The YourDay Platform is an information and social network dedicated to wedding and event planning. YourDay brings together professionals, service providers, products, and individuals thinking about or planning a wedding or other event. Through the YourDay Platform, people can obtain and exchange, ideas, information, products, and services related to wedding and event planning.
Please make sure to read this agreement, because your use of the Site is consent to these terms. If you do not agree to any of the updated terms, you should stop using the YourDay Platform.
- Using the YourDay Platform.
- Who can use it. You must be at least the age of majority in the state where you live to use the Site. Use of the YourDay Platform by anyone under 13 years of age is strictly prohibited.
- Profile for Professionals.If you are a professional services provider, you may set up a Professional Profile. If you do, you give us the right to list your Professional Profile in our directory of service providers, and you will be able to connect with others on the YourDay Platform while identified by your professional profile. Your professional profile is subject to our "Professional Profile Policy."
- Acceptable Use Policy.When using the YourDay Platform, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our "Acceptable Use Policy."
- Termination. You may close your account at any time by emailing [email protected]. We may permanently or temporarily suspend your use of the site or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any YourDay policy (including the Acceptable Use Policy). Upon termination of your use of the service, certain provisions will survive termination, as detailed in Section 9(m).
- Feedback.We welcome your feedback and suggestions about how to improve the YourDay Platform. Feel free to submit feedback to [email protected]. By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
- Your Content.
- Definition of Your Content.The YourDay Platform enables you to post material, including without limitation, your name, photographs of you or you work, audio or videos, profile pictures, messages, and commentary. You may also post reviews of third-party service providers, third-party products, or third-party services ("Reviews"). All material that you display on the YourDay Platform will be referred to collectively as "Your Content." You acknowledge and agree that, as part of using the YourDay Platform, Your Content may be viewed by the general public and will not be treated as private or confidential.
- License and Permission to Use Your Content.You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. You further agree that we may use Your Content in any manner that we deem appropriate in furtherance of YourDay Business Purposes, as such term is defined below.
- Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement. Further, with respect to Your Content in the form of photos or videos, and subject to YourDay product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos or videos as submitted by you, and (b) we will not license or sublicense to third parties individual photos, collections of photos, or videos except in each case for YourDay Business Purposes. "YourDay Business Purposes" means any use in connection with a YourDay-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the YourDay Platform, the services or the information it contains, YourDay, or its affiliates. YourDay Business Purpose specifically includes the use of Your Content on the YourDay Platform in connection with features and functions offered by YourDay to our users that enable them to view and interact with Your Content.
- Your Responsibilities for Your Content. By posting Your Content on the YourDay Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party.You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that your content does not violate YourDay's Acceptable Use Policy, Copyright and Trademark Policy or any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.
- Limits. We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy, or Copyright and Trademark Policy). We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content. If you seek to publish a Review, the requirements will be governed by our Review Policy.
- Our Content and Materials.
- Definition of Our Content and Materials. All intellectual property in or related to the YourDay Platform (specifically including, but not limited to our software, the YourDay marks, the YourDay logo, and YourDay buttons, badges, and widgets, but excluding Your Content), is the property of YourDay, Inc., its subsidiaries and affiliates or its licensors ("Our Content and Materials").
- No Endorsement or Verification. Please note that the YourDay Platform enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability on the YourDay Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the YourDay Platform by anyone.
- Restrictions. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. YourDay's permission to you for your use of the YourDay Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the YourDay Platform. You may view and print a reasonable number of copies of web pages located on the YourDay Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to YourDay.
- Ownership. You acknowledge and agree that the YourDay Platform and YourDay marks will remain the property of YourDay. The content, information and services made available on the YourDay Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the YourDay Platform.
- Reporting Violations of Your Intellectual Property Rights, YourDay Policies, or Applicable Laws
We have a special process for reporting violations of your intellectual property rights or other violations of YourDay policies or applicable laws.
- Copyright and Trademark Policy. We have adopted and implemented a Copyright and Trademark Policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the YourDay Platform infringes your intellectual property rights, please read our Copyright and Trademark Policy.
- Reports of Other Violations. If you believe content on the YourDay Platform violates YourDay's Acceptable Use Policy or otherwise violates applicable law (apart from copyright or trademark violations), please email [email protected]
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.
- Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF YOURDAY ENTITIES TO YOU.
THE "YOURDAY ENTITIES" MEANS YOURDAY, INC. AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
- WE ARE PROVIDING YOU THE SITE, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE YOURDAY ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- THE YOURDAY ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, AND (iv) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
- YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE YOURDAY ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE YOURDAY ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE YOURDAY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
You agree to fully indemnify, defend, and hold the YourDay Entities and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to the YourDay Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the YourDay Platform or other websites to which the YourDay Platform is linked; and/or (d) your negligent or willful misconduct.
- Dispute Resolution.
- Arbitration. You and YourDay agree that any dispute, claim or controversy arising out of or relating to the this agreement or to your use of the YourDay Platform (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and YourDay each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and YourDay agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" Section 7 will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" Section 8 will survive any termination of the Terms.
- Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution' section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
- Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the Commonwealth of Massachusetts and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
- Arbitration Location and Procedure. Unless you and YourDay agree otherwise, the arbitration will be conducted in Boston, Massachusetts. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and YourDay submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. For claims that exceed $10,000 and involve a hearing, you may elect for the hearing to be conducted by telephone.
- Arbitrator's Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the "Disclaimers and Limitations of Liability" section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant's individual claim.
- Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
- Supplemental Terms for Certain Services. Certain services offered on the YourDay Platform may require you to enter into a separate agreement and/or be subject to additional terms. In the event of any conflict between this agreement and the terms of that separate agreement, the terms of that separate agreement will control.
- Application Provider Terms. If you access the YourDay Platform through a YourDay application, you acknowledge that this agreement is between you and YourDay only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.
- Controlling Law and Jurisdiction. This agreement will be interpreted in accordance with the laws of the Commonwealth of Massachusetts and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in Boston, Massachusetts for any actions for which the arbitration provision, as set forth in the Dispute Resolution provision above, does not apply.
- Export. The YourDay Platform is controlled and operated from our United States offices in Massachusetts. YourDay software is further subject to United States export controls. No software for YourDay may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and (2) listed on any U.S. government list of prohibited or restricted parties.
- Changes. We reserve the right at any time to:
- change the terms and conditions of this agreement, consistent with applicable law;
- change the YourDay Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and
- deny or terminate your YourDay account, or use of and access to the YourDay Platform.
- Languages. English is the authoritative text of this agreement and all communications, notices, arbitrations and other actions and proceedings relating to this agreement will be made and conducted in English, even if we choose to provide translations of this agreement into the native languages in certain countries.
- Assignment. No terms of this agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with YourDay's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. YourDay may assign, transfer, or delegate this agreement or any right or obligation or remedy hereunder in its sole discretion.
- Waiver. Our failure to assert a right or provision under this agreement will not constitute a waiver of such right or provision.
- Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
- Further Assurances. You agree to execute a hard copy of this agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this agreement and any of your rights or obligations under this agreement.
- Entire Agreement/ Severability. This agreement supersedes all prior terms, agreements, discussions and writings regarding the YourDay Platform and constitutes the entire agreement between you and us regarding the YourDay Platform. If any provision in this agreement is found to be unenforceable, then (except as expressly provided otherwise in Section 7(a) (Dispute Process)) that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
- Survival: The following provisions will survive expiration or termination of this agreement: Section 2 (Your Content) Section 3(d)(Restrictions) and 3(e)(ownership), Section 5 (Disclaimers and Limitations of Liability), Section 6 (Indemnification), Section 7 (Dispute Resolution) and Section 8 (Miscellaneous).
- Contact. Feel free to contact us by emailing [email protected] with any questions about this agreement. The YourDay Platform is operated by:
Newton, MA 02460