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 sites (the “Sites”), you hereby accept and agree to comply with the following Terms governing your access and use of the Sites, which includes any information, data, tools, products, services, and other content (together, “Content”) available on or through the Sites.
1. Limited Right to Use the Sites
Adorable Wedding Designs (“AWD”) grants you a limited right to use the Sites. At any time and for any reason, AWD may revoke your right to use all or any portion of the Sites. You may not, nor may you allow others to, violate or attempt to violate the security of the Sites. You may not, nor may you allow others to, delete any Content on the Sites. 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.
The Sites are the property of, and is maintained by, AWD. The Sites 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 Sites 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 Sites. 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 Sites 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 Sites.
AWD provides the Sites to the public for general retail purposes only. Although we try to keep our web sites current and accurate, the Content speaks only as of the date indicated and are subject to change at any time without notice.
AWD provides the web sites 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 Sites 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 sites and the Content, including without limitation warranties of merchantability, fitness for any particular purpose, NON-INTERFERENCE, ACCURACY OF DATA, and non-infringement of intellectual property
AWD does not intend any third-party information on the Sites to be referrals to, or endorsements of, the named persons, entities, or information that they make available. In addition, Content and opinions expressed by third parties, not associated with AWD, in any corresponding links to other web sites or other communications are the personal Content and opinions of the original authors, not of AWD. Also, AWD is not sponsored by (or associated with) any particular linked person or entity on our web sites unless so stated in truth by that linked person or entity.
If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, or that the Sites contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify AWD by providing 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 Complaints@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.
AWD cannot promise that your access to the Sites will be available at all times, uninterrupted, or that material accessible from the Sites 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 Sites for the reconstruction of any lost data. AWD is not liable for any technological problem with the Sites, any damage or injury caused by the performance or failure of performance of all or any portion of the Sites, or any defect, delay, or error in or resulting from your use of the Sites.
AWD has the right, but not the obligation, i) to monitor the Sites to determine compliance with these Terms or other policies governing the Sites; ii) to investigate any complaint or reported violation of these Terms or other policies governing the Sites; 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 Sites, deny access to all or any portion of the Sites or take any other action that AWD deems appropriate.
Except as otherwise expressly provided herein or in the Privacy Policy posted on our main web site, any communication or material you transmit to AWD by electronic mail or otherwise, including any photos, videos, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by AWD, its vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Moreover, AWD, AWD's suppliers, and our affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsover, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication. 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.
Due to the personalized nature of our adorable card holder and wedding web site design products, all sales are final and there are no refunds or exchanges for these products. Some stationery products may qualify for a refund or a return according to the manufacturer’s policies.
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, once an order is placed through our Sites or through other processes such as by telephone, postal mail, facsimile, or email, it cannot be cancelled. Some stationery products may qualify for cancellation according to the manufacturer's policies.
We recommend that you order all card holders at least 2 months before your event date and all wedding website design products 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, 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 are valid for 30 days from the date stated on the invoice. For telephone orders only, a $50.00 service charge will be added to the total amount of any AWD item purchased by the customer.
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 and can only ship to physical addresses. AWD disclaims any and all liability caused by shipping delays.
You hereby warrant and confirm that you own the copyright or have permission to copy any documents, pictures, or Content you submit to AWD for inclusion in any product or service offered on the Sites and agree to defend, indemnify, and hold AWD and its respective officers, directors, agents and employees, harmless from any suit, demand, or claim arising out of any breach of this warranty; agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim; and to pay any attorney’s fees incurred by AWD in defending against such suit, demand or claim.
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.
IF YOU ARE DISSATISFIED WITH THE CONTENT, SITES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE CONTENT AND THE SITES.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 SITES, OUR PRODUCTS AND SERVICES, OR CONTENT CONTAINED ON THE SITES. 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 Sites; 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.
The Sites 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, product availability, or conditions that govern all or any portion of the Sites. 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 Sites. Modifications will be effective immediately upon posting on the Sites unless AWD indicates otherwise. Your use of the Sites indicates your full acceptance of these Terms in their then-current form each time you use the Sites. Therefore, you should read these Terms from time to time for changes.
These Terms constitute the entire agreement between the parties relating to the Sites and supersedes any and all other agreements, oral or in writing, with respect to the Sites. 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 York State. 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 Richmond in the State of New York. All rights not expressly granted herein are reserved.
