The service offered by Love and Lavender Wedding Inc. (“Love and Lavender” or “we”) include the websites located at nomadnewlyweds.com or any sub domain of nomadnewlyweds.com (the “Nomad Newlyweds Website”), and any other feature, content or applications offered from time to time by Love and Lavender in connection with the Nomad Newlyweds Website whether accessed directly or through a mobile device application (collectively, the “Nomad Newlyweds Services”). The Nomad Newlyweds Services are hosted in the United States.
Love and Lavender may modify this Agreement from time to time and each modification will be effective when it is posted on the Nomad Newlyweds Website. You agree to be bound to any changes to this Agreement through your continued use of the Nomad Newlyweds 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 NOMAD NEWLYWEDS 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 NOMAD NEWLYWEDS SERVICES ALL PHOTOS AND OTHER CONTENT YOU POST.
1. Eligibility. Use of the Nomad Newlyweds Services is void where prohibited. You must be eighteen (18) years of age or over to be a Visitor or User of the Nomad Newlyweds Services. 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 Nomad Newlyweds Services and all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
2. Term. This Agreement shall remain in full force and effect while you use the Nomad Newlyweds Services or are a User. Love and Lavender may terminate your use of the Nomad Newlyweds Website or the Nomad Newlyweds Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
3. Non-commercial Use by Members.The Nomad Newlyweds 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 Love and Lavender. Illegal and/or unauthorized use of the Nomad Newlyweds Services, including 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 Nomad Newlyweds Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Nomad Newlyweds Services
4. User Content.
5. Content Uploaded, Submitted, Embedded.
6. Prohibited Content.
Love and Lavender reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the Nomad Newlyweds Services 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 Love and Lavender deems to be inappropriate:
Love and Lavender’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and Love and Lavender expressly reserves the right to investigate and take appropriate legal action against anyone who, in Love and Lavender’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
7. 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 Nomad Newlyweds Services:
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Love and Lavender or others (including without limitation Third Party Content or Nomad Newlyweds 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 Nomad Newlyweds Services in a way that constitutes copyright infringement, please provide Love and Lavender with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Nomad Newlyweds Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
9. User Disputes. You are solely responsible for your interactions with other Love and Lavender Users. Love and Lavender 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.
11. Promotions and Giveaways. From time to time, Love and Lavender 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. Love and Lavender encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.
Without limiting the generality of the foregoing, we are not responsible for any incorrect or inaccurate Content posted on the Nomad Newlyweds Website or in connection with the Nomad Newlyweds Services. User Content created and posted on the Nomad Newlyweds Website may contain links to other websites. Love and Lavender 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 Love and Lavender. Inclusion of any linked website on the Nomad Newlyweds Services does not imply approval or endorsement of the linked website by Love and Lavender. When you access these third-party sites, you do so at your own risk. Love and Lavender takes no responsibility for third party advertisements which are posted on this Nomad Newlyweds Website or through the Nomad Newlyweds Services, nor does it take any responsibility for the goods or services provided by its advertisers. Love and Lavender is not responsible for the conduct, whether online or offline, of any User of the Nomad Newlyweds Services. Love and Lavender 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. Love and Lavender 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 Nomad Newlyweds Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Nomad Newlyweds Services. Under no circumstances shall Love and Lavender be responsible for any loss or damage, including personal injury or death, resulting from use of the Nomad Newlyweds Services, attendance at a Love and Lavender event, from any Content posted on or through the Nomad Newlyweds Services, or from the conduct of any Users of the Nomad Newlyweds Services, whether online or offline. Love and Lavender cannot guarantee and does not promise any specific results from use of the Nomad Newlyweds Services.
13. Limitation of Liability. IN NO EVENT SHALL LOVE AND LAVENDER OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF LOVE AND LAVENDER 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 LOVE AND LAVENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LOVE AND LAVENDER’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 LOVE AND LAVENDER FOR THE NOMAD NEWLYWEDS 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 LOVE AND LAVENDER 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
14. 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.
15. Disputes; Choice of Law; Venue. If there is any dispute about or involving the Nomad Newlyweds Services, you agree that the dispute shall be governed by the laws of the Province of British Columbia, Canada, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the province and federal courts of Canada. You hereby waive to the maximum extent permitted by applicable law, any claim that such courts constitute an inconvenient venue. 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.
17. Other. This Agreement is accepted upon your use of the Nomad Newlyweds Website or any of the Nomad Newlyweds Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Love and Lavender regarding the use of the Nomad Newlyweds Services. The failure of Love and Lavender 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. Love and Lavender is a trademark of Love and Lavender Weddings 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.
18. Waiver and Severability of Terms. The failure of Love and Lavender 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.
19. 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.
nomadnewlyweds [at] gmail [dot] com
Last Updated: February 9, 2015