Madly Bride Conditions of Use
Last Updated August 1, 2018
PLEASE READ THIS AGREEMENT CAREFULLY.
Thank you for visiting madlybride.com! This agreement (the “Agreement”) governs your use of this website (the “Website” and, together with the services, features, content and products accessed through the Website, the “Services”). If you are not satisfied with the terms contained in this Agreement, you should refrain from using the Services. When you use the Services, you agree to be bound by this Agreement.
Madly Bride LLC and/or its affiliates are referred to as “Madly Bride,” “we,” “our” or “us.” “User”, “you” and “your” refer to you, the individual user or site visitor.
License and Site Access.
Subject to your compliance with this Agreement, Madly Bride grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service or its contents; any collection and use of any product listings, images, descriptions, or prices or other Services; any derivative use of any Service or its contents; any use of data mining, robots, or similar data gathering or extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Madly Bride or its suppliers, rightsholders or other content providers. No Service, nor any part of any Service (including for the avoidance of doubt any product listings, images, descriptions, or prices or other Services), may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent from Madly Bride. You may not frame or utilize any framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Madly Bride without express written consent from Madly Bride. You may not use any meta tags or any other “hidden text” utilizing Madly Bride’s name or trademarks without the express written consent of Madly Bride. You may not misuse the Services. You may use the Madly Services only as permitted by law. The licenses granted by Madly Bride terminate if you do not comply with this Agreement.
Your Content and Communications.
As a visitor of the Website and/or a client of Madly Bride, you may post reviews, comments, photos, videos or other content; send communications and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content.
If you do post content or submit material, unless we indicate otherwise, you grant Madly Bride a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Madly Bride and its sublicenses the right to use the name that you submit in connection with such content, in their discretion. You represent and warrant that you own or otherwise control all of the rights to the content you post or share and you have the full power and authority to post or share such content; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and hold harmless Madly Bride for all claims relating to the content you post, share, submit or otherwise supply. Madly Bride reserves the right (but not the obligation) to monitor, edit or remove any activity or content, but Madly Bride may not regularly review posted content.. Madly Bride takes no responsibility and assumes no liability for any content posted by you or any third party.
Products, Payments and Purchases from Madly Bride.
Risk of Loss. All products purchased from Madly Bride on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds and Title. Madly Bride does not take title to returned items until the item arrives at our premises. At our discretion, a product refund may be issued without requiring a return. In this situation, Madly Bride does not take title to the refunded item. Madly Bride may, in our sole discretion, offer whole or partial refunds of payments made for styling services. For more information about product returns and refunds, please see the Shipping and Returns section of our FAQ page.
Product Descriptions. Madly Bride attempts to be as accurate as possible with our descriptions of our products and services. However, we do not warrant that such descriptions or other content relating to any Service is accurate, complete, reliable, current or error-free. If a product or service sold to you by Madly Bride is not as described, your sole remedy is to return it (as applicable) subject to the terms and conditions set forth on the Shipping and Returns section of our FAQ page.
Pricing. With respect to products and services sold on the Website, we cannot confirm the price of an item until you place an order. Despite our best efforts, some of the items offered on the Website may be mispriced. If any item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Payments. Madly Bride currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All such monetary transactions take place in U.S. Dollars. Madly Bride is not responsible for the payment processing performed by its third party payment processors.
Third Party Websites and Purchases.
You may wish to purchase items from third parties as suggested through the Services. You are responsible for purchases of any such items from such third parties. The third-party’s terms and conditions and other relevant policies apply to these purchases, including return policies and shipping costs, and supersede all of Madly Bride’s policies with respect to your use of such third party websites to purchase such items. Madly Bride has no further involvement in the consummation of a contract between you and third parties and hereby disclaims all liability or responsibility for any matter arising out of a transaction between you and such third parties.
Disclaimer of Warranties and Limitation of Liability.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY MADLY BRIDE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MADLY BRIDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. MADLY BRIDE MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS AND, (5) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MADLY BRIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MADLY BRIDE DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, MADLY BRIDE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OR ON BEHALF OF MADLY BRIDE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MADLY BRIDE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MADLY SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT MADLY BRIDE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (TOGETHER, THE “RELEASED PARTIES”) WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MADLY BRIDE HAS BEEN ADVISED TO THE POSSIBILITY OF SUCH DAMAGES), BASED UPON OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES OR ANY INFORMATION OR MATERIALS PROVIDED ON THE WEBSITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, FROM, OR AS A RESULT OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICES, (5) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY MADLY BRIDE, OR (6) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE MADLY OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE SERVICE FEES OR PRODUCT PURCHASE PAYMENTS YOU HAVE PAID TO MADLY BRIDE.
MADLY BRIDE IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER OR THIRD PARTY SERVICE, AND ANY DISPUTE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY OTHER USER OF THE MADLY SERVICES, IS DIRECTLY BETWEEN YOU AND SUCH PARTY. YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
You agree to defend, indemnify, and hold harmless the Released Parties, from and against any claims, actions demands, liabilities or expenses, including without limitation legal and accounting fees, resulting from (1) your use or reliance on any third-party content, (2) your use or reliance on any content provided by Madly Bride, or (3) your breach of these Terms and Conditions. We will provide notice to you promptly or any such claim, suit or proceeding.
Copyright. All content included in or made available through any Service, such as text, graphics (including visual compilations), logos, button icons, images (including product images), audio and video clips, and data compilations and software, is the property of Madly Bride or its content suppliers and is protected by United States and international copyright laws. The compilation of all content included in or made available through any Service is the exclusive property of Madly Bride and is protected by U.S. and international copyright laws.
Copyright Policy. Madly Bride resepects the copyrights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. If you believe in good faith that materials on the Services infringe your copyright, you (or your agent) may send Madly Bride a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
If you believe in good faith that notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Madly Bride a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices should be sent to email@example.com. Consult your legal advisor and see 17 U.S.C. §512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
Any dispute or claim relating in any way to your use of any Service, or to any products or services sold or distributed by Madly Bride or through the Website will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: United States Corporation Agents, Inc., 300 Delaware Avenue, Suite 210-A, Wilmington, DE 19801. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment or all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Manhattan, New York, or at another mutually-agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we waive any right to a jury trial. Notwithstanding the foregoing, you also agree that Madly Bride may bring suit in court to enjoin infringement or other misuse of Madly Bride intellectual property rights.