BridalLive Software, LLC, a Delaware limited liability company d/b/a BridalLive (“BridalLive”, “we” or “our”) owns and operates the Internet website, pages and services accessible at www.bridallive.com (this “Site”) exclusively for our registered customers (“Customers”, “you” or “your”).
BY CLICKING "I AGREE," AS AN INDIVIDUAL OR AS AN AUTHORIZED REPRESENTATIVE OF CUSTOMER, YOU AS CUSTOMER OR CUSTOMER WHICH YOU REPRESENT (“CUSTOMER”), AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS SERVICES AGREEMENT (“AGREEMENT”), INCLUDING, WITHOUT LIMITATION, ALL DOCUMENTS, POLICIES, AND PROCEDURES INCORPORATED HEREIN BY REFERENCE.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE AGREEING TO BECOME BOUND BY THESE TERMS AND CONDITIONS. THIS AGREEMENT WILL CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. YOU REPRESENT THAT BY CLICKING "I AGREE" YOU HAVE THE APPROPRIATE AUTHORITY TO BIND THE CUSTOMER TO THIS AGREEMENT. PLEASE DO NOT USE THE SITE IF YOU HAVE NOT REACHED THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU LIVE.
IF YOU ARE A USER LOCATED IN THE EUROPEAN ECONOMIC AREA OR UNITED KINGDOM, THE DATA PROCESSING ADDENDUM ACCOMPANIES THESE TERMS AND CONDITIONS OF USE AND SETS FORTH OTHER TERMS OF OUR AGREEMENT THAT APPLY TO THE EXTENT ANY INFORMATION YOU PROVIDE TO BRIDALLIVE INCLUDES PERSONAL DATA OF INDIVIDUALS LOCATED IN THE EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM.
Scope/Software as a Service: These Terms and Conditions govern your use of the Site and all services available on the Site. Subject this Agreement, completion by you of registration with us, and your receipt from us of a user name and password, we grant to you a non-exclusive, non-transferable, non-sub-licensable, revocable license to access and use the BridalLive cloud based software service accessible at www.bridallive.com.
The Site is not intended for the use of children under 18 and no such person is authorized to use it. By using the Site, you are representing that you are at least 18 years old. You also represent, by accessing or using the Site, that you are of legal age to enter into legal agreements
Registration: Access to portions of the Site is limited to registered customers to whom we have issued a user identification and password. If you have been issued a user identification and password, you represent to us that all information you provide to us in connection with your registration (the “Registration Data”) is accurate and up-to-date. You also agree to maintain and promptly update the Registration Data to keep it accurate and updated. If you have provided or provide any Registration Data that is untrue, inaccurate, not current or incomplete or otherwise fail to comply with any of this Agreement, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right, without prior notice to you, to suspend or terminate your account and refuse any and all current or future use of all or any portion of the Site.
Customer’s Responsibilities: You (i) must keep your passwords secure and confidential, (ii) are solely responsible for User Content (defined below) and all activity in your account, (iii) must use commercially reasonable efforts to prevent unauthorized access to your account, and notify us promptly of any unauthorized access, and (iv) may use the Site and the services provided by us only in accordance with this Agreement and applicable law. You must pay any fees charged by us for access and use of the Site and services we offer in order to maintain access to and use of the Site and such services. You are responsible for all sales, use, communications, excise, or similar tax or duty, and any other tax not based on BridalLive’s net income. Should you fail to pay the fees on a timely basis, we reserve the right to restrict your access to the Site and services until the fees are paid in full, to cancel your account or to exercise any other remedies we may have. Customer may not remove or modify any proprietary marking or restrictive legends in Site.
Copyright Ownership, License and Restrictions on Use: All right, title and interest to all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials on the Site (“BridalLive Content”) (including all copyrights, trademarks, patent rights and other intellectual property rights) on the Site and all information contained therein is and shall remain the sole property of BridalLive and its licensors, as applicable. The BridalLive Content is protected by copyright and other laws both in the U.S. and in other jurisdictions. You are authorized to view and use information retrieved from the Site solely for your personal or internal business purposes. Except with prior written authorization from BridalLive, no BridalLive Content may be copied, reproduced, downloaded, uploaded, displayed, sold, modified, posted, distributed, incorporated into another work, used to create a derivative work, or otherwise exploited in any way, except that limited reproduction is permitted for your personal or internal business use. In no event may you remove any copyright or other proprietary notices or legends appearing on this Site.
Trademarks: “BridalLive”, “BridalLive” and the BridalLive logo are the [registered] trademarks of BridalLive. The other trademarks, service marks and logos displayed in the Site are registered and unregistered trademarks of BridalLive and others. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this site without the written permission of BridalLive or such third party that owns the trademark.
BridalLive respects the intellectual property rights of third parties. In the event that you have a good faith
your copyrights have been violated by the use or display of certain content within the Site, it is our policy to
investigate and promptly undertake efforts to resolve the issue. To notify us regarding an alleged copyright
violation, you must provide us with all of the following information: (i) a physical or electronic signature of a
authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification
copyrighted work(s) claimed to have been infringed, and information reasonably sufficient to permit us to locate
material; (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone
and if available, an electronic mail address at which you may be contacted; (iv) 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
or the law; and (v) a statement that the information in the notification is accurate, and under penalty of
you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this
to be effective, you must provide it to BridalLive’s designated agent at:
C/O Fullsteam Operations
Attn: Ed Graf
197 East University Drive
Auburn, AL 36832
Links: This Site contains hypertext links to web sites of other third parties. We do not control these web sites and are not responsible for their content. The existence of such links does not indicate any approval, endorsement or authentication of any material appearing on such linked sites. The existence of such links does not indicate any association between BridalLive and the owners or operators except as specifically set forth on this Site or in other BridalLive materials. You assume sole responsibility for use of third party links. You may establish a hypertext link to this BridalLive site, provided (a) you only link to the home page located at www.BridalLive.com, (b) the link does not state or imply any endorsement or sponsorship of you, your company, or your site by BridalLive, (c) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this site, (d) you provide BridalLive notice of such link by sending an email to firstname.lastname@example.org, and (e) you promptly discontinue providing links to this Site upon notification by BridalLive.
Compliance/Indemnity: You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including any User Content posted to the Site under your account. By way of example, and not as a limitation, you agree not to take the following actions, or allow another person to use your account, to take the following actions:
You agree to indemnify and hold BridalLive, its owners, affiliates, directors, officers, agents, subcontractors, service providers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) User Content submitted, posted to or transmitted through the Site by you or your authorized user, (ii) any breach of this Agreement by you or your authorized user, or (iii) any violation of any rights of a third party caused by you or your authorized user. For purposes hereof, “your authorized user” means you or any person or entity using your account (x) with your permission, (y) as a result of your failure to adequately protect your account password, or (z) as a result of your failure to immediately notify BridalLive of any unauthorized use of your password or account or any other breach of security.
You are solely responsible for and agree to pay, indemnify, and hold BridalLive harmless from any and all sales, use, communications, excise, or similar tax or duty, and any other tax not based on BridalLive’s net income, including penalties and interest and any associated professional fees, and all other imposts levied upon or chargeable with respect to the use, license, sale, or delivery of the services or other deliverables in respect of this Agreement, and any costs associated with the collection or withholding of any of the foregoing items.
Disclaimers: You acknowledge that BridalLive does not own, operate or manage the Internet; communications on the Internet may not be secure and may be subject to interception or loss; and certain content available on the Internet is copyrighted and may have been distributed in violation of copyright laws. You further acknowledge that BridalLive has no obligation to review the User Content posted on the Site by you or other registered users. Under no circumstances will BridalLive be liable in any way for your use of the Site or for any content (whether originating with BridalLive or with any other registered account user), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, uploaded, downloaded from, emailed or otherwise transmitted via the Site. Accordingly, you agree that you must evaluate, and bear all risks associated with, your use of the Site or of all content, including any reliance on the accuracy, completeness, or usefulness of such content (whether originating with BridalLive or otherwise). BridalLive does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with by numerous factors outside of our control. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
THE SITE AND ANY CONTENT OBTAINED THEREFROM ARE PROVIDED ON AN “AS IS” BASIS AND BRIDALLIVE EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL BRIDALLIVE OR ANY OF ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRIDALLIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS SITE, OR (ii) ANY DISCLOSURE OF INFORMATION PROVIDED TO BRIDALLIVE (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF BRIDALLIVE), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BRIDALLIVE. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THIS AGREEMENT ARE EXCLUSIVE AND YOU ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL BRIDALLIVE’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO BRIDALLIVE IN THE THREE (3) MONTH PERIOD PRIOR TO THE DATE OF THE INCIDENT GIVING RISE TO THE LIABILITY.
Please note that some jurisdictions may not allow the above exclusion of implied warranties, so some of the above exclusions may not apply to you.
Modifications: The Internet and this Site are constantly evolving. We reserve the right to change or modify this Agreement or to impose new conditions with respect to your use of this Site at any time and from time to time. We also have the right at any time to change, substitute, modify, add or discontinue any aspect of or feature of the Site, including but not limited to content, functionality, and means of access or use. Such changes, substitutions, modifications, additions or discontinuances shall be effective immediately upon notice to you, which may be given by posting on this Agreement or elsewhere on the Site, electronic mail, or any means by which you obtain actual knowledge.
Notice for California Users: Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Miscellaneous: You agree that if any provision of these TOU is found void or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, this will not affect the validity of the balance of these TOU, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to applicable principles of conflicts of law to the extent that the application of the laws of another jurisdiction would be required thereby. In case of any dispute related to this Agreement, the parties agree to submit to personal jurisdiction in the State of Delaware. Furthermore, the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of any court of the State of Delaware or any federal court sitting in the State of Delaware for purposes of any suit, action or other proceeding arising out of this Agreement. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS, OBLIGATIONS AND/OR PERFORMANCE OF THIS AGREEMENT. Use of this Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of this Agreement, including without limitation this paragraph. You may preserve this Agreement in written form by printing for your records, and you waive any other requirement that this Agreement be evidenced by a written document.
Questions and Contact Information:
By email: email@example.com
Address: BridalLive, 3423 Piedmont Road, NE; Atlanta, Georgia 30305
Copyright © BridalLive Software, LLC 2020
Certificate #: IC-20599-RA-BRIDALLIVE SOFTWARE, LLC- 2020-ED1 Version: 3.8