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Our Policies
These Policies and General Terms and Conditions of Use ("Terms") are entered into by and between you and Adorable Wedding Designs, LLC, a New York Limited Liability Company (“AWD”, “we” or “us”). By accessing or using our Web Site (the “Web Site” or “Site”), you hereby accept and agree to comply with the following Terms governing your access and use of the Web Site, which includes any information, data, tools, products and services, services, and other content (together, “Content”) available on or through the Web Site.
1. Limited Right to Use the Web Site
Adorable Wedding Designs (“AWD”) grants you a limited right to use the Web Site. At any time and for any reason, AWD may revoke your right to use all or any portion of the Web Site. You may not, nor may you allow others to, violate or attempt to violate the security of the Web Site. You may not, nor may you allow others to, delete any Content on the Web Site. You may not, nor may you allow others to, collect or attempt to collect any information about other persons, or other information. You represent and warrant that you have not and will not enter into any agreement or perform any act that may contravene the purposes and/or effects of the Terms.
2. Ownership of the Web Site and Content
The Web Site is the property of, and is maintained by, AWD. The Web Site and the Content are protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by AWD, its affiliates and/or third parties. Nothing on the Web Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any image, trademark, logo, service mark, or other intellectual property on the Web Site. You may not modify, copy, distribute, transmit, display, reproduce, repackage, publish, license, create derivative works from, transfer, commercially exploit or sell all or any portion of the Web Site without the written permission of the author and AWD. You also may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Web Site.
AWD provides the Web Site to the public for general retail purposes only. Although we try to keep our Web Site current and accurate, the Content speaks only as of the date indicated and are subject to change at any time without notice.
4. Disclaimer of Warranty
AWD provides the web Site and/or links to other web SiteS, e-mail addresses, and other Content "As Is" without warranty of any kind to the fullest extent permissible pursuant to applicable law. In other words, we do not make any express or implied warranty, representation, or undertaking of any kind (nor does AWD assume any direct or indirect legal liability or responsibility whatsoever) that the information on the Web Site is applicable to your circumstances, correct, complete, or up-to-date. AWD disclaims all representations and warranties, express or implied, oF any kind with respect to the web Site and the Content, including without limitation warranties of merchantability, fitness for any particular purpose, NON-INTERFERENCE, ACCURACY OF DATA, and non-infringement of intellectual propertyor proprietary rights.
5. Third-Party Information and Web Site
AWD is a distributor and not a publisher of the Content supplied by third parties on the Web Site. AWD does not have editorial control over such Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including Providers, Merchants, Sponsors, Licensors, or any user of the Web Site, are those of the respective authors or distributors and not of the Company or its Affiliates or any of its officers, directors, employees, or agents. NEITHER AWD NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY THIRD PARTY, INCLUDING ANY PROVIDER, MERCHANT, SPONSOR, LICENSOR, OR ANY OTHER USER OF THE WEB SITE GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
6. Digital Millenium Copyright Act (DMCA) Policies
How To Report a Claim of Infringement
If you believe that any of your exclusive rights under United States copyright law have been violated in a manner that constitutes infringement, and that the allegedly infringing material is accessible on the Site or through AWD as an online service provider, you must notify our designated agent and provide the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) by email to Copyright@AdorableWeddingDesigns.com as set forth below:
A. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AWD, or its third party service providers, to locate the material;
D. Information reasonably sufficient to permit AWD, or its third party service providers, to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When filing an infringement claim, please include any URLs identifying the allegedly infringing material along with any other information that might assist our agent’s investigation of your claim.
Upon receipt of a valid claim (i.e., a claim in which all required information is substantially provided) AWD will undertake to have the disputed material removed from public view. We will also notify the user who posted the allegedly infringing material that we have removed or disabled access to that material. AWD has no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false.
Please note: If you materially misrepresent that material infringes your copyright interests, you may be liable for damages (including court costs and attorneys fees) and could be subject to criminal prosecution.
How To Make a Counter Notification
If you are an AWD user and you feel that material that you have placed online that has been removed following an infringement complaint is in fact NOT an infringement, you may notify our designated agent and provide the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) by email to Copyright@AdorableWeddingDesigns.com as set forth below:
A. A physical or electronic signature of the subscriber (that’s you);
B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
C. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
D. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Our designated agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, AWD is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration.
It is AWD’s policy to terminate users who are found to be repeat infringers.
7. Technological Problems
AWD cannot promise that your access to the Web Site will be available at all times, uninterrupted, or that material accessible from the Web Site are free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Although AWD takes reasonable security precautions when using the Internet or other means to transport data or other communications, AWD disclaims liability for any interception of data or communications. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. AWD is not liable for any technological problem with the Web Site, any damage or injury caused by the performance or failure of performance of all or any portion of the Web Site, or any defect, delay, or error in or resulting from your use of the Web Site.
AWD has the right, but not the obligation, i) to monitor the Web Site to determine compliance with these Terms or other policies governing the Web Site; ii) to investigate any complaint or reported violation of these Terms or other policies governing the Web Site; iii) to report any activity that may violate any law or regulation to regulators, law enforcement officials or other persons or entities that AWD deems appropriate; and iv) to issue warnings, suspend, or terminate use of the Web Site, deny access to all or any portion of the Web Site or take any other action that AWD deems appropriate.
9. Submissions Through the Web Site
Except as otherwise expressly provided herein or in the Privacy Policy posted on our Web Site, you grant AWD and its Affiliates the worldwide, perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from and exploit any communication or material you transmit to AWD by electronic mail or otherwise, including any photos, videos, questions, comments, suggestions, or the like (collectively, "User Submissions") in any manner, including on the Web Site or any other Web Site, in television programs, on radio, in books, magazines, articles, commentaries, and in any other medium now known or later developed without your consent.
You also warrant that you own or otherwise control all of the rights to any User Submissions you submit or post on or to the Web Site or otherwise transmit to AWD and that our public posting and other public or private use of such User Submissions will not infringe the rights of any third party. You acknowledge that you are not entitled now, or in the future, to any compensation for any User Submissions you may transmit and you waive the benefits of any provisions of law known as "droit moral" (moral rights) or any similar laws.
No User Submissions, regardless of how they may be marked, will be received by AWD in confidence, nor shall they be subject to any express or implied obligation of confidentially. Neither AWD, or its Affiliates, nor their respective officers, directors, agents or employees shall be liable for any use or disclosure of any User Submissions.
You and your successors and assigns hereby waive any and all rights and remedies you may have against AWD, or its Affiliates, or any of their respective officers, directors, employees, or agents now or in the future, and hereby release AWD, its Affiliates, and any of their respective officers, directors, agents and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind, (collectively "Claims") relating to providing, posting, transmitting or making available through the Web Site User Submissions to AWD, or AWD receiving, evaluating, and utilizing User Submissions. You further agree to indemnify, defend and hold harmless AWD, its Affiliates, and any of their respective officers, directors, agents and employees from and against any and all Claims, including, without limitation, Claims that any User Submissions misappropriate or infringe upon the rights of any third party, and reasonable attorneys' fees and expenses, which result or arise from, or are based on, the receipt, evaluation or use of User Submissions by AWD, its Affiliates or its third party licensees.
Furthermore, you may not transmit to AWD any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable Content of any kind, including but not limited to any Content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
Nonpublic personal information acquired by AWD will be governed by its Privacy Policy, a copy of which is available here.
11. Refund and Exchange Policy
Due to the personalized nature of our products and services, all sales are final and there are no refunds or exchanges for any product or service sold through the Web Site.
12. Order Cancellation Policy
Once an order is placed, it immediately enters our order fulfillment process. An order is considered placed when the customer has paid the total price for all items in the order. Therefore, due to the personalized nature of our products and services, once an order is placed through our Web Site or through other processes such as by telephone, postal mail, facsimile, in-person, or by email, it cannot be cancelled.
We recommend that you order all card holders at least 2 months before your event date and all wedding web site design services at least 6 months before your event date. Otherwise, an additional charge equal to 30% of the total order price may be applied to orders placed after these recommend time periods. AWD reserves the right to refuse service and/or cancel an order for any of its products and services, in its discretion, if AWD believes that customer conduct violates applicable law or is harmful to the interests of AWD. All estimates for adorable card holders and event planning are valid for 30 days from the date stated on the invoice.
We are pleased to offer shipping throughout the United States, U.S. Territories, and throughout the world. The risk of loss and title for all merchandise ordered passes to you when the merchandise is delivered to the shipping carrier. In the case of shipping outside of the United States, the customer is responsible for all duties, brokerage fees, and taxes upon arrival at the country of destination. Unfortunately, we cannot ship to P.O. Boxes or AFO/APO addresses and can only ship to physical addresses. AWD disclaims any and all liability caused by shipping delays.
At this time, AWD charges sales tax for merchandise ordered on the Web Site for delivery throughout the State of New York.
At this time, AWD accepts Visa, Mastercard, American Express, Discover Card, electronic bank transfers, and PayPal balances through Paypal. No order will enter our order fulfillment process until payment in full has cleared our operating account.
17. Limitation of Liability
IF YOU ARE DISSATISFIED WITH THE CONTENT, WEB SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE CONTENT AND THE WEB SITE.IN NO EVENT WILL AWD OR ANY OF ITS AFFILIATES, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED, ARISING OUT OF THESE TERMS, THE WEB SITE, OUR PRODUCTS AND SERVICES AND SERVICES, OR CONTENT CONTAINED ON THE WEB SITE. THIS LIMITATION OF LIABILITY APPLY TO ALL DAMAGES OR INJURY, INCLUDING WITHOUT LIMITATION, THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE. THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You shall indemnify, defend, and hold harmless AWD from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising from, relating to, or resulting from i) your use of the Web Site; ii) your breach of these Terms or any representation, warranty, or covenant made by you in these Terms; iii) your violation of any applicable law, statute, ordinance, or regulation or of any rights of a third party; or iv) claims asserted by third parties which, if proven, would place you in breach of any representation, warranty, covenant, or other provision contained in these Terms.
19. Modification of these Terms
The Web Site are offered to you conditioned on your acceptance without modification of these Terms in their entirety, as well as any other rules, procedures, policies, terms, prices, products and services, product availability, or conditions that govern all or any portion of the Web Site. AWD reserves the right to change these Terms at any time without notice and you will be legally bound by each revised version of these Terms that AWD posts on the Web Site. Modifications will be effective immediately upon posting on the Web Site unless AWD indicates otherwise. Your use of the Web Site indicates your full acceptance of these Terms in their then-current form each time you use the Web Site. Therefore, you should read these Terms from time to time for changes.
These Terms constitute the entire agreement between the parties relating to the Web Site and supersedes any and all other agreements, oral or in writing, with respect to the Web Site. The failure of AWD to insist upon strict compliance with any term or provision of these Terms shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. If any provision in these Terms is invalid or unenforceable under applicable law, then that provision shall be enforced to the maximum extent possible and the remaining provisions shall continue in full force and effect. These Terms, your rights and obligations, and all actions contemplated by these Terms shall be governed by the laws of the State of New York, without regard to its conflict of law rules, as if these Terms were a contract wholly entered into and wholly performed within New YorkState. For any suit, action, or other proceeding arising from or relating to this Agreement, you hereby irrevocably agree to personal jurisdiction and exclusive venue of the federal and state courts located in the County of New York in the State of New York. All rights not expressly granted herein are reserved.
Last Updated: April 7, 2010
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