Terms of Use



Last Updated June 30, 2010

Acknowledgment and Acceptance of Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.  BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE.

The terms and conditions set forth in this terms of use notice (the “Terms of Use”) shall govern your visit to and use of the web sites provided by Modern Day Invite, LLC (“Modern Day,” “ModernDayInvite.com,” “us,” “our,” or “we”), including http://www.ModernDayInvite.com (the “Site”), as well as all services related to the Site. By using the Site, you agree to be bound by these Terms of Use. If you do not understand or agree to these Terms of Use, please do not use this Site and do not register to be a Member of the Site.

Overview

The Site offers a service that allows users to create, send and receive wedding invitations through emails to family, friends and associates; and post pictures (the "Services"). These Terms of Use apply to the Services and to any other services provided by the Site. Modern Day provides the services only to residents of the United States.  For help, email customerservice@ModernDayInvite.com.

Photographs may not contain images of children alone, celebrities, cartoons, comics, nudity or artwork, or obscene or otherwise inappropriate images, as determined in our sole discretion.  For security and privacy reasons, you should not upload any photographs or videos that contain contact information such as names, phone numbers, email addresses or web site URLs.

In order to send a Modern Day invitation, you must be a registered Member of the Site (see below).  Members can customize invitations by choosing various backgrounds, color choices and templates provided by Modern Day, and by uploading one or more images for use on an invitation.

General

We reserve the right to modify these Terms of Use in any manner at any time in our sole and absolute discretion without prior notice to you or liability. Any modification to these Terms of Use will be effective immediately upon posting at the Site. We will announce any changes by posting a revised draft of these Terms of Use on the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of this page. Your use of the Site following such changes constitutes your agreement to follow and be bound by the terms as modified. You agree to review these Terms of Use periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which will be available on the Site. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.

We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your only right in regard to any changes discussed in this section is to cease use of the Site.

If you have any questions regarding the meaning or application of this Agreement, please direct your questions to customerservice@ModernDayInvite.com

Member Sign In

In order to use the Site, we encourage you to become a member of the Site (“Member”). If and when you decide to become a Member, you agree to provide accurate, current, and complete information about yourself as prompted by the appropriate registration form.  If any information changes, you agree to update your registration information as soon as possible. You may review, correct, change, or update your membership information by visiting the log-in section of the Site, or by e-mailing our customer support at customerservice@ModernDayInvite.com. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership and you may be barred from using our Site.  By registering with ModernDayInvite.com, you represent that you are of legal age and capacity to enter into a binding contract and are not a person barred by any laws from using our Site.

As part of the membership process, you will be asked to select a Username and password. You may not choose a Username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any Username in our sole discretion. You agree not to transfer or resell your use of or access to the Site or permit anyone else whose account or membership was suspended or terminated to use the Site through your account, Username or password. You are solely responsible for the activity that occurs on your account (including purchases), whether expressly authorized by you or not.  You are solely responsible for keeping your account Username and password secure.  If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your Member information, and immediately notify us by emailing us at customerservice@ModernDayInvite.com.  You are not allowed to use another Member’s account without that Member’s permission.  Unless previously notified otherwise, we will assume that anyone visiting our Site with a correct account and password combination is an authorized user of that account.  We cannot and will not be liable for any loss or damage arising from your failure to comply with this section or to secure your account and password, including but not limited to selecting a password that is not easily compromised.

In addition, Modern Day has no control over, and will have no liability for, any damages resulting from the use or misuse by any third party of information that you voluntarily make public through the Wedding Gallery or any other part of the Site. IF YOU CHOOSE TO MAKE YOUR PHOTO OR OTHER INFORMATION PUBLICLY AVAILABLE IN THE WEDDING GALLERY, YOU DO SO AT YOUR OWN RISK.

Sample Invitation Gallery/Demo

Occasionally we may invite you to participate in the Sample Invitation Gallery/Demo section of the Site. We are not responsible for information or photos made available in Sample Invitation Gallery (including errors or omissions in postings, content or links and images embedded in the Sample Invitation Gallery and/or content) or results obtained by using such information or materials. In addition, Modern Day has no control over, and will have no liability for, any damages resulting from the use or misuse by any third party of information that you voluntarily make public through the Sample Invitation Gallery or any other part of the Site. IF YOU CHOOSE TO MAKE YOUR PHOTO OR OTHER INFORMATION PUBLICLY AVAILABLE IN THE SAMPLE INVITATION GALLERY/DEMO SECTION, YOU DO SO AT YOUR OWN RISK.

If you would like to have your photo removed, please email us at customerservice@ModernDayInvite.com.  We will remove your photo and information at our earliest convenience.

Site Conduct

The Site is intended to be used for lawful purposes only. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. We reserve the right to remove any content posted on our site for any reason. We also reserve the right to refuse to remove content even if it violates these Terms of Use.  Decisions as to whether content violates our standards will be made in our sole discretion after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on our site. When using the Site:

You may not post or transmit any material or content on or through the Site:

You may not post or transmit on or through the Site:

You may not:

Copyright

Copyright 2009 Modern Day Invite, LLC. All rights reserved.

This Site and the contents of the Site are intended for your personal use. The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the “Site Content”). This Site is protected under U.S. copyright laws, international conventions, and other copyright laws. Modern Day and third party content providers also own copyrights in the original content on the Site. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Site Content.

Trademarks

“Modern Day” and “ModernDayInvite.com” are trademarks and/or service marks of Modern Day Invite LLC and/or its subsidiaries. Other marks, graphics, typefaces, trade names and logos appearing on the Site may also be trademarks, service marks or trade dress of Modern Day. All other trademarks appearing on the Site are the property of their respective owners and appear on the Site by permission. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of our trademarks, service marks or trade dress, and our trademarks, service marks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.

Copyright Infringement Claims

If you believe in good faith that any material or content posted on the Site constitutes a copyright infringement please send a notice pursuant to the Digital Millennium Copyright Act which includes the following information to the Copyright Agent named below:

Copyright Agent:

e-mail: customerservice@ModernDayInvite.com

License; Submissions

Please note that, because portions of the Site include information you provide to use, we redistribute materials you give us, therefore we need to obtain certain rights in those materials. You hereby grant to us a royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers), irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner any content, data, text, sound files, images, photographs, graphics, video, messages, files, links or any other material and/or your name posted on the Site (collectively, the “Material”), and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting or sending Material to the Site you represent and warrant that (1) no other party has any rights to the Material or that you have all rights necessary to grant the rights granted hereunder, (2) the Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Material, and (3) your provision of the Material to and through the Site, complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the Material that you may have under any applicable law under any legal theory.

Third Party Sites

We may, for your convenience, provide you with links to other Web sites from the Site ("Resources page"). You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by the Resources page. Links to Linked Sites do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on the Resources page. You acknowledge and agree that we do not control and are not 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, goods or services available on the Linked Sites. YOU AGREE THAT YOUR USE OF THE RESOURCES PAGE, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Other web sites may provide links to the Site with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on such other sites, or any loss or damages incurred in connection with such other sites. Modern Day shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

Purchase of Services

If you wish to purchase any services made available through the Site, you may be asked to supply certain information relevant to your purchase, including without limitation your credit card number, the security code on the back of your credit card, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. Any such information provided through the Site will be treated by Modern Day in accordance with our Privacy Policy. By submitting such information, you grant Modern Day the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchases.

While Modern Day and our affiliates attempt to provide accurate information on the Site, we do not guarantee that product descriptions or other content on this Site will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates’ endorsement of such products. We reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product. Price and availability of any product offered through the Site are subject to change without notice. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your purchases. Your sole remedy for the purchase of any product/service from Modern Day through the Site is to return it for a full or partial refund as set forth in the contract governing such purchase.

Disclaimer of Warranty; Limitation of Liability

You acknowledge that it is not the responsibility of Modern Day to verify the accuracy of the mobile telephone numbers or email addresses to which invitations are sent.  If the recipient address is invalid, or becomes inoperable, the invitation will not be delivered.  In addition, the invitation may be rejected by the recipient or the recipient’s software or other technology, including spam filters.  Modern Day has no obligation to notify you if it receives a delivery failure notice.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT MODERN DAY, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, SPECIFICALLY INCLUDING BUT NOT LIMITED TO DELIVERY FAILURE OF INVITATIONS, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF MODERN DAY OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

While we try to maintain the integrity and security of the Site, we cannot guarantee its absolute security, completeness or correctness, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms of Use.  Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, please contact us at customerservice@ModernDayInvite.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.  Modern Day will not, under any circumstances, be liable in any way for any Materials posted by any user or third party, including any loss or damage caused by your reliance on such Materials.

Monitoring

We have the right, but not the obligation, to monitor the content and use of the Site to determine compliance with these Terms of Use and any other operating rules established by us. We may, in our sole discretion, edit, refuse to post or remove any material submitted to or posted on the Site that we find to be in violation of these Terms of Use or otherwise objectionable or stale and disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our Members and visitors, and to comply with legal obligations or governmental requests.

Indemnification

You agree to defend, indemnify, and hold harmless Modern Day, its affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of (a) your breach of these Terms of Use; and/or (b) your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.

Termination

Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including without limitation, your membership in the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and Member name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

Equipment and Charges

You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site, and you are responsible for all charges related thereto.

Privacy

See the Modern Day Security and Privacy Policy.

Miscellaneous

These Terms of Use, our Privacy Policy and any operating rules for the Site established by us constitute the entire understanding between you and us with respect to the use of the Site. We control and operate this Site from our offices in Arizona in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Persons who choose to access and use this Site are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

These Terms of Use shall be construed in accordance with the laws of the State of Utah, without regard to its conflict of laws rules. You agree to exclusive jurisdiction by the federal and state courts located in Davis County, State of Utah, and waive any jurisdictional, venue or inconvenient forum objections to such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. 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 Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms of Use is found to be unenforceable for any reason, than that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. In any dispute arising out of or relating to this Site, the prevailing party shall be entitled to recover its attorney fees.

e-mail: customerservice@ModernDayInvite.com

www.ModernDayInvite.com

Permissions

If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny in our sole discretion. You may email your request to: customerservice@ModernDayInvite.com

Linking To Our Site

If you are interested in linking to our Site from your site, please e-mail your request, which we may approve or deny in our sole discretion, to customerservice@ModernDayInvite.com

Filtering

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://dir.yahoo.com/Business_and_Economy/.../Blocking_and_Filtering/.

Please note that Modern Day does not endorse any of the products or services listed at such site.

Information or Complaints

If you have a question or complaint regarding the Site, please send an e-mail to customerservice@ModernDayInvite.com or call 801-446-3696.