These terms and conditions (the “Terms”) govern the use of the Services and services (the “Service(s)”) offered by MOD Enterprise, Inc. d/b/a MODwedding.com, (“MODwedding.com”) at the MODwedding.com Website (the “Site”) by you (“You” or “User”). Please read these Terms before using the Site or any of the Services and services offered by or through it. Your use of the Site constitutes your acceptance of the Terms, whether or not you register as a member of MODwedding.com (“Member”). If you become a Member and make use of the MODwedding.com service (the “Service”), these Terms become part of the Membership Agreement between you and MODwedding.com and govern your use of such Service. By using this Site, you agree to and accept all terms and conditions contained herein. If you object to anything in these Terms or the MODwedding.com Privacy Policy, do not use the Site or the Service. The Terms are subject to change by MODwedding.com at any time, effective upon posting on the MODwedding.com Website, and your use of the Site or the Service after such posting constitutes acceptance by you of such changes.
ACKNOLWLEDGEMENT OF TERMS.
You acknowledge that you have read the terms and conditions of use and that you accept the Terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Site.
USE OF INFORMATION COLLECTED.
MODwedding.com may monitor your use of this Site, and may freely use and disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose.
CHANGES TO TERMS.
MODwedding.com reserves the right at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes in the Terms will be posted on the Site.
CHANGES TO SITE.
MODwedding.com may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or Content. MODwedding.com may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
ELIGIBILITY.
By using the Site, you represent and warrant that you have the right, authority and capacity to agree to these Terms and to abide by all of the terms and conditions herein. Our services are available only to individuals that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18).
INFORMATION PROVIDED BY USERS.
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. MODwedding.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site. Your covenant that your use of the Site, including but not limited to the Content you publish or display (hereinafter, “post”) on the Site, will be in accordance with any and all applicable laws and regulations.
You are solely responsible for any Content, messages, photos, videos, reviews or profiles that you publish, display or post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any content that: (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; You will not provide inaccurate, misleading or false information to MODwedding.com or to any other user of the Site.
You understand and agree that MODwedding.com may review and delete any Content, in each case in whole or in part, that in the sole judgment of MODwedding.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or otherwise threaten the business and/or operations of MODwedding.com.
By posting Content to any public or member area of the Site you grant, and you represent and warrant that you have the right to grant, to MODwedding.com, 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 sub licenses of the foregoing. You further represent and warrant that public posting and use of your Content by MODwedding.com will not infringe or violate the rights of any third party.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by MODwedding.com, are those of their respective authors. Such authors are solely responsible for such content.
MODwedding.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through 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 Site or through the Service. Under no circumstances will MODwedding.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service.
PRIVACY.
MODwedding.com’s Privacy Policy sets forth additional terms and conditions applicable to the information you provide on the Site. For more information, see our full Privacy Policy.
INDEMNIFICATION.
By using the Site and/or the Services, you agree to indemnify, defend and hold harmless MODwedding.com, its directors, officers, employees, agents, managers, members, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as “MODwedding.com and Affiliates”) from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred by MODwedding.com and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or the Service by you in violation of these Terms of Use or in violation of any applicable law. You further agree that they you cooperate as reasonably required in the defense of such claims. MODwedding.com and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of MODwedding.com. Users further agree to hold harmless MODwedding.com and Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.
LINKS TO EXTERNAL SITES.
Links from the Site to external sites (including external sites that are framed by MODwedding.com) or inclusion of advertisements do not constitute an endorsement by MODwedding.com of such sites or the content, Services, advertising and other materials presented on such sites or of the Services and services that are the subject of such advertisements, but are for users’ reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. MODwedding.com does not control such sites, and is not responsible for their content. Just because MODwedding.com has hyperlinks to such sites does not mean that MODwedding.com endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by MODwedding.com’s Terms and Privacy Policy. MODwedding.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold MODwedding.com harmless from any liability that may result from the use of links that may appear on the Site.
DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MODWEDDING.COM AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY SERVICES OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, MODWEDDING.COM AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MODWEDDING.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MODWEDDING.COM AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
LIMITATION OF LIABILITY.
In no event will MODwedding.com be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site, your use of the Service, any information received from the Site, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if MODwedding.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
MODwedding.com 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 web site or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will MODwedding.com 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 Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline.
PROHIBITED USE.
If you violate the terms of this Section or any other terms stated herein, MODwedding.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and, in addition, you agree to pay a $10,000 per day penalty fee for scraping, either in a manual or automatic manner other User or Member information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating site content, including but not limited to, use on a “mirrored,” competitive, or third party site. Although MODwedding.com cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site or the Service 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 to a number which we deem appropriate in our sole discretion. In order to protect the integrity of the Site and the Service, MODwedding.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
PAYMENT AND REFUND POLICY FOR MEMBERS.
The basic services of MODwedding.com are free for Members, though some Premium Services are offered for a fee.
Members have the option of subscribing to a Premium Services Program. Members that subscribe to Premium Servicess are obligated to pay additional fees, unless specifically notified otherwise. The Premium Services Programs are: Platinum plan (monthly service), and Diamond plan (annual service). Members that subscribe to Premium Services agree to pay MODwedding.com all charges at the prices then in effect for the particular Premium Service Program. In addition, Members participating in Premium Services authorize MODwedding.com to charge their chosen payment provider for participation in the particular program. MODwedding.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The subscriptions of Members that subscribe to Premium Services will be automatically extended for successive renewal periods of the same duration as the original subscription term, at the then-current non-promotional subscription rate. Members may cancel their subscription to Premium Services at any time in the Account Settings area or contact MODwedding Member Services at: [email protected]
MODwedding.com’s Premiums Services is a subscription based service in which members pay for the service provided during the subscription term and may cancel at any time. MODwedding.com does not offer pro-rated refunds, members must cancel prior to the renewal period to prevent further charges.
MODwedding.com will wait at 60 days following either the termination of all account period before removing or deleting an expired account.
LINK EXISTING CUSTOM DOMAIN NAME.
Custom domain name are governed by ICANN. Members are responsible to purchase their own domain name. Feature to link custom domain may be accessed at any time using the account settings option only for Diamond Premium Service members. Select domain name may be linked to member’s wedding website upon availability. Members is responsible for all renewal, hosting and other associated fees of maintaining own domain name. MODwedding.com does not offer support for custom domain names.
NOTICE OF TRADEMARK RIGHTS.
The service marks and trademarks MODwedding.com and the MODwedding.com logo are trademarks or service marks owned by MODwedding.com or its licensors. All rights reserved. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You acknowledge the rights of MODwedding.com and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms.
NOTICE OF COPYRIGHT.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Site (the “Content”) are only for your personal, non-commercial use. All materials contained on the Site are protected by copyright, and are owned or controlled by MODwedding.com or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Site. You may download and make copies of the Content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from MODwedding.com or the copyright holder identified in the individual Content’s copyright notice.
COPYRIGHT AGENT, NOTICE, AND TAKE DOWN PROCEDURES.
If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting MODwedding.com’s copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed.
Identification of the material that you believe to be infringing and its location.
Your name, address, telephone number and email address.
A statement that you have a good faith belief that the use of materials is not authorized by the copyright owner.
A statement that the information that you have supplied is accurate.
A signature or the electronic equivalent from the copyright holder or authorized representative. MODwedding.com’s agent for copyright issues relating to this Site is as follows: MODwedding.com Legal Department Attn: Copyright Agent, Fax: 703-740-8781 Email: [email protected]
NON-CONFIDENTIALITY NOTICE.
You acknowledge that transmission to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to MODwedding.com, no confidential, fiduciary, contractually implied or other relationship is created between you and MODwedding.com other than pursuant to these Terms.
U.S. EXPORT CONTROLS.
Software from this Site (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
CONSENT TO JURISDICTION, CHOICE OF LAW.
THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF VIRGINIA.
ENTIRE AGREEMENT.
These Terms constitute the entire agreement between MODwedding.com and You with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
MISCELLANEOUS.
Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
CONTACT INFORMATION
If you have any questions, need further information as to the Site or Service provided by MODwedding.com, or need to notify MODwedding.com as to any matters relating to the Site or Service please contact MODwedding.com at:
MODwedding.com
Legal Department
Email: [email protected]
