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Terms of Service
A. Your Relationship with
BridalDiscounters.com
Your use of
BridalDiscounters.com products and
services (herein referred to as the
“Services”) is subject to the terms of
a legal agreement between you and
BridalDiscounters.com.
“BridalDiscounters.com” whose
principal place of business is at 927
Nicollet Mall, Minneapolis, MN, United
States. This document explains how
the agreement is made up, and sets out
some of the terms of that agreement.
Unless
otherwise agreed in writing with
BridalDiscounters.com, your agreement
with BridalDiscounters.com will always
include, at a minimum, the terms and
conditions set out in this document.
These are referred to in this document
as the “Universal Terms”.
Your
agreement with BridalDiscounters.com
will also include the terms of any
Legal Notices applicable to the
Services, in addition to the Universal
Terms. All of these are referred to
below as the “Additional Terms”. Where
Additional Terms apply to a Service,
these will be accessible for you to
read either within, or through your
use of, that Service.
The
Universal Terms, together with the
Additional Terms, form a legally
binding agreement between you and
BridalDiscounters.com in relation to
your use of the Services. It is
important that you take the time to
read them carefully. Collectively,
this legal agreement is referred to
below as the “Terms”.
If there
is any contradiction between what the
Additional Terms say and what the
Universal Terms say, then the
Additional Terms shall take precedence
in relation to that Service.
B. Your
Acceptance of the Terms
In order to use the
Services, you must first agree to the
Terms. You may not use the Services if
you do not accept the Terms.
You can
accept the Terms by:
(A) clicking to
accept or agree to the Terms, where
this option is made available to you
by BridalDiscounters.com in the0
user interface for any Service; or
(B) by
actually using the Services. In this
case, you understand and agree that
BridalDiscounters.com will treat
your use of the Services as
acceptance of the Terms from that
point onwards.
You may not use the
Services and may not accept the Terms
if (a) you are not of legal age to
form a binding contract with
BridalDiscounters.com, or (b) you are
a person barred from receiving the
Services under the laws of the United
States or other countries including
the country in which you are resident
or from which you use the Services.
Before
you continue, you should print off or
save a local copy of the Universal
Terms for your records.
C.
BridalDiscounters.com Language
Translation of the Terms
Where
BridalDiscounters.com has provided you
with a translation of the English
language version of the Terms, then
you agree that the translation is
provided for your convenience only and
that the English language versions of
the Terms will govern your
relationship with
BridalDiscounters.com.
If there
is any contradiction between what the
English language version of the Terms
says and what a translation says, then
the English language version shall
take precedence.
D.
Provision of the Services by
BridalDiscounters.com
BridalDiscounters.com
has affiliated legal entities around
the world (“Affiliates”). Sometimes,
these companies will be providing the
Services to you on behalf of
BridalDiscounters.com itself. You
acknowledge and agree that Affiliates
will be entitled to provide the
Services to you.
BridalDiscounters.com is constantly
creating new products and services.
You acknowledge and agree that the
form and nature of the Services which
BridalDiscounters.com provides may
change from time to time without prior
notice to you.Furthermore, you
acknowledge and agree that
BridalDiscounters.com may stop
(permanently or temporarily) providing
the Services (or any features within
the Services) to you or to users
generally at BridalDiscounters.com’s
sole discretion, without prior notice
to you. You may stop using the
Services at any time. You do not need
to specifically inform
BridalDiscounters.com when you stop
using the Services.
You
acknowledge and agree that if
BridalDiscounters.com disables your
access to Services, you may be
prevented from accessing the Services.
E. Use
of BridalDiscounters.comServices by you
In order to access
certain Services, you may be required
to provide information about yourself
(such as identification or contact
details) as part of the registration
process for the Service, or as part of
your continued use of the Services.
You agree that any registration
information you give to
BridalDiscounters.com will always be
accurate, correct and up to date.
You agree
to use the Services only for purposes
that are permitted by (a) the Terms
and (b) any applicable law, regulation
or generally accepted practices or
guidelines in the relevant
jurisdictions (including any laws
regarding the export of data or
software to and from the United States
or other relevant countries).
You agree
not to access (or attempt to access)
any of the Services by any means other
than through the interface that is
provided by BridalDiscounters.com,
unless you have been specifically
allowed to do so in a separate
agreement with BridalDiscounters.com.
You specifically agree not to access
(or attempt to access) any of the
Services through any automated means.
You agree
that you will not engage in any
activity that interferes with or
disrupts the Services (or the servers
and networks which are connected to
the Services).
Unless
you have been specifically permitted
to do so in a separate agreement with
BridalDiscounters.com, you agree that
you will not reproduce, duplicate,
copy, sell, trade or resell the
Services for any purpose.
You agree
that you are solely responsible for
(and that BridalDiscounters.com has no
responsibility to you or to any third
party for) any breach of your
obligations under the Terms and for
the consequences (including any loss
or damage which BridalDiscounters.com
may suffer) of any such breach.
F. Your
BridalDiscounters.com access passwords
and security
You agree and
understand that you are responsible
for maintaining the confidentiality of
passwords associated with any account
you use to access the Services.
Accordingly, you agree that you will
be solely responsible to
BridalDiscounters.com for all
activities that occur under your
account.
If you
become aware of any unauthorized use
of your password or of your account,
you agree to notify
BridalDiscounters.com immediately.
G.
Privacy and your personal information
For information about
BridalDiscounters.com’s privacy policy
go to: at
http://www.BridalDiscounters.com.com/site/privacy-policy.html.
This policy explains how
BridalDiscounters.com treats your
personal information, and protects
your privacy, when you use the
Services.
H.
Content included in the Services
You understand that all
information (such as data files,
written text, computer software,
music, audio files or other sounds,
photographs, videos or other images)
which you may have access to as part
of, or through your use of, the
Services are the sole responsibility
of the person from which such content
originated. All such information is
referred to below as the “Content”.
You
should be aware that Content presented
to you as part of the Services,
including but not limited to
advertisements in the Services and
sponsored Content within the Services
may be protected by intellectual
property rights which are owned by the
sponsors or advertisers who provide
that Content to BridalDiscounters.com
(or by other persons or companies on
their behalf). You may not modify,
rent, lease, loan, sell, distribute or
create derivative works based on this
Content (either in whole or in part)
unless you have been specifically told
that you may do so by
BridalDiscounters.com or by the owners
of that Content, in a separate
agreement.
BridalDiscounters.com reserves the
right (but shall have no obligation)
to pre-screen, review, flag, filter,
modify, refuse or remove any or all
Content from any Service.
You
understand that by using the Services
you may be exposed to Content that you
may find offensive, indecent or
objectionable and that, in this
respect, you use the Services at your
own risk.
You agree
that you are solely responsible for
(and that BridalDiscounters.com has no
responsibility to you or to any third
party for) any Content that you
create, transmit or display while
using the Services and for the
consequences of your actions
(including any loss or damage which
BridalDiscounters.com may suffer) by
doing so.
I.
Proprietary rights
You acknowledge and
agree that BridalDiscounters.com (or
BridalDiscounters.com’s licensors) own
all legal right, title and interest in
and to the Services, including any
intellectual property rights which
subsist in the Services (whether those
rights happen to be registered or not,
and wherever in the world those rights
may exist). You further acknowledge
that the Services may contain
information which is designated
confidential by BridalDiscounters.com
and that you shall not disclose such
information without
BridalDiscounters.com’s prior written
consent.
Unless
you have agreed otherwise in writing
with BridalDiscounters.com, nothing in
the Terms gives you a right to use any
of BridalDiscounters.com’s trade
names, trade marks, service marks,
logos, domain names, and other
distinctive brand features.
If you
have been given an explicit right to
use any of these brand features in a
separate written agreement with
BridalDiscounters.com, then you agree
that your use of such features shall
be in compliance with that agreement,
any applicable provisions of the
Terms, and BridalDiscounters.com's
brand feature use guidelines as
updated from time to time. These
guidelines can be obtained on request
from BridalDiscounters.com.
You agree
that you shall not remove, obscure, or
alter any proprietary rights notices
(including copyright and trade mark
notices) which may be affixed to or
contained within the Services.
Unless
you have been expressly authorized to
do so in writing by
BridalDiscounters.com, you agree that
in using the Services, you will not
use any trade mark, service mark,
trade name, logo of any company or
organization in a way that is likely
or intended to cause confusion about
the owner or authorized user of such
marks, names or logos.
J.
Service Usage License from
BridalDiscounters.com
You may not (and you
may not permit anyone else to) copy,
modify, create a derivative work of,
reverse engineer, decompile or
otherwise attempt to extract the
source code of this site or any of its
pages, or the products sold from this
site or any part thereof, unless this
is expressly permitted or required by
law, or unless you have been
specifically told that you may do so
by BridalDiscounters.com, in writing.
Unless
BridalDiscounters.com has given you
specific written permission to do so,
you may not assign (or grant a
sub-license of) your rights to use the
Services, grant a security interest in
or over your rights to use the
Services, or otherwise transfer any
part of your rights to use the
Services.
K. Your
Content license to BridalDiscounters.com
You retain copyright
and any other rights you already hold
in Content which you submit, post or
display on or through, the Services.
By submitting, posting or displaying
the content you give
BridalDiscounters.com a perpetual,
irrevocable, worldwide, royalty-free,
and non-exclusive license to
reproduce, adapt, modify, translate,
publish, publicly perform, publicly
display and distribute any Content
which you submit, post or display on
or through, the Services. This license
is for the sole purpose of enabling
BridalDiscounters.com to display,
distribute and promote the Services
and may be revoked for certain
Services as defined in the Additional
Terms of those Services.
You agree
that this license includes a right for
BridalDiscounters.com to make such
Content available to other companies,
organizations or individuals with whom
BridalDiscounters.com has
relationships for the provision of
syndicated services, and to use such
Content in connection with the
provision of those services.
You
understand that BridalDiscounters.com,
in performing the required technical
steps to provide the Services to our
users, may (a) transmit or distribute
your Content over various public
networks and in various media; and (b)
make such changes to your Content as
are necessary to conform and adapt
that Content to the technical
requirements of connecting networks,
devices, services or media. You agree
that this license shall permit
BridalDiscounters.com to take these
actions.
You
confirm and warrant to
BridalDiscounters.com that you have
all the rights, power and authority
necessary to grant the above license.
L.
Ending your relationship with
BridalDiscounters.com
The Terms will continue
to apply until terminated by either
you or BridalDiscounters.com as set
out below.
If you
want to terminate your legal agreement
with BridalDiscounters.com, you may do
so by (a) notifying
BridalDiscounters.com at any time and
(b) closing your accounts for all of
the Services which you use, where
BridalDiscounters.com has made this
option available to you. Your notice
should be sent, in writing, to
BridalDiscounters.com’s address which
is set out at the beginning of these
Terms.
BridalDiscounters.com
may at any time, terminate its legal
agreement with you if:
(1) you have breached
any provision of the Terms (or have
acted in manner which clearly shows
that you do not intend to, or are
unable to comply with the provisions
of the Terms); or
(2)
BridalDiscounters.com is required to
do so by law (for example, where the
provision of the Services to you is,
or becomes, unlawful); or
(3) the
partner with whom
BridalDiscounters.com offered the
Services to you has terminated its
relationship with
BridalDiscounters.com or ceased to
offer the Services to you; or
(4)
BridalDiscounters.com is
transitioning to no longer providing
the Services to users in the country
in which you are resident or from
which you use the service; or
(5) the
provision of the Services to you by
BridalDiscounters.com is, in
BridalDiscounters.com’s opinion, no
longer commercially viable.
Nothing in this Section
shall affect BridalDiscounters.com’s
rights regarding provision of Services
under Section D of the Terms.
When
these Terms come to an end, all of the
legal rights, obligations and
liabilities that you and
BridalDiscounters.com have benefited
from, been subject to (or which have
accrued over time whilst the Terms
have been in force) or which are
expressed to continue indefinitely,
shall be unaffected by this cessation,
and the provisions of paragraph S-7
shall continue to apply to such
rights, obligations and liabilities
indefinitely.
M.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS
SHALL EXCLUDE OR LIMIT
BRIDALDISCOUNTERS WARRANTY OR
LIABILITY FOR LOSSES WHICH MAY NOT BE
LAWFULLY EXCLUDED OR LIMITED BY
APPLICABLE LAW. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS OR THE
LIMITATION OR EXCLUSION OF LIABILITY
FOR LOSS OR DAMAGE CAUSED BY
NEGLIGENCE, BREACH OF CONTRACT OR
BREACH OF IMPLIED TERMS, OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
ONLY THE LIMITATIONS WHICH ARE LAWFUL
IN YOUR JURISDICTION WILL APPLY TO YOU
AND OUR LIABILITY WILL BE LIMITED TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT
YOUR USE OF THE SERVICES IS AT YOUR
SOLE RISK AND THAT THE SERVICES ARE
PROVIDED "AS IS" AND “AS AVAILABLE.”
IN
PARTICULAR, BRIDALDISCOUNTERS, ITS
AFFILIATES, AND ITS LICENSORS DO NOT
REPRESENT OR WARRANT TO YOU THAT:
(1) YOUR USE OF THE
SERVICES WILL MEET YOUR
REQUIREMENTS,
(2)
YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR
FREE FROM ERROR,
(3) ANY
INFORMATION OBTAINED BY YOU AS A
RESULT OF YOUR USE OF THE SERVICES
WILL BE ACCURATE OR RELIABLE, AND
(4)
THAT DEFECTS IN THE OPERATION OR
FUNCTIONALITY OF ANY SOFTWARE
PROVIDED TO YOU AS PART OF THE
SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR OTHER
DEVICE OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
NO ADVICE
OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM
BRIDALDSICOUNTERS OR THROUGH OR FROM
THE SERVICES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS.
BRIDALDISCOUNTERS.COM FURTHER
EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
N.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL
PROVISION IN PARAGRAPH M ABOVE, YOU
EXPRESSLY UNDERSTAND AND AGREE THAT
BRIDALDISCOUNTERS.COM, ITS
SUBSIDIARIES AND AFFILIATES, AND ITS
LICENSORS SHALL NOT BE LIABLE TO YOU
FOR:
(A) ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES
WHICH MAY BE INCURRED BY YOU,
HOWEVER CAUSED AND UNDER ANY THEORY
OF LIABILITY.. THIS SHALL INCLUDE,
BUT NOT BE LIMITED TO, ANY LOSS OF
PROFIT (WHETHER INCURRED DIRECTLY OR
INDIRECTLY), ANY LOSS OF GOODWILL OR
BUSINESS REPUTATION, ANY LOSS OF
DATA SUFFERED, COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR
OTHER INTANGIBLE LOSS;
(B) ANY
LOSS OR DAMAGE WHICH MAY BE INCURRED
BY YOU, INCLUDING BUT NOT LIMITED TO
LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE
PLACED BY YOU ON THE COMPLETENESS,
ACCURACY OR EXISTENCE OF ANY
ADVERTISING, OR AS A RESULT OF ANY
RELATIONSHIP OR TRANSACTION
BETWEEN YOU AND ANY ADVERTISER OR
SPONSOR WHOSE ADVERTISING APPEARS
ON THE SERVICES;
(II)
ANY CHANGES WHICH
BRIDALDISCOUNTERS.COM MAY MAKE TO
THE SERVICES, OR FOR ANY PERMANENT
OR TEMPORARY CESSATION IN THE
PROVISION OF THE SERVICES (OR ANY
FEATURES WITHIN THE SERVICES);
(III)
THE DELETION OF, CORRUPTION OF, OR
FAILURE TO STORE, ANY CONTENT AND
OTHER COMMUNICATIONS DATA
MAINTAINED OR TRANSMITTED BY OR
THROUGH YOUR USE OF THE SERVICES;
(III)
YOUR FAILURE TO PROVIDE
BRIDALDISCOUNTERS.COM WITH
ACCURATE ACCOUNT INFORMATION;
(IV)
YOUR FAILURE TO KEEP YOUR PASSWORD
OR ACCOUNT DETAILS SECURE AND
CONFIDENTIAL;
THE LIMITATIONS ON
BBRIDALDISCOUNTERS.COM’S LIABILITY TO
YOU IN PARAGRAPH N-1 ABOVE SHALL APPLY
WHETHER OR NOT BRIDALDISCOUNTERS.COM
HAS BEEN ADVISED OF OR SHOULD HAVE
BEEN AWARE OF THE POSSIBILITY OF ANY
SUCH LOSSES ARISING.
O.
Copyright and trade mark policies
It is
BridalDiscounters.com’s policy to
respond to notices of alleged
copyright infringement that comply
with applicable international
intellectual property law (including,
in the United States, the Digital
Millennium Copyright Act) and to
terminating the accounts of repeat
infringers.
P.
Advertisements
Some of the Services
are supported by advertising revenue
and may display advertisements and
promotions. These advertisements may
be targeted to the content of
information stored on the Services,
queries made through the Services or
other information.
The
manner, mode and extent of advertising
by BridalDiscounters.com on the
Services are subject to change without
specific notice to you.
In
consideration for
BridalDiscounters.com granting you
access to and use of the Services, you
agree that BridalDiscounters.com may
place such advertising on the
Services.
Q. Other
content
The Services may
include hyperlinks to other web sites
or content or resources.
BridalDiscounters.com may have no
control over any web sites or
resources which are provided by
companies or persons other than
BridalDiscounters.com.
You
acknowledge and agree that
BridalDiscounters.com is not
responsible for the availability of
any such external sites or resources,
and does not endorse any advertising,
products or other materials on or
available from such web sites or
resources.
You
acknowledge and agree that
BridalDiscounters.com is not liable
for any loss or damage which may be
incurred by you as a result of the
availability of those external sites
or resources, or as a result of any
reliance placed by you on the
completeness, accuracy or existence of
any advertising, products or other
materials on, or available from, such
web sites or resources.
R.
Changes to the Terms
BridalDiscounters.com
may make changes to the Universal
Terms or Additional Terms from time to
time. When these changes are made,
BridalDiscounters.com will make a new
copy of the Universal Terms available.
You
understand and agree that if you use
the Services after the date on which
the Universal Terms or Additional
Terms have changed,
BridalDiscounters.com will treat your
use as acceptance of the updated
Universal Terms or Additional Terms.
S.
General legal terms
Sometimes when you use
the Services, you may (as a result of,
or through your use of the Services)
use a service or download a piece of
software, or purchase goods, which are
provided by another person or company.
Your use of these other services,
software or goods may be subject to
separate terms between you and the
company or person concerned. If so,
the Terms do not affect your legal
relationship with these other
companies or individuals.
The Terms
constitute the whole legal agreement
between you and BridalDiscounters.com
and govern your use of the Services
(but excluding any services which
BridalDiscounters.com may provide to
you under a separate written
agreement), and completely replace any
prior agreements between you and
BridalDiscounters.com in relation to
the Services.
You agree
that BridalDiscounters.com may provide
you with notices, including those
regarding changes to the Terms, by
email, regular mail, or postings on
the Services.
You agree
that if BridalDiscounters.com does not
exercise or enforce any legal right or
remedy which is contained in the Terms
(or which BridalDiscounters.com has
the benefit of under any applicable
law), this will not be taken to be a
formal waiver of
BridalDiscounters.com’s rights and
that those rights or remedies will
still be available to
BridalDiscounters.com.
If any
court of law, having the jurisdiction
to decide on this matter, rules that
any provision of these Terms is
invalid, then that provision will be
removed from the Terms without
affecting the rest of the Terms. The
remaining provisions of the Terms will
continue to be valid and enforceable.
You
acknowledge and agree that each member
of the group of companies of which
Bright Marketing, Inc and
BridalDiscounters.com is the parent
shall be third party beneficiaries to
the Terms and that such other
companies shall be entitled to
directly enforce, and rely upon, any
provision of the Terms which confers a
benefit on (or rights in favor of)
them. Other than this, no other person
or company shall be third party
beneficiaries to the Terms.
The
Terms, and your relationship with
BridalDiscounters.com under the Terms,
shall be governed by the laws of the
State of Minnesota without regard to
its conflict of laws provisions. You
and BridalDiscounters.com agree to
submit to the exclusive jurisdiction
of the courts located within the
county of Dakota, Minnesota to resolve
any legal matter arising from the
Terms. Notwithstanding this, you agree
that BridalDiscounters.com shall still
be allowed to apply for injunctive
remedies (or an equivalent type of
urgent legal relief) in any
jurisdiction.
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