Effective Date: June 1, 2013
IMPORTANT, PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE WEBSITE AND/OR THE SERVICE. BY ACCESSING THE WEBSITE AND/OR THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS BELOW, THEN YOU MAY NOT ACCESS THE WEBSITE OR THE SERVICE.
The Company reserves the right to change, add, or delete portions of the Agreement at any time and without further notice. Any such changes will become effective immediately upon the posting to the Website, and the continued use of the Website or Service by you after any changes have been made constitutes your acceptance of such changes. It is your responsibility to review this Agreement on a regular basis to determine if there have been any changes, which will be indicated by a revision to the effective date posted on the applicable webpage. You will be deemed to have accepted the Agreement as amended if you continue to use the Website or Service after any amendments are posted on the Website.
The terms and conditions contained in this Agreement are binding obligations of you. The Website is intended solely for users who are 13 years of age or older. By using the Website you represent to us that you are at least 13 years old. IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT PERMITTED TO CREATE A USER ACCOUNT, BECOME A REGISTERED USER OR TRANSMIT SUBMISSIONS THROUGH THE SERVICE OR ANY PORTION THEREOF. BY CREATING A USER ACCOUNT YOU REPRESENT TO US THAT YOU ARE AT LEAST 18 YEARS OLD. Certain portions of the Service and the features thereof are only available to Users who have an account registered with the Company (each a “Registered User”).
In addition, we strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet, including use of the Website.
3. Proprietary Rights in the Website
For the protection of the Company and its licensors, Content may use electronic measures to protect this Website and the Website Elements. You agree not to, nor attempt to, disable or interfere with any such measures. Any circumvention or interference with such measures may result in civil and criminal penalties.
4. User Account
By creating a User Account, you agree to:
You are solely responsible for (i) maintaining the confidentiality of any account information, user names, access permissions, passwords and other personal information in connection with your User Account, (ii) all activities occurring under your User Account and transmitted by your User Account, and (iii) any activities under your User Account, including processing removal requests from invitees of your guest list who wish to be removed from a guest list created by you and ensuring the accuracy of information transmitted by you through the Service. You agree to take all commercially reasonable efforts to prevent others from obtaining your User Account information. You shall notify the Company of any unauthorized access or use, or any suspected unauthorized access or use. If you become aware of any suspicious or unauthorized conduct concerning your User Account or materials accessed by your User Account, you agree to contact the Company immediately and provide the Company with sufficient details concerning such suspected or unauthorized use. The Company shall not be liable for any loss or damage arising from your failure to follow these obligations.
5. The Service
The Website, including any programs, tools, components, upgrades, updates and all related applications (i) provides Registered Users with a platform to create and deliver online invitations containing videos, photographs and other Content, including event details and related information to a guest/invite list generated by such Registered User, whether accessible via personal computer, mobile and wireless devices or otherwise (the “Service”). Users may view, RSVP, and add comments to the invitations sent to them by such Registered Users through the Service by clicking on the link contained in the email sent to them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this Agreement. To the extent you access the Service through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Your correspondence, dealings and other interactions with individuals through the Service, including promotion and/or attendance at any event and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction or attendance with any of these third parties or attending any event posted or transmitted through the Service. You acknowledge that Mitzvites has made no investigation into the veracity of the Content submitted. You agree that Mitzvites shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or your attendance at any such event.
6. License to use the Service
Mitzvites grants you a revocable, limited, non-transferable, non-sublicensable license to access and make personal use of the Service and not to download (other than page caching) or modify it, or any portion of it, except with Mitzvites’ express written consent. The foregoing license does not include any resale or commercial use of the Service or its contents; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Mitzvites’ express written consent. Use of the Service that constitutes abuse shall be determined by Mitzvites, in its sole discretion. Mitzvites reserves the right to terminate your User Account and/or use of the Website and/or Service if Mitzvites determines you have not complied with this Agreement.
7. Content Submitted Through the Service
You are solely responsible for any Content that is, or is designated by you to be, transmitted, posted, or distributed through the Service or posted in response to a transmission sent to you through the Service (“Submissions”), including, but not limited to, the contents of your transmissions, email communications, photos, videos, event information or images posted or sent by you to or through the Service. With respect to any and all of your Submissions, you represent and warrant that (i) you are the rightful owner of all of the intellectual property rights to your Submissions or have the appropriate authorization, license and sublicense rights from the owner, and that ownership of such rights is not in dispute, (ii) the Company will not need to obtain licenses from any third party or pay royalties to any third party, (iii) your Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights, (iv) your Submissions will be true and accurate and in compliance with all of the terms of this Agreement and applicable laws, (v) your Submission does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data, and (vi) your Submission will not contain material that is defamatory, trade libelous, pornographic, hate speech or obscene.
If your Submission contains any personally identifiable information of a child under the age of 18, including photos, video, images or voices, you represent and warrant (i) that you consent to the use of such Submission in accordance with this Agreement, and/or (ii) that you have obtained the parental consent for the use of such other children’s personally identifiable information (including photos, videos, images or voices) from each parent whose child under the age of 18 is contained in your Submission.
Mitzvites does not control Submissions, and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. By using the Website or the Service, you understand and agree that you may be exposed to Submissions from a variety of sources, and we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Submissions or the underlying event promoted. You may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
You agree that with respect to any Submissions made by you, you hereby grant to Mitzvites, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable, non-revocable license, without compensation, liability or notice to you, in and to such Submission, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Submission, and any Content contained therein, on its Website and/or to other users of the Service. You also grant Mitzvites the right to authorize the downloading and printing in whole or in part of any Submissions made by you.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Submissions before allowing it to be posted on or transmitted through the Service or otherwise stored in connection with the Service; and (b) we may do one or all of the following, at our sole discretion: (i) monitor Submissions made by you; (ii) alter, remove, or refuse to post or transmit, or allow to be posted, stored or transmitted any Submissions; and/or (iii) disclose any Submissions or any transmissions through the Service, and the circumstances surrounding the transmission thereof, to (1) any third party in order to operate the Service, (2) comply with applicable laws, (3) respond to governmental inquiries or requests, (4) comply with valid legal process, (5) protect the rights, privacy, safety or property of Mitzvites, the Service, the Website, other users (whether Registered Users or non-registered users) or the public at large, (6) permit us to pursue available remedies or limit the damages that we may sustain, and/or (7) enforce this Agreement.
We encourage you to report to us at firstname.lastname@example.org any suspected violations of this Agreement or any other additional terms posted on the Website, in particular, as they relate to inappropriate behavior or activity. We reserve the right, but not the obligation, to investigate and take appropriate legal action in our sole discretion against anyone who we believe violates this Agreement, including removing the offending Submission in whole or in part from the Website, suspending or terminating the User Account of such violators or suspending or terminating their right to use and access the Website.
8. User Conduct.
You may access and use the Website, the Service and Content only for the purposes expressly authorized hereunder and so long as you are in compliance with all provisions of this Agreement.
You agree to abide by all applicable local, state, national and international laws and regulations and not violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others or our policies or the operational or security mechanisms of the Website and Service, nor allow or facilitate a third-party to do the same.
Unless otherwise expressly authorized by us and without limiting your rights to your Submissions, you agree not to nor allow anyone else to:
We may (but are not obligated to) block access to the Website, the Service or the Content from any user that we suspect of breaching any term of this Agreement, without derogating from any other right or remedy that we may have by law, equity or otherwise.
9. Privacy and Personally Identifiable Information
10. Copyright and Trademark Infringement Policy and Notification Procedure
The Company does not own Content transmitted by others through the Service. All Content is transmitted by an individual, group or company (collectively, the “Provider“) who has represented and warranted to the Company that, among other things, neither the Content nor the names, trademarks and service marks under which Content is promoted (collectively, the “Name“) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights.
Since the Company is not in a position to determine who has the prevailing claim to use any particular Content or Name posted to the Website, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Content and/or Name (the “Complainants“) and the Providers. We recommend that Complainants immediately notify Providers about allegations of infringement.
For matters of suspected copyright infringement please see our Copyright Policy, available at http://www.mitzvites.com/copyright-policy/.
11. Third Party Links and Content
12. Access to the Website, Service and Content
The Company reserves the right to change, suspend, remove, terminate or disable access to the Website, Service or Content, or any feature thereof, at any time for any reason, or no reason, in its sole discretion, with or without notice. You acknowledge that we may, in our sole discretion and at any time(s), require registration for access to certain portions of the Website or uses of the Service and/or impose a fee for the use of certain Services, upon posting a notice on the Website or through notice to you through the email designated in your User Account. In addition, we may, from time to time, perform maintenance upon the Website or Service resulting in interrupted service, delays or errors in the Website or the Service. We may attempt to provide prior notice of scheduled maintenance but we do not guarantee that such notice will be provided. You agree to back up all of your Submissions, including any Content uploaded by you through the Service, so that you can access and use them when needed. Mitzvites does not warrant that it backs-up any Content, including Submissions. Mitzvites recommends that you save any Submissions, including Content included therein, on your personal hard drive or storage device. As a result, you agree to accept as risk the loss of any and all of your Submissions through the Service, or any delay in accessing any Content, including without limitation Submissions. In no event will the Company be liable for any removal or disabling of access to any portion of the Website, Service or Content, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications.
Mitzvites charges a one-time fee for each use of the Service (“Fee”). By using the Service you hereby agree to pay the then current Fee. Mitzvites expressly reserves the right to change the Fee at anytime in its sole discretion. The then current Fee will be displayed prior to your transmission of your invitation(s) and your completion of the payment process. The Fee is assessed immediately prior to your transmission of your event invitation, including any other Submissions contained therein. In the event you do not transmit your invitation(s), the Fee will become fully refundable to you by Mitzvites thirty (30) days after the listed date of your event (as listed in your User Account) (“Refund Date”), provided you send a written refund request to Mitzvites via email at email@example.com. Mitzvites will refund you within thirty (30) days of the Refund Date. No refunds (including partial) will be given after you have transmitted your invitation(s). By using the Service you agree to Mitzvite’s or its payment processing vendor (e.g., Authorize.net) storing your payment card or account information. You also agree to reimburse us for all collection costs and interest for any overdue amounts. You agree to update Mitzvites or its payment processor with your then current payment information (bank account, credit card or otherwise) to comply with your obligation to pay such Fee, including any related collection costs or overdue amounts. You agree to submit any disputes regarding any Fee charged to you by email to Mitzvites at firstname.lastname@example.org within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
By using the Service, sending an event invitation or promoting an event, and/or attending any event posted on, or promoted through, the Service, or publicly distributed on the web, you agree to release, discharge and hold harmless Mitzvites and its subsidiaries and affiliates from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person, any Content posted on the Website or transmitted through the Service, and your attendance at any event posted on, or transmitted through, the Service or publicly distributed on the web. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR MANAGERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO: (I) YOUR BREACH OF ANY TERM OR CONDITION OF THIS AGREEMENT; (II) ANOTHER USER’S USE OF YOUR SUBMISSIONS; (III) YOUR USE OF, RELIANCE ON OR ACCESS TO THIS WEBSITE, THE SERVICE OR ANY CONTENT; (IV) ARISING OUT OF YOUR SUBMISSIONS BEING INCLUDED BY YOU ON THE WEBSITE AND BEING MADE AVAILABLE THROUGH THE SERVICE; (V) YOUR VIOLATION OF THE RIGHTS OF ANOTHER; OR (VI) YOUR USE OF, RELIANCE ON OR ACCESS TO ANY THIRD PARTY SOFTWARE, APPLICATIONS OR DATA RESULTING FROM YOUR USE OF THE WEBSITE, SERVICE OR CONTENT. WE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION. YOU SHALL COOPERATE FULLY IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
17. Disputes: Governing Law; Venue and Jurisdiction
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and the Company agree to submit to the exclusive jurisdiction of the courts located within the County of Los Angeles, California to resolve any dispute arising out your use of the Website, the Service or this Agreement.
The Mitzvites™ name, the slogan “It’s more than an invitation, it’s a Celebration!TM” and all other related product and service names, design marks and slogans are trademarks or service marks of Mitzvites and may not be used in any manner without the prior written consent of Mitzvites. All other trademarks and service marks are trademarks of their respective owners.
The Company may terminate your User Account and/or otherwise prohibit you from using or accessing the Website or the Service, for any reason, or no reason, at any time in its sole discretion, with or without notice. This Agreement will automatically terminate if you fail to comply with the terms of this Agreement or if you attempt to assign this Agreement except as expressly permitted in this Agreement. Upon termination, you must stop all use of the Website, Service and Content. Sections 3, 7, 8, 9, 10, and 13 through 21 together with any definitions and provisions intended to survive shall survive the termination of this Agreement. The Company may take any technical remedies to prevent any materials prepared in violation of this Agreement from entering, utilizing, or remaining within the Company’s computer or communications networks. The Company may take such further action as the Company determines to be appropriate under the circumstances to eliminate or preclude repeat violations. The Company shall not be liable for any damages of any nature suffered by you, or any third party resulting in whole or in part from the Company’s exercise of its rights under this Agreement.
21. Contact Us
If you need to contact us regarding this Agreement, we can be reached by emailing us at email@example.com.