLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.

 

Severability

 

If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, the Dispute will be decided by a court, and you and we each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.

 

Continuation

 

This Section shall survive any termination of the provision of the associated services to you.

 

Governing Jurisdiction

 

ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT OR, IF SUCH COURT WOULD NOT HAVE JURISDICTION OVER THE MATTER, THEN ONLY IN A CONNECTICUT COURT. EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THESE COURTS AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS OF USE IN ANY OTHER COURT OR FORUM. EACH PARTY WAIVES ANY OBJECTION TO THE LAYING OF THE VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS OF USE IN THE FEDERAL OR STATE COURTS SITTING IN NEW HAVEN COUNTY, CONNECTICUT, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

 

Disclaimer of Warranties

 

THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. WE PROVIDE THE SITE, ITS CONTENT AND ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SAMPLE DOCUMENT PROVIDED, DISPLAYED OR GENERATED BY WR, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:

 

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THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,

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THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,

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THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE,

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THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,

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INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE SITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED, OR

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THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

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ANY IMAGES ON THE SITE ARE EXACT REPRESENTATIONS OF HOW THE ITEMS IN THE IMAGES APPEAR IN REAL LIFE

 

THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE MEDICAL OR HEALTHCARE ADVICE OR DIAGNOSIS, AND MAY NOT BE USED FOR SUCH PURPOSES. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER ABOUT YOUR SPECIFIC CIRCUMSTANCES, INCLUDING BEFORE STARTING ANY TREATMENT, MEDICAL OR OTHERWISE.

 

WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.

 

IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SITE, OR FROM ANOTHER USER ON THE SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.

 

YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.

 

THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.

 

Limitations of Liability

 

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

IN NO EVENT WILL WE OR ANY OF OUR SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

 

Other

 

These Terms of Use and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Site, constitute the entire agreement between us and you with respect to the Site. This agreement is personal to you and you may not assign it to anyone.

 

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

 

YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY (INCLUDING ANY RELEVANT STATUTES OF LIMITATION), ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.