This "Agreement" is a contract between each party ("User") who accesses Wedsimple.com site (the "Site") and the proprietor of the Site ("Simple.com, L.L.C.", a company having a place of business in New Orleans, LA) regarding access to, and use of, the Site. By accessing, or otherwise using, the Site, User agrees to be bound by this Agreement and acknowledges the consideration provided by Wedsimple.com in support of this Agreement, and particularly including the disclaimers, limitation of liability and provisions related to prohibited conduct and remedies set-out herein. Wedsimple.com reserves the right to change this Agreement at its sole discretion by posting revisions thereto on the Site. Continued accessing, or otherwise using, the Site following any such revision(s) constitutes acceptance of the revised Agreement. USER AGREES TO REVIEW THIS AGREEMENT AND ANY CHANGES THERETO REGULARLY ENOUGH DURING THE PERIOD OF TIME IN WHICH SUCH USER ACCESSES THE SITE TO ENSURE THAT SUCH USER REMAINS FAMILIAR AND IN COMPLIANCE WITH THIS AGREEMENT. Any User not agreeing with this Agreement or any changes to or revisions thereof must terminate access to, or other use of, the Site immediately.
1. Registration, Accounts and Passwords.
Wedsimple.com site includes a number of wedding related services ("Services") such as personalization, web hosting, and planning tools, all made available after registration. A User agrees to provide accurate and current information for such registration, and to update such information completely and timely as needed. User agrees not to deceive or obfuscate in making such registration.
2. Use of Site.
A USER AGREES THAT SUCH USER SHALL USE THE SITE SOLELY FOR THE PURPOSES INTENDED, NAMELY, A WEB SITE FOR PERSONAL USE OR AS OTHERWISE REFLECTED ON THE SITE ITSELF BY Wedsimple.com, AND SHALL NOT USE THIS SITE FOR COPYING OF THE SITE ITSELF OR ANY PORTION THEREOF OR ANY CONTENT OR MATERIAL ON IT OR ABOUT IT, OR TO MAKE FALSE OR FRAUDULENT REPRESENTATIONS OR TO POST, PERFORM, OR OTHERWISE DISTRIBUTE OR KNOWINGLY ALLOW ANOTHER TO POST, PERFORM, OR OTHERWISE DISTRIBUTE, ANY UNAUTHORIZED MATERIAL OWNED BY ANOTHER INCLUDING INFORMATION IN ANY FORM, MUSIC, SOFTWARE, PHOTOGRAPHS OR IMAGES, FACSIMILES OR OTHER MATERIAL WHICH IS EITHER A TRADE SECRET OF ANOTHER OR IS PROTECTED BY ANY INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY, OR OTHER RIGHT, WITHOUT OBTAINING PERMISSION OF THE RIGHT HOLDER. A User shall not use any devices or methodology to monitor or copy any web pages or content found on the Site, without the prior written consent of Wedsimple.com. A User shall not: (a) post or otherwise distribute any defamatory, obscene or unlawful material or information, any information encouraging conduct that would constitute a criminal offense or give rise to civil liability, any information or software which contains a virus, worm or other harmful or damaging component, or any photographs containing obscene images (as determined by and in the sole discretion of Wedsimple.com) or unauthorized images of another or in which another owns rights, any unauthorized music or musical composition or performance; (b) defame, harass, threaten or otherwise violate the legal rights of another; or (c) exploit the Site for any commercial purposes or otherwise use the Site in a manner which is contrary to the law of any country or locality.
4. Payment for Services.
All Services on the Site are offered by Wedsimple.com on a payment basis, after an initial free trial period. A User warrants that all information submitted in association with such payment by such User is correct and that such User is of the age sufficient to execute an Agreement in the jurisdiction of such User's residence. A User further warrants that any costs of collection that may be incurred by Wedsimple.com regarding such payments including reasonable attorney fees will be born by the User.
5. User Responsibility.
A User is solely responsible for all results of acts or omissions that occur through such User's actions and for maintaining the confidentiality of any password or account information in the User's control. A USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS Wedsimple.com, ITS OWNER(S), AGENTS, EMPLOYEES, AND CONSULTANTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM THE USE OF THE SITE BY USER, THE VIOLATION BY USER OF THIS AGREEMENT, OR THE INFRINGEMENT BY USER OF ANY RIGHT OF ANOTHER. Users agree to immediately notify Wedsimple.com of any unauthorized use of their account or any other breach of security known to them.
6. Related Links.
Wedsimple.com may provide access to various other sites ("Related Links") but does not warrant the accuracy, completeness, or any other aspect of information provided through such Related Links and does not warrant or endorse any goods or services available through such Related Links. Information obtained from such Related Links should be independently verified before relied upon for any purpose. Goods and services available through such Related Links should be independently assessed before purchase thereof by a User. A User agrees that all dealings with any third party, including those of which it learns on the Site, are strictly the responsibility of such User and such third party, and Wedsimple.com shall have no responsibility or liability associated with any such dealings.
7. No Warranties.
A User understands and agrees that: (a) the Site is subject to various vagaries of electronic transmission, data storage and computer, server, or internet availability that can occasionally cause the Site to be unavailable for periods of time or may cause the loss of information, data or content, and (b) the Site is subject to hacking, circumvention or other breaches of security arising out of efforts of third parties who may unlawfully and without authorization avoid the normal processes and procedures employed on the Site. Wedsimple.com shall have no liability for such unavailability, or loss or such hacking, circumvention or other breaches. Accordingly, A USER AGREES THAT Wedsimple.com MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR THE SERVICES SHALL BE AVAILABLE AT ALL TIMES, OR BE SECURE, OR WITHOUT ERROR OR MISTAKE OR THAT DATA OR OTHER CONTENT MAY NOT BE LOST OR MISAPPROPRIATED. Moreover, THE SITE, AND ITS CONTENTS, ARE PROVIDED "AS IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; QUIET ENJOYMENT; OR NON-INFRINGEMENT. Wedsimple.com IS NOT RESPONSIBLE FOR ANY CONTENT ON THE SITE SUPPLIED BY ANY USER OR THIRD PARTY, OR FOR DAMAGES OR ANY CLAIM OF LOSS CAUSED BY THE INTERNET, COMPUTER, STORAGE, OR TRANSMISSION FAILURE, OR CONTENT ON THE SITE AND/OR OR THROUGH ANY RELATED LINK OR FOR MISAPPROPRIATION OR MISUSE OF CONTENT ON THE SITE. FURTHERMORE, Wedsimple.com DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET ANY OF USER'S EXPECTATIONS.
You agree that the Username (Email address) and Password you have chosen to set up an account on Wedsimple.com shall be kept strictly confidential by you. You will notify Simple.com, L.L.C immediately if you discover loss or access to such information by another party not under your control and supervision. You agree not to use a Username and Password used by or easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Simple.com, L.L.C. shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
9. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Wedsimple.com, IT's OWNERS OR AGENTS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE Wedsimple.com SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Wedsimple.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
10. Rights to Terminate Use.
A User agrees that Wedsimple.com reserves the right, without prejudice to its other rights, to suspend or terminate the Account of a User relating to use of the Site at any time where Wedsimple.com has determined, in its sole discretion, that the use of the Site by such User is, or was, in breach of this Agreement. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO Wedsimple.com AND WITHOUT ANY LIABILITY WHATSOEVER, Wedsimple.com AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS BY A USER TO THE SITE OR REMOVE CONTENT FROM THE SITE OF A USER AS Wedsimple.com MAY IN ITS SOLE DISCRETION DEEM ADVISABLE.
"Wedsimple.com" is a trademark of Simple.com, L.L.C. Any use of any of the marks, names, logos, or other indicia appearing on the Site without the prior written consent of Wedsimple.com or the owner of the respective marks, names, logos, or other indicia, is prohibited.
12. Ownership of Site and Copyrights.
A User agrees that the site is the property of Wedsimple.com. NONE OF THE CONTENT FOUND ON THE SITE MAY BE COPIED, REPRODUCED, REPUBLISHED, SOLD, TRANSFERRED, MODIFIED OR DISTRIBUTED IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF Wedsimple.com, EXCEPT BY A USER BUT ONLY REGARDING CONTENT SUPPLIED BY SUCH USER. Moreover, all content on the Site, except for content provided by any User, is: Copyright Wedsimple.com, as of the year of first publication, beginning in 2003. All rights are reserved. Any copying, republication, derivation, or redistribution of such content, including by framing or other means, is prohibited, without the prior written consent of the owner.
13. Fees and Refund Policy
All fees for Wedsimple.com services and products will be provided to Wedsimple.com in US dollars. All fees will be collected via a valid credit card.
Your account will transition from a trial account to a membership account upon notification from our third party merchant service that the required membership fee has been successfully billed to your credit card or upon the successful clearance of a personal check in the proper amount sent to our payment address. At this time we will consider your membership paid and in good standing.
Likewise, renewals of wedding web site services are considered paid upon notification from our third party merchant service that the required renewal fee has been successfully billed to your credit card or upon the successful clearance of a personal check in the proper amount sent to our payment address.
If you request a payment refund on a good standing account within one week (7 days) from the date of payment, Wedsimple.com will refund the full amount of your payment and terminate your membership.
Wedsimple.com will not issue a refund for any payment after 7 days from the date of such payment.
In addition, for product purchases marked as 'non-refundable', Wedsimple.com will not issue a refund for any purchase.
14. No Licenses, No Copying, No Cloning, No Infringement, No Misuse Permitted.
A User agrees that content available through the Site and the software associated with or implementing the Site and all aspects thereof are protected by intellectual property rights including, but not limited to, copyright, trademark, and/or patent, and agrees not to take any action that would compromise or the integrity of the Site, or copy its content, style, look, format, structure or software, or copy, decompile, disassemble, or reverse engineer any software, programs, designs, pages or screens used in or in connection with the Site. Except as expressly provided, nothing shall be construed as conferring any license, expressed, implied, or by waiver or estoppel, under any of Wedsimple.com's or any third party's intellectual property rights. A User agrees further not to use any of the intellectual property rights mentioned above for any purpose other than the purpose for which such rights are made available in association with the Site.
USER FURTHER AGREES THAT ANY VIOLATION OR INFRINGEMENT OF ANY OF THE RIGHTS OF Wedsimple.com, OR MISUSE OF THE SITE FACILITATED OR MADE POSSIBLE BY THE ACCESS OR VIEWING OR OTHER USE OF THE SITE, SHALL CONSTITUTE A MATERIAL BREACH OF THIS AGREEMENT. MOREOVER, AS IT MAY BE DIFFICULT TO QUANTIFY DAMAGES AT ANY GIVEN TIME ARISING FROM SUCH BREACH, SUCH USER AGREES THAT THE SUM OF USD 5,000 IS A REASONABLE ESTIMATE OF THE LIKELY DAMAGES ON A WORLD WIDE BASIS PER DAY FOR EACH VIOLATION, INFRINGEMENT OR MISUSE AND USER AGREES TO PAY LIQUIDATED DAMAGES OF USD 5,000 PER DAY PER VIOLATION OR INFRINGEMENT OR MISUSE. IF USER OR ITS ASSIGNS OR OTHERS TO WHICH INFORMATION GIVING RISE TO SUCH VIOLATION OR INFRINGEMENT HAS BEEN GIVEN BY USER, COMMITS VIOLATION OR INFRINGEMENT OR USES SUCH INFORMATION, FOR A COMMERCIAL OR COMPETING WEBSITE OR BUSINESS, THE DAMAGES EXPERIENCED BY Wedsimple.com ARE REASONABLY EXPECTED TO BE DOUBLED AT LEAST AND LIQUIDATED DAMAGES SHALL BE INCREASED DUE TO THE INCREASED HARM THEREFROM SUCH THAT LIQUIDATED DAMAGES OF USD 10,000 SHALL BE PAID BY USER AND SUCH ASSIGNS OR OTHERS, JOINTLY AND SEVERALLY, PER DAY OF SUCH VIOLATION OR INFRINGEMENT OR USAGE. USER HEREBY AGREES THAT Wedsimple.com MAY SUE FOR ENFORCEMENT OF THE RIGHTS MENTIONED HEREIN, FOR PAYMENT OF SUCH LIQUIDATED DAMAGES, AND FOR INJUNCTION, IN ANY COURT OF ITS CHOOSING IN LOUISIANA OR MASSACHUSETTS AND USER HEREBY SUBMITS TO IN PERSONAM JURISDICTION THEREIN AND AGREES TO THE ENFORCEMENT IN ITS COUNTRY OF RESIDENCE OR DOMICILE OF ANY JUDGMENT ARISING OUT OF SUCH SUIT. USER ALSO AGREES TO PAY THE ATTORNEYS FEES AND COSTS OF Wedsimple.com IN ALL SUCH ACTIONS AND ENFORCEMENT PROCEEDINGS AND TO INDEMNIFY AND HOLD HARMLESS Wedsimple.com FROM ALL DAMAGES, HARM, LOSS OF BUSINESS, LOSS OF REPUTATION OR OTHER INJURY CAUSED BY USER OR ITS ASSIGNS OR OTHERS TO WHOM USER PROVIDED INFORMATION DERIVED IN ANY WAY FROM MISUSE OF THE SITE, AND WHO COMMIT VIOLATION OR INFRINGEMENT OR USE SUCH INFORMATION, FOR A COMMERCIAL OR COMPETING WEBSITE OR BUSINESS AND USER AGREES TO COOPERATE IN ALL WAYS TO ASSIST Wedsimple.com IN ENDING SUCH HARM, VIOLATION, INFRINGEMENT OR USE. USER AGREES THAT THE RIGHTS OF Wedsimple.com REGARDING SUCH USER ARE RENEWED WITH EACH USAGE OF THE SITE BY SUCH USER, AND ANY USER WHO HAS PREVIOUSLY VIOLATED OR INFRINGED OR MISUSED THE RIGHTS OF Wedsimple.com OR ASSISTED OTHERS IN DOING SO AND RETURNS TO OR ACCESSES THE SITE AGAIN AND THEREAFTER CONTINUES OR RENEWS ITS PREVIOUS VIOLATION OR INFRINGEMENT OR MISUSE OR DOES NOT ACT IMMEDIATELY TO END THE VIOLATION, INFRINGEMENT OR MISUSE THAT IT PREVIOUSLY ASSISTED SHALL BE LIABLE HEREUNDER FOR ALL SUCH VIOLATIONS, INFRINGEMENTS OR MISUSES FROM THEIR FIRST INITIATION WHENEVER THEY MAY HAVE BEGUN. ALL RIGHTS OF Wedsimple.com HEREUNDER SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
15. Termination and Expiration.
As defined above, Wedsimple.com may terminate access by a User to the Site in its sole discretion at any time. Moreover, a User's access to the site will also be terminated at the expiration of a Free Trial period (typically 7 days) or the term for which payment has been made (typically a maximum term of 18 months). Such termination or expiration, of or for a User, shall not affect any existing right to relief, at law or in equity, of Wedsimple.com. Upon termination or expiration, all rights of such User shall terminate and any rights in content shall be belong to Wedsimple.com.
Wedsimple.com and a User shall be independent or each other for all purposes and no relationship as partners, joint ventures, fiduciaries, employees or agents of the other shall be inferred or implied.
A User may not assign or delegate any rights or obligations hereunder. Wedsimple.com may assign and/or delegate all of its rights and/or duties at its sole discretion to any third party.
18. Entire Agreement.
A User agrees that this Agreement is the complete statement of the Agreement between such User and Wedsimple.com and supersedes any other communications between such User and Wedsimple.com relating to access of or use of the Site. Thus, this is the entire agreement between Wedsimple.com and a User. However, its provisions other than those above related to "No Warranties" and "Limitations of Liability" of the Wedsimple.com are severable to preserve the validity of the Agreement to the maximum extent possible. In the event that any provision of this Agreement should be determined to be unenforceable or invalid to any extent by a Court of competent jurisdiction, such provision shall be deemed to be modified as needed to ensure its enforceability to the maximum extent permitted under the law and shall not affect the validity and enforceability of any other remaining provisions.
19. Applicable Law.
This Agreement is interpreted under, and governed by, the laws of the state of Louisiana and the United States of America. User consents to the exclusive jurisdiction of the State and Federal Courts of the State of Louisiana, at the sole discretion of Wedsimple.com, in respect of all claims or disputes arising out of this Agreement or any aspect of performance thereunder or in any way connected with the Site or the rights of Wedsimple.com.
20. User Acknowledgement and Agreement.
User acknowledges that such User has read this Agreement and agrees to be bound by it as a condition precedent to continuing access to or use of the Site in any way. Furthermore, User acknowledges that a User's Site is a wedding site reflecting the joint wishes of both parties to the wedding contemplated on the User's Site. Accordingly, if at any time, one of such parties to such wedding wishes the Site to be deactivated, and notifies Wedsimple.com in writing, the Site shall be deactivated without refund, as soon as practicable with no liability whatsoever for Wedsimple.com. Moreover, Wedsimple.com reserves the right to remove anything from a Site that it deems in its sole discretion to be inappropriate for public display, or inconsistent with good decorum.
This is the web site of Wedsimple.com. Your privacy is very important to us.
For each visitor to our Website, our web server automatically recognizes the consumer's domain name and e-mail address (where possible).
You agree that your wedding web site will be made public on the world wide web. Your web site will be visible to the public and also search engines, such as Google. You have the option of switching off your web site at any time by clicking on 'Settings' at the top right hand side of your account after you sign in. User can also also close their account at any time by clicking on 'Support' and then 'FAQ' and then 'How do I close my account?'.
We collect aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations, name and address, telephone number, fax number.
The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor and is not shared with other organizations for commercial purposes.
If you do not want to receive e-mail from us in the future, please let us know by accessing your account options.
With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and we will use for these new purposes only data collected from the time of the policy change forward. If you are concerned about how your information is used, you should check back at our web site periodically.
Customers may prevent their information from being used for purposes other than those for which it was originally collected by e-mailing us at the above address.
Upon request we provide site visitors with access to contact information (e.g., name, address, phone number) that we maintain about them .
Consumers can correct any information by accesssing their account.
With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.
We can be reached via e-mail for comments relating to any part of this policy at firstname.lastname@example.org.
Wedsimple.com reserves the right to revise, amend, or modify this policy, our Agreement and our other policies and agreements at any time and in any manner.