Terms of Service
SMPretty, Inc. (collectively, "SMPretty", "Company", "we" or "us" or "our") is a lifestyle website with a particular, albeit not exclusive, focus on wedding-related information for the modern bride. The services offered by SMPretty include the SMPretty Website located at stylemepretty.com or any sub domain of stylemepretty.com and any other feature, content or applications offered from time to time by SMPretty in connection with the Website whether accessed directly or through our application for mobile devices (collectively, the "SMPretty Website" or "Website" or "SMPretty Services" or "Services"). The SMPretty Website and Services are hosted in the United States.
SMPretty may modify and update this Agreement from time to time in our sole discretion and each modification and/or update will be effective immediately when it is posted on the SMPretty Website. You agree to be bound to any changes to this Agreement through your continued use of the SMPretty 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 aware of any changes, as they are binding on you.
Additionally, SMPretty reserves the right to withdraw or amend the Website and any or all Services provided, in our sole discretion at any time without notice. SMPretty will not be liable if for any reason any or all of the Website or Services are unavailable at any time or for any period. From time to time we may restrict access to some parts of the Website, or the entire Website or Visitors or Users.
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 SMPRETTY WEBSITE 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. IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH TO THE SMPRETTY WEBSITE ALL PHOTOS AND OTHER CONTENT YOU POST.
- Term. This Agreement shall remain in full force and effect while you use the SMPretty Services or are a Visitor or User. SMPretty may terminate your use of the SMPretty Website or the SMPretty Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
- Non-commercial Use by Members. The SMPretty Services are for the personal use of Visitors and Users only and may not be used by you in connection with any commercial endeavors except those that are specifically endorsed or approved by SMPretty. Illegal and/or unauthorized use of the SMPretty Services, including but not limited to collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the SMPretty Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the SMPretty Services.
- User Content.
- SMPretty does 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 SMPretty Website. You represent and warrant that you own the User Content posted by you on or through the SMPretty Website or that you otherwise have sufficient right, title and interest in and to such User Content to grant SMPretty 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 SMPretty Website.
- After posting, uploading or embedding User Content to the SMPretty Website, you continue to retain such rights in such User Content as you held prior to posting such User Content on the SMPretty Website 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 SMPretty Website, you hereby grant to SMPretty 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 manner, mode of delivery, or media now known or developed in the future. Where possible, photographs used on the SMPretty Website and in any SMPretty publication will include attribution to the photographer and/or copyright holder. As part of the non-exclusive license you grant to SMPretty, you agree to allow other Users of the SMPretty Website and SMPretty Services to add your User Content to their SMPretty Inspiration Board(s) and post these Inspiration Board(s) on other websites provided that such use is for non-commercial purposes only.
- Without this license, SMPretty would be unable to provide the SMPretty Services or its publications. For example, the license you grant to SMPretty is non-exclusive (meaning you are free to license your Content to anyone else in addition to SMPretty), fully-paid and royalty-free (meaning that SMPretty is not required to pay you for the use of the User Content that you post), sublicensable (so that the User Content you post on the SMPretty Website is able to be distributed for wide exposure via SMPretty's network affiliates; third party content providers; and subcontractors, such as Internet content delivery networks, to provide the SMPretty Services), and worldwide (because the Internet and the SMPretty Services are global in reach).
- This license will terminate at the time you remove your User Content from the SMPretty Website except as to any User Content that SMPretty has sublicensed prior to your removal of your User Content from the SMPretty Website, which license shall continue in perpetuity. To remove User Content, please send a request to email@example.com and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the SMPretty Website. We will remove the item(s) as quickly as possible and in line with our record retention policies.
- The SMPretty Services contain Content owned by SMPretty ("SMPretty Content"). SMPretty Content is protected by copyright, trademark, patent, trade secret and other laws, and SMPretty owns and retains all rights in the SMPretty Content and the SMPretty Services. SMPretty hereby grants you a limited, revocable, non-sublicensable license to view the SMPretty Content (excluding any software code) solely for your personal use in connection with viewing the SMPretty Website and using the SMPretty 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 SMPretty Content appearing on or through the SMPretty Services.
- The SMPretty Services contain Content of other Users and other SMPretty licensors ("Third Party Content") and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the SMPretty Website and using the SMPretty Services pursuant to the terms contained herein. 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 SMPretty Website.
- Content Uploaded, Submitted, Embedded.
- Please choose carefully the User Content that you upload to, submit to, or embed on the SMPretty Website and that you provide to other Users as you are solely responsible for your User Content and for any liability that may result from the User Content you post. You expressly agree that you will not upload to, submit to, or embed on the SMPretty Website or include in your SMPretty dashboard(s) any User Content that violates this Agreement or that is contrary to the purposes of the SMPretty Services, that may be offensive, illegal or violate the rights of, harm, or threaten the safety of any person, or that presents any business or individual in a negative light. You further agree that you will not upload to, submit to or embed on the SMPretty Website or include in your SMPretty dashboard(s) any photographs or video containing nudity, or obscene, lewd, violent, harassing, libelous, sexually explicit or otherwise objectionable subject matter or any content owned by third parties for which you do not have the right to post, display or publish.
- SMPretty does not endorse or guarantee the accuracy, efficacy, or veracity of the User Content posted by you or other Users. You acknowledge that we have no way to monitor all User Content that is uploaded to or embedded on the SMPretty Website and that despite our reasonable efforts to ensure that all User Content is consistent with the purposes of the SMPretty Services, Users may post User Content that contains illegal, inaccurate, libelous, inappropriate, offensive or sexually explicit material, products or services, and SMPretty assumes no responsibility or liability for this material. SMPretty makes no warranties, express or implied, as to any aspect of the User Content uploaded or embedded by you or other Users or to the reliability of the User Content or any material or information that you or other Users transmit to other Users or Visitors via SMPretty Services. If you become aware of any inappropriate User Content on the SMPretty Website or any misuse of SMPretty Services by any person, please contact SMPretty at firstname.lastname@example.org.
- SMPretty reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content you provide, or to restrict, suspend, or terminate your access to all or any part of SMPretty Services at any time, for any reason or for no reason, with or without prior notice, and without liability to you or any third party.
- Prohibited Content. SMPretty reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the SMPretty Website 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 SMPretty 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
- Content that includes a photograph of another person that you have posted without that person's consent.
SMPretty's right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and SMPretty expressly reserves the right to investigate, report and take appropriate legal action against anyone who, in SMPretty's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
- Prohibited Activity.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 SMPretty Services:
- copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Third Party Content or SMPretty Content appearing on or through SMPretty Services;
- criminal or tortious activity, including but not limited to 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 SMPretty 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 SMPretty Services or the networks or services connected to the SMPretty Services;
- attempting to impersonate another User, person, or representative of SMPretty;
- creating a false or misleading profile or SMPretty page;
- 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 SMPretty 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 SMPretty Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, using SMPretty's name to broker favorable discounts with vendors, or sending private messages with a commercial purpose; or
- using the SMPretty Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to SMPretty or others (including without limitation Third Party Content or SMPretty Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. Without limiting the foregoing, if you believe that your work has been copied and posted on the SMPretty Website in a way that constitutes copyright infringement, please contact email@example.com for information about how to file a take-down notice. It is the policy of SMPretty to terminate Users who are deemed to be repeat offenders in the sole discretion of SMPretty.
- User Disputes. You are solely responsible for your interactions with other SMPretty Users. SMPretty 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, SMPretty 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 is shared with. SMPretty encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway, it may be binding on you.
Without limiting the generality of the foregoing, SMPretty is not responsible for any incorrect or inaccurate Content posted on the SMPretty Website or in connection with the SMPretty Services. User Content created and posted on the SMPretty Website may contain links to other websites. SMPretty is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by SMPretty. Inclusion of any linked website on the SMPretty Website does not imply approval or endorsement of the linked website by SMPretty. When you access these third-party sites, you do so at your own risk. SMPretty takes no responsibility for third party advertisements which are posted on this SMPretty Website or through the SMPretty Services, nor does it take any responsibility for the goods or services provided by its advertisers. SMPretty is not responsible for the conduct, whether online or offline, of any User of SMPretty Services. SMPretty assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. SMPretty is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the SMPretty Services or combination thereof, including any injury or damage to Users or to any person's computer including but not limited to viruses or other harmful material that may infect your computer equipment, programs or data related to or resulting from participation or downloading materials in connection with the SMPretty Services or any website linked to it. Under no circumstances shall SMPretty be responsible for any loss or damage, including personal injury or death, resulting from use of the SMPretty Services, attendance at a SMPretty event, from any Content posted on or through the SMPretty Website, or from the conduct of any Users of the SMPretty Services, whether online or offline. SMPretty cannot guarantee and does not promise any specific results from use of the SMPretty Services.
THESE DISCLAIMERS APPLY TO SMPRETTY AND ANY OF OUR EMPLOYEES AND AGENTS.
- Limitation of Liability. IN NO EVENT SHALL SMPRETTY OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF SMPRETTY 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 SMPRETTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SMPRETTY'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 SMPRETTY FOR THE SMPRETTY 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 SMPRETTY 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 HAVE CONSUMER PROTECTION AND OTHER LAWS THAT MAY APPLY TO THE SERVICES AND THAT DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT HEREIN IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION 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.
- Disputes; Choice of Law; Venue. If there is any dispute about or involving SMPretty Services, you agree that the dispute shall be governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Massachusetts, City of Boston. You hereby waive to the maximum extent permitted by applicable law, any claim that such courts constitute an inconvenient venue.
- Arbitration. At SMPretty's sole discretion, it may require you to submit any disputes arising from the use of the Website or Services, including disputes arising from or concerning our interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law.
- Other. This Agreement is accepted upon your access and use of the SMPretty Website or any of the SMPretty Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and SMPretty regarding the use of the SMPretty Services. The failure of SMPretty to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. SMPretty is a trademark of SMPretty, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
- Waiver and Severability of Terms.The failure of SMPretty 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 permanently barred.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
Last Updated: April 20, 2018