Terms of Service
1. Access and Use of the Service
1.1 Services Description: The Service is a platform connecting people seeking wedding services (“Clients”) to our community of vendors who provide wedding venues and related services (“Vendors”) (Clients and Vendors are “Users”, “you” and “your”). Please be advised: Although Marin Kristine Blog administers the Service (including price estimates and comparison features) and allows Clients to search for Vendors on our Site, Marin Kristine Blog is not otherwise a party to the Vendor services or any other transactions that may take place between Clients and Vendors and is not involved in or responsible for the performance of any services provided by Vendors. Marin Kristine Blog has no control over the performance of any service by Vendors or any claims made by Vendors about the venue or services they may offer, nor does Marin Kristine Blog guarantee or endorse the truth or accuracy of any representations made by Vendors, the ability of Vendors to provide the venue or services as claimed by Vendors (even if through the Service) or the ability of Clients to pay for any venue or services offered by Vendors. Clients and Vendors (and not Marin Kristine Blog) bear all risks and liabilities associated with any vendor services, venues or other transactions between them. Different sections of the Site and Terms of Service may affect Clients and Vendors differently, so please be sure to read all terms carefully.
1.2 Relationship of Users: All Users acknowledge and understand that Marin Kristine Blog is not an employer, broker, agent or insurer for any Users of the Service. Marin Kristine Blog’s acceptance of a Vendor to the Service should not be construed as or otherwise deemed an endorsement or promotion of such Vendor, and such acceptance is in reliance on the Vendor’s representation and warranty to Marin Kristine Blog of the accuracy of information submitted by such Vendor. As the Service solely provides a platform and tools for Users to communicate with potential transaction partners, any such transactions are made by all Users at each User’s own risk.
1.3 Your Registration Obligations: You may be required to register with Marin Kristine Blog in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
1.4 Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities, with or without your knowledge, that occur under your password or account. You will take reasonable precautions to protect against theft, loss or fraudulent use of such password and account. You agree to (a) immediately notify Marin Kristine Blog of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Marin Kristine Blog will not be liable for any loss or damage arising from your failure to comply with this Section.
1.5 Modifications to Service: Access is limited to the version of the Service in Marin Kristine Blog’s production environment. Marin Kristine Blog reserves the right, at its sole discretion, to modify, add and/or substitute functionally equivalent features in the event of end-of-life or changes to software requirements, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Marin Kristine Blog will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
1.6 General Practices Regarding Use and Storage: You acknowledge that Marin Kristine Blog may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Marin Kristine Blog’s servers on your behalf. You agree that Marin Kristine Blog has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Marin Kristine Blog reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Marin Kristine Blog reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
1.7 Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Marin Kristine Blog and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Marin Kristine Blog account information to ensure that your messages are not sent to the person that acquires your old number.
2. Conditions of Use
2.1 User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Marin Kristine Blog. Marin Kristine Blog reserves the right to investigate and take appropriate legal action against anyone who, in Marin Kristine Blog’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree that you will use the Service only for lawful purposes and in accordance with these Terms of Service, and specifically will not use the Service to:
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email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes 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; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Marin Kristine Blog, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Marin Kristine Blog or its users to any harm or liability of any type;
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interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
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violate any applicable local, state, national or international law, or any regulations having the force of law;
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impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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solicit personal information from anyone under the age of 18;
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harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
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advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
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further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
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obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
3. Intellectual Property Rights
3.1 Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Marin Kristine Blog, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Marin Kristine Blog from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Marin Kristine Blog, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Marin Kristine Blog.
The Marin Kristine Blog name and logos are trademarks and service marks of Marin Kristine Blog (collectively the “Marin Kristine Blog Trademarks”). Other Marin Kristine Blog, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Marin Kristine Blog. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Marin Kristine Blog Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Marin Kristine Blog Trademarks will inure to our exclusive benefit.
3.2 Third Party Material: Under no circumstances will Marin Kristine Blog be liable in any way for any content or materials of any third parties (including users), 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 such content. You acknowledge that Marin Kristine Blog does not pre-screen content, but that Marin Kristine Blog and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Marin Kristine Blog and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Marin Kristine Blog, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
3.3 User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you acknowledge and agree that Marin Kristine Blog may use all data inputted into or collected by the Service, including but not limited to data related to Service utilization and User Content, on a historical, aggregated and anonymous basis (collectively, “Aggregate Data”) in compliance with applicable laws and Marin Kristine Blog’s Privacy Policy to provide the Service and for any commercial purposes, including but not limited to the distribution and provision of the Aggregate Data to other Marin Kristine Blog customers and for the preparation and distribution of benchmarking, research, and/or analytical materials. Aggregate Data shall not identify you as the source of any specific data, pattern or finding, nor shall it include any personally identifiable information of any individual users of the Service. Marin Kristine Blog shall maintain appropriate security measures for all Aggregate Data in accordance with the terms and conditions of these Terms. Marin Kristine Blog will be the sole and exclusive owner of all right, title and interest to such Aggregate Data and, notwithstanding anything to the contrary, shall be free to use and disclose on a world-wide and royalty-free basis the Aggregate Data for its business purposes including, but not limited to, publicizing usage of the Services, providing information on general industry trends, and providing benchmarking data to Marin Kristine Blog customers.
You hereby grant and will grant Marin Kristine Blog and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Marin Kristine Blog are non-confidential and Marin Kristine Blog will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Marin Kristine Blog may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Marin Kristine Blog, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Marin Kristine Blog has no control over such sites and resources and Marin Kristine Blog is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Marin Kristine Blog will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Marin Kristine Blog is not liable for any loss or claim that you may have against any such third party.
5. General
These Terms of Service constitute the entire agreement between you and Marin Kristine Blog and govern your use of the Service, superseding any prior agreements between you and Marin Kristine Blog with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. The failure of Marin Kristine Blog to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign these Terms of Service without the prior written consent of Marin Kristine Blog, but Marin Kristine Blog may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.