THESE TERMS REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT ACCESS OR USE THE SITES OR SERVICES OR PURCHASE OUR PRODUCTS OR SERVICES IF YOU DO NOT AGREE.
YOU AGREE THAT THESE TERMS ARE SUPPORTED BY GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH YOU HEREBY ACKNOWLEDGE. SUCH CONSIDERATION INCLUDES, WITHOUT LIMITATION, YOUR USE OF THE SITES AND THE MATERIALS AND INFORMATION AVAILABLE ON THE SITES AND THE POSSIBILITY OF PUBLICATION OR PUBLICITY OF YOUR USER CONTENT.
We reserve the right to change any of these Terms at any time without prior notice to you. You agree that our posting of revised Terms will constitute notice to you of such revised Terms and that your access or use of the Sites after such posting constitutes your agreement to be bound by such changes and the revised Terms. Consequently, please review these Terms before each and any access or use of the Sites. Any changes to these Terms will become a part of these Terms and will apply as soon as they are posted or such later date as may be specified in the posted Terms.
Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Sites or Services will be subject to these Terms.
2. INTELLECTUAL PROPERTY
The Sites and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, the “Site Content”), and all intellectual property rights to the same, are owned by us, our licensors or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Sites are owned by us, our licensors or both. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in the Sites or any Site Content. Any rights not expressly granted in these Terms are expressly reserved.
3. ACCESS AND USE
A. Access to the Sites including, without limitation, the Site Content, is provided for your information and personal, non-commercial use only. When using the Sites, you agree to comply with all applicable federal, state and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit or otherwise exploit Site Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Site Content or both. In such a case, you may download or print (as applicable) one copy of Site Content for your personal, non-commercial use only. You acknowledge and agree that you do not acquire any ownership rights by downloading or printing Site Content.
B. Except as expressly permitted in these Terms, you may not:
i. remove, alter, cover or distort any copyright, trademark or other proprietary rights notice on the Sites or Site Content;
ii. circumvent, disable or otherwise interfere with security-related features of the Sites including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Sites or Site Content;
iii. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Sites or Site Content for any purpose without the express written permission of Chloe Nicole Weddings;
iv. collect or harvest any personally identifiable information from the Sites including, without limitation, user names, passwords or email addresses;
v. solicit other users to join or become members of any commercial online service or other organization;
vi. attempt to or interfere with the proper working of the Sites or impair, overburden or disable the same;
vii. decompile, reverse engineer or disassemble any portion of the Sites;
viii. use network-monitoring software to determine architecture of or extract usage data from the Sites;
ix. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person or entity (e.g., using another person’s Membership without permission);
x. violate U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
xi. engage in any conduct that restricts or inhibits any other user from using or enjoying the Sites.
C. Notwithstanding anything to the contrary contained in clause (B)(iii) above, Chloe Nicole Weddings grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Site Content from the Sites for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Site Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time.
D. You agree to cooperate fully with Chloe Nicole Weddings to investigate any suspected or actual activity that is in breach of these Terms.
4. CONDITIONS FOR LINKING TO THE SITES
We hereby grant you a non-exclusive, limited license, revocable at our discretion, for any reason and for no reason, for you to link to the Sites home page from any site you own or control that is not commercially competitive with the Sites and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.
5. USER REGISTRATION
A. In order to access or use some features of the Sites, you will have to become a registered user. If you are under the age of eighteen, then you are not permitted to register as a user or otherwise submit personal information to Chloe Nicole Weddings.
B. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (a “Membership”), which may grant you access to certain areas of the Sites not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at [email protected] of any breach of security or unauthorized use of your Membership.
6. USER CONTENT; COMMENTS
A. We may now or in the future permit users to post, upload, transmit through or otherwise make available on the Sites (collectively, “submit”) messages, comments, text, illustrations, files, images, graphics, photos, sounds, music, videos, information, content and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. It is your sole responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. The interactive areas of the Sites are provided to give users a forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to the Sites. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you on the public areas of the Sites. We do not guarantee any confidentiality with respect to User Content, even if it is not published on the Sites.
B. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right without the express permission of the owner of the respective right. You are solely liable and agree to indemnify us for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
C. By submitting any User Content on, or communicating with, the Sites or other channels (including, but not limited to posting a comment to a Sites post; publishing a picture or video on our social media profile; participating in an Internet conversation by publishing a Tweet that incorporates a hashtag encouraged by or otherwise referencing us or the Sites, or via Instagram or other social media platform; submitting User Content to us via email in response to a request for submissions on the Sites or other social media platform), you represent, warrant and covenant that you will not submit any User Content that:
i. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right of any person or entity;
ii. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
iii. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
iv. is an advertisement for goods or services or a solicitation of funds;
v. includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses or employer references;
vi. contains a formula, instruction or advice that could cause harm or injury;
vii. is a chain letter of any kind; or
viii. would result in us having any obligation or liability to any party.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Sites will not be permitted.
D. By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) as we, in our sole discretion, deem appropriate, including, without limitation: (i) in connection with our business; and (ii) in connection with the businesses of our successors, parents, subsidiaries and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Sites and these Terms. The granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt and remove such content and combine the same with other materials. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you.
E. By submitting User Content, you also grant us the right, but not the obligation, to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to such User Content.
F. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the Sites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
G. We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when posting or viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. Further, we reserve the right to delete, move or edit any User Content submitted at any time, for any reason and in our sole discretion. We may discontinue operation of the Sites, or your use of the Sites, in either case in whole or in part, at our sole discretion. You have no right to maintain or access your User Content on the Sites and we have no obligation to return your User Content or otherwise make it available to you.
7. SITE CONTENT AND THIRD-PARTY LINKS
A. We provide the Sites including, without limitation, Site Content and User Content, for entertainment, educational and/or promotional purposes only. You may and should not rely on any information or opinions expressed on the Sites for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness or usefulness of Site Content or User Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Site Content or User Content.
B. In many instances, Site Content will include content posted by a third party or will represent the opinions and judgments of a third party, including, without limitation, User Content. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness or reliability of any opinion, advice or statement made on the Sites by anyone other than authorized employees or spokespersons of Chloe Nicole Weddings while acting in their official capacities.
C. If there is a dispute between persons accessing the Sites or between persons accessing the Sites and any third party, we are under no obligation to become involved. If there is such a dispute, you hereby release Chloe Nicole Weddings and its officers, directors, employees, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
D. The Sites may contain links to other sites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party sites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party sites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their sites.
E. The Sites does not provide any medical advice. No Site Content is intended to be professional medical advice, diagnosis or treatment, or a substitute thereof. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or a wellness program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites.
The Sites may include certain services that may be available via your mobile phone, including, without limitation, (i) the ability to upload to the Sites via your mobile phone (“Mobile Uploads”), (ii) the ability to receive and reply to messages and to send content and messages using text messaging (“Mobile Texts”), and (iii) the ability to access the Sites from your mobile phone (“Mobile Web”) (collectively, the “Mobile Services”). We do not currently charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will, however, still apply. By using the Mobile Services you agree that we may communicate with you regarding the Sites and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.