AGREEMENT BETWEEN USER AND LET’S GET HITCHED (“Let’s Get Hitched”)
IMPORTANT NOTICE: It is the express will of the parties that this Agreement between the User and Let’s Get Hitched and all related documents be in English.
The Let’s Get Hitched Web Site is consists of several Web sites and Web pages operated by Let’s Get Hitched or its affiliates (collectively, the “Let’s Get Hitched Web Sites”).
Your access to and use of the Let’s Get Hitched Web Sites is subject to your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Let’s Get Hitched Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Let’s Get Hitched Web Site or Web Page included within the Let’s Get Hitched Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the “Additional Terms”).
Additionally, the Let’s Get Hitched Web Sites may themselves contain additional terms, rules or guidelines that govern their use.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Let’s Get Hitched Web Site, then these terms shall control.
If you do not agree with any of the terms governing your access to and use of a Let’s Get Hitched Web Site, then you must exit the site immediately.
A. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Let’s Get Hitched reserves the right to change the terms, conditions, and notices under which the access to and use of the Let’s Get Hitched Sites are offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Let’s Get Hitched Sites constitutes your agreement to all such terms, conditions, and notices.
In addition to the above, the availability of products described on this site, and the product descriptions, may vary from country to country and from time to time.
C. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Let’s Get Hitched Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Let’s Get Hitched Sites.
D. LINKS TO THIRD PARTY SITES
Any dealings with third parties included within the Let’s Get Hitched Sites are solely between you and the third party. Let’s Get Hitched shall not be responsible or liable for any part of any such dealings.
E. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Let’s Get Hitched Sites, you will not use the Let’s Get Hitched Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Let’s Get Hitched Sites in any manner that could damage, disable, overburden, or impair any Let’s Get Hitched Site (or the network(s) connected to any Let’s Get Hitched Site) or interfere with any other party’s use and enjoyment of any Let’s Get Hitched Site. You may not attempt to gain unauthorized access to any Let’s Get Hitched Site, other accounts, computer systems or networks connected to any Let’s Get Hitched Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Let’s Get Hitched Sites.
F. USE OF SERVICES
The Let’s Get Hitched Sites may contain e-mail services and/or other message or communication facilities designed to enable you to communicate with Let’s Get Hitched (“Communication Services”). You agree to use the Communication Services only to send messages and material that are proper. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
· Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
· make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
· Use any material or information, including images or photographs, which is made available through the Let’s Get Hitched Sites in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
· E-mail files that contain viruses (whether considered to be trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another).
· Violate any guidelines or other rules which may be applicable for any particular Communication Service.
· Violate any applicable laws or regulations.
· Create a false identity for the purpose of misleading others.
Let’s Get Hitched reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Let’s Get Hitched reserves the right at all times to disclose any information as Let’s Get Hitched deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Except as otherwise stated, Let’s Get Hitched does not control or endorse the content, messages or information found in any Communication Service and, therefore, Let’s Get Hitched specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
G. MATERIALS PROVIDED TO LET’S GET HITCHED
Let’s Get Hitched does not claim ownership of the materials you provide to Let’s Get Hitched (including feedback and suggestions) or submit to any Let’s Get Hitched Site. However, by providing information or materials you are granting Let’s Get Hitched, its affiliated companies and necessary sublicensees permission to use your information or materials in connection with Let’s Get Hitched’ business, including, without limitation, the royalty free and unlimited license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your information or materials; to publish your name in connection with your information or materials; and the right to sublicense such rights to any third party.
No compensation will be paid with respect to the use of your information or materials, as provided herein. Let’s Get Hitched is under no obligation to use any information or materials you may provide.
Agreement, if any, which accompanies or is included with the Software (“Software License Agreement”). You may not install or use any Software that is accompanied by or includes a Software License Agreement unless you first agree to the terms of the Software License Agreement.
I. LIMITATION OF LIABILITY AND DISCLAIMER
All references to Let’s Get Hitched shall be understood to include the affiliates and subsidiaries of Let’s Get Hitched Holdings S.à.r.l.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LET’S GET HITCHED SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE LET’S GET HITCHED SITES AND TO THE INFORMATION THEREIN. LET’S GET HITCHED AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LET’S GET HITCHED SITES AT ANY TIME.
LET’S GET HITCHED. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, VIDEOS AND RELATED GRAPHICS CONTAINED WITHIN THE LET’S GET HITCHED SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LET’S GET HITCHED. AND/OR ITS RESPECTIVE AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT LET’S GET HITCHED. SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A LET’S GET HITCHED SITE. YOU SPECIFICALLY AGREE THAT LET’S GET HITCHED. IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT LET’S GET HITCHED IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A LET’S GET HITCHED SITE BY ANY THIRD PARTY.
J. SERVICE CONTACT
K. TERMINATION/ACCESS RESTRICTION
Let’s Get Hitched reserves the right, in its sole discretion, to terminate your access to any or all Let’s Get Hitched Sites/Services and the related services or any portion thereof at any time, without notice.
L. NO SPAM; DAMAGES
Let’s Get Hitched will immediately terminate your access if it believes, in its sole discretion, you are transmitting or are otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Let’s Get Hitched liquidated damages of €3 for each piece of spam or unsolicited bulk email you transmit to Let’s Get Hitched, otherwise you agree to pay Let’s Get Hitched’ actual damages, to the extent such actual damages can be reasonably calculated.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
Use of the Let’s Get Hitched Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Let’s Get Hitched as a result of this agreement or use of the Let’s Get Hitched Sites. You agree to indemnify and hold Let’s Get Hitched, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or behavior on the Let’s Get Hitched Sites. Let’s Get Hitched reserves the right to disclose any personal information about you or your use of the Let’s Get Hitched Sites, including its contents, without your prior permission if Let’s Get Hitched has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Let’s Get Hitched or its affiliated companies; or (3) enforce the terms or use. Let’s Get Hitched’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Let’s Get Hitched’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Let’s Get Hitched Sites or information provided to or gathered by Let’s Get Hitched with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Let’s Get Hitched with respect to the Let’s Get Hitched Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Let’s Get Hitched with respect to the Let’s Get Hitched Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.