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Marry Moment, Inc. Terms of Service

Marry Moment, Inc. (“Marry Moment,” “we,” “us”) sells wedding invitations and stationery via our website, marrymoment.com. We provide service to you subject to the following Terms of Service. Please read these Terms of Service carefully, as these Terms of Service apply to all users of the Website, including users who contribute information, ideas, feedback, and other materials or services on the Website. These Terms of Service were last updated on February 8, 2012.

LEGAL AGREEMENT

By visiting, using, and/or purchasing from the marrymoment.com website or any other websites or pages owned or controlled by Marry Moment (collectively the “Website”) and by using our services, products or websites (collectively the “Service”), you consent to both these Terms of Service and our Privacy Policy, which is incorporated by reference.  We cannot and will not be held liable for any loss or damage arising from your failure to comply with any provision of these Terms of Service.

We may update these Terms of Service without specific notice to you. You are responsible for complying with any such updates.

You affirm that a) you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent to enter into this agreement, b) that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and c) you understand and will comply with all of these Terms of Service.

The Website is not intended for children under 13. If you are under 13 years of age, please do not use the Marry Moment website.

COMMITMENT TO QUALITY

We take pride in the quality of our Service and are committed to delivering a good customer experience. If you are not happy with your order, we may be able to provide a full or partial refund (excluding shipping and handling costs) except under the following circumstances:

  • If you entered the wrong information on the Service or failed to review the proof, we will not provide a refund.
  • If you used wording, grammar, language or content that we recommended against you using, and you used it anyways, we will not provide a refund.
  • If you approved a digital proof of your order prior to printing, and that proof was not modified by us prior to printing, we will not provide a refund.

If your order does not fall into either of the exceptions above, please contact us at support@marrymoment.com within 14 days from the date of shipping or 7 days from the day you received your shipment (whichever is later), in order to receive your refund. If you request a refund and receive it, you agree your acceptance of the refund constitutes your sole and exclusive remedy with respect to the order refunded. You also agree that you will have no right to use the products or services for which you received a refund and agree to return the products in their original condition.

REVIEWING PROOFS

On the Website, we provide space for you to submit your information and review your order before submission. We then check your content for grammar and etiquette and then adjust the design for layout, sizing and spacing. Each order is rendered as a digital proof for approval before any printing begins.

We provide up to 3 complimentary proofs to allow for any changes. We ask that you carefully review your proof, as additional proofs and design work may incur an additional fee.

WEBSITE ACCESS

We grant you permission to use the Website and any services as set forth in these Terms of Service, provided that: a) your use of the Website and services is solely for your personal, noncommercial use, b) you will not copy or distribute any part of the Website in any medium without our prior written authorization; c) you will not alter or modify any part of the Website other than for its intended purpose; d) you are of legal age to form a binding contract and are not a person barred by any laws from using the Website; and e) you will otherwise comply with all terms and conditions of these Terms of Service.  We reserve the right to terminate a user's access to the Website at any time in our sole discretion and without prior notice.

YOUR CONTENT

The Service includes information, data, text, photographs, graphics, creative, video, messages, tags, or other materials ("Content") from many people and entities, and such Content is the sole responsibility of the person or entity that provided it. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service, and for the consequences of your actions (including any loss or damage which Marry Moment may suffer) by doing so. Note that Content is treated differently than “Feedback” which is covered in the section “USER FEEDBACK.”

We do not claim ownership of the Content you submit in connection with the Service. You grant Marry Moment a worldwide, royalty-free, perpetual, irrevocable, sublicensable and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on and in connection with the Service, in any media, including but not limited to, for our marketing and promotional purposes. You agree that this license includes a right for Marry Moment to make such Content available to other companies, organization or individuals with whom Marry Moment has relationships for the provision of the Service.

USER CONDUCT

You agree to not use the Website to:

a. harm minors in any way;

b. impersonate any person or entity, or misrepresent your affiliation with a person or entity;

c. engage in any unsolicited or unauthorized advertising, “spamming” or "chain letters," or any other form of solicitation;

d. stalk or otherwise harass another;

e. transmit or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

f. interfere with or disrupt the website or servers or networks connected to the website; or

g. intentionally or unintentionally violate any applicable local, state, national or international law;

You agree to not upload, post, or transmit or make available any content that:

h. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

i. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information protected under nondisclosure agreements); or

j. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

 

You acknowledge that Marry Moment may or may not pre-screen Content. We have the right, but not the obligation, in our sole discretion to pre-screen, refuse, or remove any Content on the Service. You understand that you may be exposed to Content on the Service that is offensive, indecent or objectionable.

You will not access any of the Services (a) by any means other than through the interface that is provided, or (b) through any automated means (including use of bots, scripts or web crawlers).

You will not override or circumvent any security components or violate any usage rules relating to the protection of digital materials on the Service.

USER ACCOUNTS

In order to use certain services of the Website, you must provide certain information during the registration process (“registration data”). Upon registering for a user account, you will be asked to provide a current email address and create a secure password. You must keep your account password secure, and you are solely responsible for the activity that occurs on your account. You agree that your Registration Data will be accurate and current. If we suspect that your registration information is inaccurate, incomplete, or not current, or if you have otherwise violated these Terms of Service, we reserve the right to suspend or terminate your account at any time and without notice.

INTELLECTUAL PROPERTY

All right, title and interest to the Content available via the Service (which includes the Content, the Service’s look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are the property of Marry Moment Incorporated, its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws. You may not use, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense or otherwise transfer any right, of any part of the Service without the prior written consent of the respective owner.

NO RESALE OF SERVICE

You agree to only use the Service for personal purposes, and not for any unintended use of the Service. You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Service’s websites.

USER FEEDBACK

By submitting feedback, ideas, ratings, reviews, or suggestions ("Feedback") to Marry Moment, publicly through its suggestion or feedback web pages, or privately through one of our customer service channels (including but not limited to phone, online forms, email, chat, feedback forums, and blogs), you acknowledge and agree that: (a) your Feedback automatically becomes the property of Marry Moment without any obligation of Marry Moment to you; (b) your Feedback does not contain confidential or proprietary information of you or any third party; (c) Marry Moment may use or disclose such Feedback for any purpose, in any way, in any media worldwide; (d) Marry Moment may have something similar to the Feedback already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from Marry Moment.

MODIFICATIONS TO SERVICE

We reserve the right to modify or discontinue, temporarily or permanently, the Website or Service (or any part thereof) with or without notice to you at any time. Marry Moment shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of our Website. This includes, but is not limited to, discontinuance of products and modification of prices.

ACCOUNT TERMINATION

You agree that Marry Moment may terminate your account and access to the Service at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Service, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Marry Moment account includes deletion of your Content, deletion of your password and all related information, and files and content associated with your account. Further, you agree that Marry Moment shall not be liable to you or any third party for any termination of your account or access to the Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. MARRY MOMENT AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Marry Moment and its affiliates, members, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; or (ii) the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.

Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Under no circumstances will Marry Moment be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

LIMITATION OF LIABILITY

You expressly understand and agree that Marry Moment and its affiliates, members, officers, employees, agents, partners and licensors shall 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 Marry Moment has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; or (e) any other matter relating to the Service.

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.

DISCLAIMER

Any views, statements, advice or other information made available or expressed by third parties or users including but not limited to bloggers, are those of the respective third party or user and not of Marry Moment. While we actively seek community participation on our website through these various means, we do not endorse and are not responsible for the reliability or accuracy of any advice, opinion or statement made on the Service.

GENERAL

The Terms and the relationship between you and Marry Moment shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Marry Moment agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of Marry Moment to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Your Marry Moment account is non-transferable and any rights to your contents within your account terminate upon your death. You may not assign your rights or delegate your duties under this Agreement either in whole or in part without the prior written consent of Marry Moment, and any attempted assignment or delegation without such consent will be void. Marry Moment may assign or delegate this Agreement in whole or part, without restriction. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. You agree that there shall be no third-party beneficiaries to this agreement. The section titles in these Terms are for convenience only and have no legal or contractual effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

Note, our logo and the designer name may be included unless otherwise noted.

Please report any violations of these Terms to info@marrymoment.com.

CONSUMER RIGHTS INFORMATION

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: Pricing information is posted as part of the ordering pages for this site. If you have a question or complaint regarding the Service, please send an email to info@marrymoment.com. You may also contact us by writing to Attention: Customer Service: Marry Moment, 257 Castro Street, Suite 104, Mountain View, CA 94041. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834.