[NTD: As currently drafted, people under 18 can use the Services if they have parental consent. We could instead make the Services only available to those 18 and over? Please let us know how you would like to handle this. OK with 18 and above if with parental consent - is it because 18 and below cannot enter contracts?]
ABOUT THE SERVICES
THIRD PARTY SERVICES
The Services may display, include or make available content, data, information, applications or materials from Third Party Services ("Third Party Materials") or provide links to certain third party websites. By using the Services, you acknowledge and agree that Penny and Mary is not responsible for examining or evaluating the content, accuracy, availability, reliability, completeness, timeliness, validity, copyright compliance, legality, decency, quality, data, opinions or any other aspect of such Third Party Materials or websites. Penny and Mary does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Neither Penny and Mary, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by, or made available through, the Services.
Third Party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Website are not available in all languages or in all countries. Penny and Mary makes no representation that Third Party Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access Third Party Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Penny and Mary, and its affiliates and licensors, reserve the right to change, suspend, remove, or disable access to Third Party Services or Third Party Materials at any time without notice. In no event will Penny and Mary be liable for the removal of or disabling of access to any Third Party Services or Third Party Materials. Penny and Mary may also impose limits on the use of or access to Third Party Services or Third Party Materials, in any case and without notice or liability.
You do not need to create a Penny and Mary account (a "User Account") to visit the public pages of the Website and/or view recently posted questions/answers or the directory of Experts. However, in order to actually post a question on the Website, you must have a User Account or sign up through a Third Party Service.
You may create a User Account by completing the registration process set forth on the Website. You are responsible for providing and maintaining current your username, email address, password and other account information. Email correspondence and social media communications with Penny and Mary may be recorded or monitored.
You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and username provided by you or Penny and Mary for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account. Penny and Mary has no control over the use of your or any user’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will cease all use and contact Penny and Mary immediately by emailing [email@example.com].
LICENSED TO YOU
You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Penny and Mary. Except as specifically permitted herein or expressly authorized in writing by Penny and Mary, you agree that you will not directly or indirectly: (a) distribute, sell, transfer, rent, lease, sublicense or otherwise exploit the Services in any unauthorized manner; or (b) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means. You understand and agree that you are not permitted to: (x) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (y) use any means to discover the trade secrets in the Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of Penny and Mary and its affiliates and licensors. If you breach these restrictions, you may be subject to prosecution and damages.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that you see or read through the Services is owned by Penny and Mary or its affiliates or licensors, excluding user generated content and Your Content (as defined herein) that Penny and Mary has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Penny and Mary owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Material as a collective work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without Penny and Mary's express prior written consent and, if applicable, the holder of the rights to the user generated content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Penny and Mary and, if applicable, the holder of the rights to the user generated content. The service marks and trademarks of Penny and Mary are service marks owned by Penny and Mary. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
LICENSE TO PENNY AND MARY
You are solely responsible for your use of and activity in relation to the Website, Services and Forums. Your permission to use the Website, Services and Forums is conditioned upon the following use and conduct restrictions. You agree that you will not under any circumstances: (a) post or submit any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; (b) create a false identity or impersonate any person; (c) use the Website, Services or Forums for any unlawful purpose or for the promotion of illegal activities; (d) distribute or submit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (e) attempt to, or harass, abuse or harm another person or user; (f) provide false or inaccurate information to Penny and Mary; or (g) publish, submit or link to malicious content intended to damage or disrupt the browser, computer or systems of Penny and Mary or of any other person or entity.
ADVERTISERS & SPONSORS
Penny and Mary may include advertisements or sponsorships on the Services, which are necessary for Penny and Mary to provide the Services to you free of charge. Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Services, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. Additionally, all product reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party vendor in any transaction. You agree that Penny and Mary shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on the Services.
Advertisers and sponsors are solely responsible for ensuring that material submitted for use on the Website is accurate and complies with any and all applicable laws. You agree that Penny and Mary will not be responsible for the illegality or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers or sponsors.
TERM AND TERMINATION
DISCLAIMER OF WARRANTIES
ALL USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT AND INFORMATION PRESENTED ON THE WEBSITE OR VIA THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. PENNY AND MARY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. PENNY AND MARY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND PENNY AND MARY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN.
WITHOUT LIMITING THE FOREGOING, NEITHER PENNY AND MARY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. NEITHER PENNY AND MARY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NEITHER PENNY AND MARY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You hereby agree to indemnify, defend, and hold harmless Penny and Mary, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates, from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use of or inability to use the Services. Penny and Mary reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Penny and Mary.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL PENNY AND MARY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Dispute Resolution – Arbitration, No Class Actions.
If you intend to seek arbitration you must first send written notice to Penny and Mary’s Customer Service Center of your intent to arbitrate ("Notice"). The Notice to Penny and Mary should be sent by any of the following means: (i) electronic mail to [ answers@askweddingplanning .com]; or (ii) sending the Notice by U.S. Postal Service certified mail to Penny and Mary, 447 broadway, ny, ny, 10013]. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
Except as otherwise provided for herein, Penny and Mary will pay all AAA filing, administration and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse Penny and Mary for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, Penny and Mary shall reimburse you for your reasonable attorneys’ fees and expenses incurred for the arbitration.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration we EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court for injunctive relief, including to enjoin infringement or other misuse of intellectual property rights.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
Termination of Repeat Infringer Accounts. Penny and Mary respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Penny and Mary has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service or the Website who are repeat infringers. Penny and Mary may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to Penny and Mary’s designated copyright agent at Penny and Mary, Inc., [447 broadway, ny, ny, 10013]:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description 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;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notices. If you believe that Your Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Penny and Mary copyright agent, Penny and Mary may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Penny and Mary’s discretion) be reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.
Notices. Any notices or communication required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to Penny and Mary in your completed registration or as updated by you and on file with Penny and Mary. Any notices or communication required or permitted to be given to Penny and Mary shall be in writing and shall be sufficiently given if delivered via email or mailed as follows:
Penny and Mary, Inc. 447 broadway, ny, ny, 10013 Phone: [1-215-715-4739 Email Address: [firstname.lastname@example.org]
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.