Last Updated June 30, 2010
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.
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.
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.
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 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.
“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:
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
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.
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.
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
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.