WEBSITE TERMS AND CONDITIONS OF USE
WeDothankyou, LLC (“Company”)
Website Terms and Conditions of Use
Revised as of October 15, 2014
Welcome to www.wedothankyou.com (the “Website”). Company provides access to the Website, and its services offered in the Website, to you subject to the following terms and conditions. In return for gaining access to the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. If you do not intend to be legally bound by these terms and conditions of use, please do not access or use the Website.
If you visit the Website, you accept these terms and conditions of use. Please read them carefully.
The Website may be viewed internationally, and may contain references to products or services not available in all countries. References to a particular product or service do not imply that the Company intends to make such products or services available in such countries.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communication be in writing.
All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Company, its affiliates or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of Company, its affiliates, or its content suppliers, and is protected by U.S. and international copyrights All software used on the Website is the property of Company, its affiliates, or its software suppliers and is protected by U.S. and international copyright laws. For purposes of these terms and conditions of use, the term “affiliates” means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Company, or any entity or person in which Company, directly or indirectly owns a controlling interest. Nothing contained on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Company.
Company is the owner of the unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation, the following: WeDothankyou name and its logo. The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress or other indicia of trade origin of Company or its affiliates may not be used in connection with any business, product, or service whose source is not Company or one of its affiliates, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Company or any of its affiliates.
Additionally, the couples with profile pages present on the Website have granted the Company a non-exclusive license and right to use their intellectual property pursuant to certain terms of conditions. All right, title and interest in and to the intellectual property of the couples shall remain with the couples.
Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Company displayed or contained in the Website without the express, written consent of Company.
License and Website Access
Company grants you a nonexclusive, nontransferable, limited right and license to access and make personal use of the Website and the material provided herein for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with express, written consent of Company. This license does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Company or its affiliates without its or their respective express, written consent. You may not use any metatags or any other “hidden text” utilizing Company’s or its affiliates’ name or trade names, trademarks, or service marks without the express, written consent of Company. Any unauthorized use terminates the permission or license granted by Company.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic, trade name, trademark, or service mark of Company as part of the link without the express, written consent of Company.
Company and its affiliates attempt to be as accurate as possible. However, Company does not warrant that content of the Website is accurate, complete, reliable, current, or error free.
User Materials and User Content Agreement
The Website allows couples to create a page and directly or indirectly post, select, designate or provide information, photographs, questions and other materials to this Website. By posting, selecting, designating or providing information, photographs, questions and other materials (“User Materials”), you represent, warrant and covenant that you have the full legal right to post, select, designate and/or provide the User Materials and that use of the User Materials by you, the Company and all other persons or entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene or otherwise violate any community or Internet standard; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (f) result in product liability, tort, breach of contract, personal injury, death, or property damage; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party.
By using the Company service, you agree that User Materials or things you post will not:
(a) Contain content that is unlawful, defamatory, offensive, abusive, libelous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit;
(b) Contain advertisement or solicitation of business;
(c) Contain materials that infringe or misappropriate any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others; or
(d) Contain materials that encourage any illegal activity, criminal offense or civil liability.
(2) To submit no unauthorized or unsolicited bulk messages or any other solicitations or communications through the Website; and
(3) To be solely responsible for photos, captions to photos, videos, messages (sent and received), and other content that is uploaded, published, or displayed on or through the Website.
You also agree that:
(1) The Company takes no responsibility and assumes no liability for any content posted by you or any third party;
(2) The account owner is responsible for keeping their account information with correct personal information;
(3) The Company has no obligation to monitor any of the User Materials, but may do so;
(4) Harassment and impersonation of others on the Website are strictly forbidden;
(5) If you terminate your registration, your User Materials will be deleted from the Website; The Company will reasonably attempt to delete any User Materials you provide, however, you acknowledge and agree that copies, derivatives of the User Materials, or copies may still reside within the Service, such as, for instance, backup copies;
(6) The Company does not guarantee, nor is the Company responsible for, the removal of all traces of the User Materials from the Service after you delete the Materials or after your registration is terminated; or
(7) The Company may delete or remove without notice any Site Content or User Content in its sole discretion, for any reason or no reason, including Content that in the sole judgment of the Company, might be offensive, illegal, or that might violate the rights, harm or threaten the safety of users or others.
Upon your posting, selecting, designating, or providing of User Materials, you grant the Company, and the Company thereby accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, the User Materials for the purpose of providing the Website and for all other business purposes of the Company, all without any compensation to you whatsoever. Further, the Company is free to use any ideas, concepts, photographs, methods, know-how, techniques, and processes contained in any User Materials for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information. The Company may remove User Materials from the Website for any or no reason, in the Company’s sole discretion, with or without notice. The Company shall not be responsible for changes, modifications, or removal any User Materials. If you believe that any content or postings on this Website violate your intellectual property or other rights, please follow our Complaint Procedure in these Terms and Conditions.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restriction access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
The Company has no obligation to refund money paid out to the couple in the event of a wedding cancellation. The couple, in its sole discretion, will be responsible for making the decision regarding refunds.
Gifts may be made by using the third party provider Stripe. Any reliance upon the Stripe service and products is at your risk, and Company shall not be responsible to you or any third party for any liability arising from or relating to the use of the Stripe service or products.
The Company does not have a fee to sign-up and create an account. For the use of the Company’s service, there is a total service fee of 5% on each gift. The service fee comprises the credit card processing fee and the Company’s administrative fee.
Company does not sell products for children. If you are under 18, you may use the Website only with involvement of a parent or guardian.
Reviews, Comments, Communications, and Other Content
Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or
cancel orders in their sole discretion. Visitors may not post reviews, comments, and other content, send e-cards and other communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Company reserves the right (but has no obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicated otherwise, you grant Company and its affiliates a nonexclusive, royalty free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content, or materials you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. You grant Company and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Company, its related entities and its affiliates for all claims resulting from content you supply.
These terms and conditions of use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.
You agree to defend the Company and its affiliates, directors, officers, employees, agents, representatives, members, proprietors, partners, shareholders, servants, principals, predecessors, successors, assigns, accountants, attorneys, and contractors (“the Company Indemnitees”) against all claims, actions, suits, and other proceedings of third parties arising out of or incurred in connection with: this Website, the information therein or the User Materials; your use of this Site, the information therein and the User Materials; your fraud, violation of law, or willful misconduct; the acts or omissions of any third party; or, any breach by you of these Terms and Conditions (collectively, “Claims”) and you agree to indemnify and hold all the Company Indemnitees harmless from and against all judgments, losses, obligations, risks, liabilities, damages, costs, settlements, and expenses (including, but not limited to, reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of the Company.
Company respects the intellectual property rights of others, and we ask our users to do the same. In appropriate circumstances and in our discretion, we may terminate the rights of any user to use of the Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that any content or postings on the Website violate your intellectual property or other rights, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and e-mail address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to Company’s designated agent for notice of claims of copyright infringement on the Website are the following addresses:
[P.O. Box address]
Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted materials have been infringed.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGMENT LIABILITY ACT
Disclaimer of Warranties and Limitation of Liability
The Website is provided by Company on an “as is” and “as available” basis. Company makes no representation or warranties of any kind express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
To the fullest extent permissible by applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant that the Website, its servers, or e-mail sent from Company are free of viruses or other harmful components. Company will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
The Website was developed in the United States of America in accordance with and shall be governed by the laws of the State of Alabama, United States of America. By visiting the Website, you agree that the laws of the State of Alabama, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and Company or its affiliates.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in Birmingham, Alabama, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the state of Alabama, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceeding or otherwise.
Site Policies, Modification, and Severability
P.O. Box 8158
Gadsden, AL 35902