Wedding Advertiser Terms and Conditions
Effective Date: 1/26/2015
This Agreement applies to Vendor users of the Site.
The term “Vendor” refers to any individual(s) or organization(s) who register(s) with the Site in order to advertise their products and services to Registrants and Guests. Vendor accounts also allow for the acceptance of payment for vendor products and services from Registrants and Guests.
The term “Registrant” means an individual(s), with an upcoming wedding, who register(s) with the Site for an account that allows connection with Guests and Vendors in an effort to raise funds and pay for the wedding.
The term “Guest” means any individual(s) who register(s) with the site for an account that allows them to connect with Registrants and Vendors in order to gift the Registrants a portion of the cost of the wedding, whether such gift be by payment to Registrant account or payment to the Vendor account.
The term “User” means a Vendor, Registrant, or Guest
The term “you” means a Vendor.
D. Use and Restrictions
You are not authorized to (i) resell, sublicense, transfer, assign, or distribute this Site, its services or content; (ii) modify or make derivative works based on this Site, its services or content; (iii) “frame” or “mirror” this Site, its services or content on any other server on Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
A “post” to this Site is any information you submit, publish, or display on the Site. Only Vendors may post to this Site under the terms of this Agreement. You may not use this Site if you are younger than 18 years of age.
E. How We Treat Postings to This Site
We will not treat information that you post to areas of this Site that are viewable by others (for example, to the forum, public resumes or job postings) as proprietary, private, or confidential. We have no obligation to monitor posts to this Site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, it not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation, information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export laws.
F. Prohibited Uses
The following uses are expressly prohibited:
1. You shall not register for the Site or make any posts on behalf of someone else.
2. You shall not share your logon credentials to the Site with anyone other person or entity.
3. You shall not post information on your profile that is based on a fictitious character or represent the credentials of another as your own.
4. You shall not logon to the Site with any credentials that are not your own.
5. You shall not solicit the logon credentials to the Site or other personally identifiable information from others.
6. You shall not access data that you are not authorized by Gift Me! to access.
7. You shall not include any incomplete, inaccurate, or false data in your registration, your resume, or when you apply to any job through the Site.
8. You shall not represent any other person’s biographical information as your own.
9. You shall not take any action that will cause an unreasonable burden on Gift Me!’s infrastructure.
10. You shall not attempt to access or navigate the content through any manner other than the Site.
11. You shall not mine the content or perform any other data gathering or extraction.
12. You shall not attempt to exploit any possible vulnerability in the Site by probing, scanning, or any other means.
13. You shall not attempt to inject a virus, worm, or other malware into the Site nor shall you overload, “flood,” “spam,” “crash,” or otherwise attempt to interfere with Gift Me!’s service to other users.
14. You shall not delete, modify, or corrupt any post submitted by someone else.
15. You shall not post any content that contains racially, ethnically, sexually, or otherwise offensive language.
16. You shall not post any content that violates the rights of others including, but not limited to, the rights of privacy and publicity.
17. You shall not post any content that is defamatory, harassing, threatening, or abusive in nature.
18. You shall not post any content that harasses, incites harassment, or advocates the harassment of any person, entity, or group.
19. You shall not post any content containing false or misleading information or that promotes or encourages illegal activities or other activities prohibited by this Agreement.
20. You shall not “frame” or link to the Site unless permitted by this Agreement.
21. You shall not initiate unsolicited communication of any kind promoting or advertising products or services to any user of the Site nor shall you contact any users who have specifically requested not to be contacted by you.
23. You shall not represent yourself as an agent of Gift Me!.
24. You shall not post content that contains any hidden, password-protected, or otherwise restricted elements.
25. You shall not post a link to nor otherwise encourage the illegal or unauthorized copy of another’s copyrighted works.
26. You shall not post any content that constitutes junk or chain mail, spam, phishing, or unsolicited mass mailings.
27. You shall not post content that may create a risk of harm or loss with regard to physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or any other person.
28. You shall not post content that may create a risk of harm or loss with regard to any property either tangible or intangible.
29. You shall not post content that may create constitute or contribute to a crime or tort.
30. You shall not post content that is racially, ethnically, or sexually abusive or offensive, violent, defamatory, infringing, invasive of the privacy rights of others, harassing, or humiliating or is, in the sole discretion of Gift Me!, objectionable.
31. You shall not post content that is illegal.
32. You shall not post content that breaches any contractual or fiduciary duties held by you.
33. You shall not post content that you know is not accurate and current.
34. You shall not post content that violates any third-party rights, including intellectual property rights and rights of publicity and privacy.
This list of prohibitions is not an exhaustive list. At any time, with or without notice and with or without cause, for any reason or no reason, if Gift Me! determines, in its sole discretion, that any of your actions are inappropriate or disruptive, Gift Me! reserves the right to terminate access to your account, to terminate your ability to post to the Site, and to refuse, delete, or remove any User Content. Gift Me! also reserves the right to remove any User Content for any reason at its own discretion.
Gift Me! shall investigate actions, which may involve violations of system or network security and may involve and cooperate with law enforcement agencies in the prosecution of users who are involved in such violations. These violations may result in civil and/or criminal liability.
You shall be solely responsible for the use of your Gift Me! account. You shall protect the confidentiality of your username and password. You shall not share these logon credentials with anyone else (even temporarily) and, if you have reason to believe that someone has gained unauthorized access through your credentials, you shall contact Gift Me! immediately.
G. Vendor Payment for Use
In order to create an account and use this Site as a Vendor, you must pay a one time registration fee in the amount of $____________________. Once your account is created, you may upload a banner advertisement that will link to your own website. Your banner advertisement will be available for all Users to see at no additional cost to you, unless a User chooses to purchase your products and services by clicking your advertisement.
H. Pay Per Click
As Users click your advertisement banner, you will pay Gift Me! a pay-per-click fee in the amount of $_______.
Gift Me! offers non-tangible irrevocable services. We we do not issue refunds. In the event that Registrant cancels the wedding or any Vendor products and services, it is the sole responsibility of Vendor to collect cancellation fees or refunds from Registrant or Guest.
J. Defamation; Communications Decency Act Notice
This Site is not a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. § 230, and, as such, our liability for defamation and other claims arising out of any postings to this Site by third parties is limited as described therein. We are not responsible for content or any other information posted to this Site by third parties. We neither warrant the accuracy of such postings nor exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
L. Separate Agreements
You may acquire products, services, and/or content from this Site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright and other intellectual property in the content of this Site is owned by us and/or third-parties with whom we have licensing agreements. Except for the limited rights granted herein, all other rights are reserved.
Gift Me! is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content on the Site. Gift Me! also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content (collectively “Content”) that may be found on the Site. This intellectual property of Gift Me! and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in this Agreement are reserved by Gift Me!.
You may access the Site to download and print a single copy of the Content for your own non-commercial, personal use. However, you must preserve all copyright, trademark, service mark, and other proprietary notices contained in any Content of which you make a copy. You shall not copy or adapt any code that Gift Me! creates for the generation or display of the Site; this code is protected under copyright law.
You shall not reproduce, display, publicly perform, distribute or other use the Content for any public or commercial purpose in any manner likely to cause confusion among consumers as to its source, that dilutes the strength of Gift Me!’s or its licensors’ property, or that otherwise infringes Gift Me!’s or its licensors’ intellectual property rights. You shall not sell or modify the Content or use the Content in any other application, web site, or in a networked computer environment for any purpose. Furthermore, you shall in no other way the Content (permitted uses are described in this Agreement).
N. DMCA Notice
This Site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). As required by the DMCA, this Site maintains specific contact information provided below, including an e-mail address, for notification of claimed infringement regarding materials posted to this Site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
GIFT ME! LLC
Attn: Suzanne D. Meehle, Esq.
115 Maitland Avenue
Altamonte Springs, FL 32701
Email: [email protected]
You may contact our agent for notice of claimed infringement, specified above, with complaints regarding allegedly infringing posted material and we will investigate these complaints. It the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of the claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owners, or its agents, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
O. Warranty Disclaimers
EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS,” AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (1) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (3) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Gift Me! does not guarantee the truthfulness, completeness, accuracy, or reliability of any content posted by or communicated in any way by Users. Your use of or reliance on any such information is at your own risk.
P. Limitation of Liability
IN NO EVENT WILL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OF OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR JURISDICTION DOES NOT ALLOW FOR THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SITE WILL BE LIMITED TO U.S. $200 IN THE AGGREGATE.
Gift Me! shall not be held responsible for content posted by Users nor for the activities, omissions, and conduct of Users. Gift Me! has no duty to screen information in advance and is not responsible for screening or monitoring User Content. If Gift Me! is notified of possible violations to this Agreement, Gift Me! may investigate the allegation and, in its sole discretion, determine whether the to remove or request the removal of the offending content. Gift Me! may take any action it deems necessary or appropriate in response to a violation of this Agreement.
You shall assume all risks associated with dealing with strangers, underage persons, or people acting under false pretenses. It is possible that the content posted by other users may be offensive, harmful, or inaccurate. You are responsible for using caution and good judgment when using the Site.
If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with debtor.”
Q. Disputes Between Users
Gift Me! merely provides a network to make connections between Vendors, Registrants, and Guests. Gift Me! is not responsible for any disputes of any nature that may occur between Users. Users shall be solely responsible for handling any disputes that may occur between them.
R. User Content
Gift Me! shall take all reasonable, industry-standard measures to ensure your data is protected from loss, corruption, or destruction. However, in the unlikely event that your data is lost, corrupted, or destroyed, Gift Me! shall have no responsibility or liability for such loss, corruption, or destruction. It is the User’s responsibility to make backup copies of User data to ensure against such loss, corruption, or destruction.
Users and may retain a cached copy of your information even after such information has been deleted from the Website. Gift Me! has no control over how such information is used after it has been removed from the Website.
In addition, third parties may download User Information and may, therefore, have cached copies of the User Information over which Gift Me! has no control. Gift Me! may offer third party services and products to User based on User’s preferences as gleaned from the registration process or thereafter.
You shall indemnify and hold Gift Me! harmless from all claims or cause of actions, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Site, violation of this Agreement, violations of any rights of a third party or allegations thereof, and any disputes between you and Site Users. This indemnification extends to all of Gift Me!’s agents, affiliated companies, employees, contractors, directors, and officers, as well as anyone involved in creating or providing services to Gift Me!. Gift Me! may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you shall cooperate in asserting any available defenses.
T. Links to Third-Party Websites
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof will be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Orlando, Florida, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Florida, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00.
V. Jurisdiction and Venue
The courts of Orange County in the State of Florida, USA, and the nearest U.S. District Court in the State of Florida will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
W. Controlling Law
This Agreement will be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
X. Intended for Use Only Within The United States
This Site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents is illegal is not authorized.
Y. Onward Transfer of Personal Information Outside Your Country of Residence
Any personal information which we may collect on this Site will be stored and processed on our servers located only in the United States. If you reside outside the United States, you consent to the transfer of your personal information outside your country of residence to the United States.
If any provision of these terms is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these terms, and these terms will continue in full force and effect, and be construed and enforced, as if such provisions had not been included, or had been modified as above provided, as the case may be.
AA. Force Majeur
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
GIFT ME! expressly reserves the right to change the pricing of its Services at any time and for any reason, without prior notice to you.
DD. Term and Termination of this Agreement