Welcome to Witty Vows!
The following Terms and Conditions (“Terms”) govern your access to and use of the Witty Vows website (the “Website”) through a particular account or accounts and are an agreement between you or the business you represent (“you”) and Witty Vows. By registering for or using the services, you (on behalf of yourself or the business you represent) agree to be bound by the following terms.
Witty Vows or ‘We’ is a wedding website that provides valuable wedding-related information for the modern prospective couple. The services offered by us include the Witty Vows websites located at wittyvows.com or any sub domain of wittyvows.com (the “Witty Vows Website”), and any other feature, content or applications offered from time to time by Witty Vows in connection with the Witty Vows Website whether accessed directly or through our application for mobile devices (collectively, the “Witty Vows Services”).
Witty Vows may modify this Agreement from time to time and each modification will be effective when it is posted on the Witty Vows Website. You agree to be bound to any changes to this Agreement through your continued use of the Witty Vows Services. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes.
WE URGE YOU TO THINK BEFORE YOU UPLOAD, SUBMIT OR EMBED CONTENT. THIS AGREEMENT PERMITS YOU TO UPLOAD TO , SUBMIT TO OR EMBED ON THE Witty Vows SERVICES ONLY PHOTOS OR OTHER CONTENT THAT YOU OWN THE COPYRIGHT TO OR OTHERWISE HAVE THE RIGHT TO PUBLISH. BY UPLOADING, SUBMITTING OR EMBEDDING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY SUBJECT YOURSELF TO LEGAL LIABILITY (SEE E.G., SECTIONS 4, 5 AND 6 BELOW). IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH TO THE Witty Vows SERVICES ALL PHOTOS AND OTHER CONTENT YOU POST.
Use of the Witty Vows Services is void where prohibited. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Witty Vows Services
This Agreement shall remain in full force and effect while you use the Witty Vows Services or are a User/ Vendor on the website. Witty Vows may terminate your use of the Witty Vows Website or the Witty Vows Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
- Witty Vowsdoes not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you upload to, submit to, or embed on the Witty Vows Services. You represent and warrant that you own the User Content posted by you on or through the Witty Vows Services or that you otherwise have sufficient right, title and interest in and to such User Content to grant Witty Vows the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Witty Vows Services.
- After posting, uploading or embedding User Content to the Witty Vows Services, you continue to retain such rights in such User Content as you held prior to posting such User Content on the Witty Vows Services and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing (“posting”) any User Content on or through the Witty Vows Services, you hereby grant to Witty Vows a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User Content through any media now known or developed in the future. Photographs used on the Witty Vows Services on in any Witty Vows publication will include attribution to the photographer and/or copyright holder.
- Without this license, Witty Vows would be unable to provide the Witty Vows Services or its publications. For example, the license you grant to Witty Vows is non-exclusive (meaning you are free to license your Content to anyone else in addition to Witty Vows), fully-paid and royalty-free (meaning that Witty Vows is not required to pay you for the use of the User Content that you post), sublicensable (so that Witty Vows is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Witty Vows Services), and worldwide (because the Internet and the Witty Vows Services are global in reach).
- This license will terminate at the time you remove your User Content from the Witty Vows Services except as to any User Content that Witty Vows has sublicensed prior to your removal of your User Content from the Witty Vows Services, which license shall continue in perpetuity.. To remove User Content, please send a request to hello@wittyvows and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the Witty Vows Website. We will remove the item(s) as quickly as possible.
- The Witty Vows Services contain Content owned by Witty Vows(“WittyVows Content”). Witty Vows Content is protected by copyright, trademark, patent, trade secret and other laws, and Witty Vows owns and retains all rights in the Witty Vows Content and the Witty Vows Services. Witty Vows hereby grants you a limited, revocable, non-sublicensable license to view the Witty Vows Content (excluding any software code) solely for your personal use in connection with viewing the Witty Vows Website and using the Witty Vows Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Witty Vows Content appearing on or through the Witty Vows Services.
- The Witty Vows Services contain Content of other Users and other Witty Vows licensors (“Third Party Content”) and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the Witty Vows Website and using the Witty Vows Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the Witty Vows Services.
- All the products and services offered on Witty Vows, and related Content displayed are the responsibility of the respective vendors and brands (“Brand Partners”) who have provided the Content to Website and to whom the Content has been visibly attributed to. The Website is only a platform for display of Content relating to products and services offered by Brand Partners. Witty Vows does not take responsibility of the availability of such products or services at all times. Witty Vows will not be responsible if a particular product or service is not available due to lack of stock or any other reason or has been discontinued by the respective Brand Partner. Witty Vows does not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. The images constituting the Content are received from the Brand Partners and are indicative. They may not match with actual products or result of services by the Brand Partner. Witty Vows’s display of Content from Brand Partners is in no manner to be construed as an endorsement of the Brand Partner and the products and services depicted in the Content that are being displayed on the Website. Witty Vows does not warrant the fitness for purchase or use of any products and services depicted in the Content.
- Prohibited Content. Witty Vows reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate; and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that Witty Vows deems to be inappropriate:
- Content that criticizes a business or individual beyond that of merely offering an opinion;
- Content that harasses or advocates harassment of another person;
- Content that exploits people in a sexual or violent manner;
- Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- Content that includes racially, ethically, or otherwise objectionable language;
- Content that is libelous, defamatory, or otherwise tortious language;
- Content that solicits personal information from anyone under 18;
- Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and
- Witty Vows’ right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and Witty Vows expressly reserves the right to investigate and take appropriate legal action against anyone who, in Witty Vows’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
- You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the Witty Vows Services:
- copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Third Party Content or Witty Vows Content appearing on or through the Witty Vows Services;
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- covering or obscuring the banner advertisements on your personal profile page, or any Witty Vows page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Witty Vows Services or the networks or services connected to the Witty Vows Services;
- attempting to impersonate another User, person, or representative of Witty Vows;
- using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile, without our permission;
- using any information obtained from the Witty Vows Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Witty Vows Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
- using the Witty Vows Services in a manner inconsistent with any and all applicable laws and regulations.
- You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Witty Vows or others (including without limitation Third Party Content or Witty Vows Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Witty Vows Services in a way that constitutes copyright infringement, please provide us with relevant proof and we ll be happy to take corrective action accordingly
- User Disputes. You are solely responsible for your interactions with other Witty Vows Users. Witty Vows reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
- Promotions and Giveaways. From time to time, Witty Vows will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information shared with. Witty Vows encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.
Limitation of Liability
- IN NO EVENT SHALL Witty Vows OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF Witty Vows BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Witty Vows HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WITTY VOWS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, PAID BY YOU TO Witty Vows FOR THE Witty Vows SERVICES DURING THE TERM OF YOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Witty Vows SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU
- Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Choice of Law; Venue. If there is any dispute about or involving the Witty Vows Services, you agree that the dispute shall be governed by the laws of Hyderabad, India. The prevailing party in any action brought in connection with this Agreement shall be entitled to an award of attorneys’ fees and costs incurred by the prevailing party in connection with such action.
Waiver and Severability of Terms
- The failure of Witty Vows to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
Statute of Limitations
- 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 this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.