Effective as of January 5, 2017
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
You acknowledge that these terms include disclaimer of warranties, damage and remedy exclusions and limitations.
Unveil is a membership service that allows you to receive personal coordination service to help in the planning of your wedding. From time to time, we may offer different membership terms and benefits.
In order to use Unveil, you need to (a) be 18 or older and (b) have the power to enter a binding contract with us. You represent and warrant that any registration information that you submit to us is true, accurate and complete, and you agree to maintain its accuracy and immediately notify us if any information is inaccurate. Your use of Unveil is also subject to your standard phone and/or internet fees for data, messaging and any other limits put in place by your carrier and you are responsible for any fees related thereto.
2. Changes to the Agreements
The Agreement may, at our sole discretion, be revised in writing by us. The date of the last modification is posted at the top of the Agreement. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version. By continuing to use Unveil after those changes are made, you are agreeing to the changes.
3. Responsibility for services
We act only as an information collection platform for wedding related products and services. We are not responsible for the acts or omissions of such vendors or their subcontractors or their failure to provide services, adhere to their own schedules or honor their contracts. Further, your use of such wedding services may be subject to additional terms and conditions imposed by the supplier of such services. Details, photographs, and other vendor details provided to you by our coordinators come directly from the suppliers or their subcontractors and we are not responsible for any errors or misrepresentations included therein.
4.1 License to Unveil
We own all right, title and license in and to Unveil and grant you a limited, revocable, non-exclusive, non-transferable license to use Unveil for your personal use in accordance with this Agreement. Except as expressly permitted by us, you agree that you will not sublicense, resell, rent, reverse engineer, modify or otherwise make derivative works of, assign, distribute or otherwise commercially exploit Unveil or any part thereof. All rights not expressly granted to you are reserved by us. This license shall automatically expire upon termination of this Agreement.
4.2 License to feedback
You grant us an unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty free worldwide license to use and/or incorporate into Unveil any feedback, suggestions and/or recommendations you provide to us.
5.1 Promotional codes
We may, in our sole discretion, create promotional codes that may be redeemed for benefits related to a third party provider’s services, subject to terms that we may establish on a per-promotional-code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner or made available to the general public, unless expressly permitted by us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; (vi) are not valid on past purchases and (vii) may expire prior to your use. We reserve the right to withhold or deduct credits or other benefits obtained through the use of Promo Codes by you or any other user in the event that Unveil determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal or in violation of the applicable Promo Code terms or this Agreement. Promo Codes are governed by this Agreement and any other terms and conditions set forth at the time the Promo Codes are issued.
5.2 Sweepstakes, contests and other promotions
Additionally, we may, in our sole discretion, offer you the chance to participate in sweepstakes, contests, surveys or other promotions (“Special Promotions”). Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
6. Technology limitations and modifications
We will make reasonable efforts to keep Unveil operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of Unveil, with or without notice, all without liability to you for any interruption, modification or discontinuation of Unveil or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade or update Unveil or to provide all or any specific content through Unveil.
7. Suspension and termination
7.1 Termination by you
You may cancel your membership at any time, for any reason or no reason by requesting cancellation of your membership.
7.2 Suspension and termination by us
We may suspend your access to Unveil at any time, including in the event of your actual or suspected unauthorized use of Unveil or non-compliance with the Agreement. In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we may, at any time and without notice, terminate or restrict your access to Unveil for any reason or no reason.
If you have been notified by us that you are prohibited from using Unveil, then notwithstanding anything to the contrary, you have no license to use Unveil and any access by you or on your behalf shall be unauthorized and unlawful. We may provide notice under this or any other section of this Agreement via an email sent to the email address contained in your user profile, or in any other reasonable manner.
8. DISCLAIMER OF WARRANTIES
We endeavor to provide the best service we can, but you understand and agree that UNVEIL IS PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. WE DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH UNVEIL. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF UNVEIL IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE UNVEIL AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT UNVEIL WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED OR UNVEIL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In addition, to the maximum extent allowed by law, we do not warrant, endorse, guarantee or assume responsibility for any product or service offered by a third party on or through Unveil or any hyperlinked website available through Unveil. We do not control third party websites available through hyperlink and we are not responsible for any content available therein. You understand and agree that we are not responsible or liable for any transaction between you and third-party providers. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from us shall create any warranty on behalf of us in this regard. Some aspects of this section may not apply in some jurisdictions.
The disclaimers set forth herein are intended to disclaim to the maximum extent allowable by law. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
You agree to indemnify, hold harmless and defend us and our affiliates, subsidiaries, officers, directors, employees, agents and licensors at your expense, against any and all third party claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by us arising out of or relating to your (a) breach of any term of this Agreement; (b) use or misuse of Unveil or (c) violation of any law, rule or regulation or the rights of any third party.
10. Limitation of liability and damages
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH UNVEIL OR THIRD PARTY PROVIDERS IS TO STOP USING UNVEIL.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) ARISING OUT OF (I) THE USE OR INABILITY TO USE THE SERVICE OR (II) THE ACTIONS OR INACTIONS OF ANY THIRD PARTY PROVIDERS, REGARDLESS OF LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO UNVEIL OR THIRD PARTY PROVIDERS OF MORE THAN THE AMOUNTS PAID BY YOU FOR THE SERVICES IN QUESTION, LESS ANY BOOKING FEES INCURRED BY US IN CONNECTION THEREWITH. ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), SUBJECT TO THE OTHER LIMITATIONS SET FORTH HEREIN.
YOU ACKNOWLEDGE AND UNDERSTAND THAT THIS SECTION 10 REMOVES OR LIMITS OUR LIABILITY FOR NEGLIGENCE WHERE PERMITTED BY LAW.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, liability of us and the parties listed above shall be limited to the fullest extent permitted by in such states or jurisdictions law. Further, this Agreement does not waive or limit any rights or obligations, otherwise required by law and we do not request that you waive or limit any rights you may have under law.
11. Dispute Resolution
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND UNVEIL, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT UNVEIL AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online. If the AAA is unable or declines to administer the arbitration, a court of competent jurisdiction may appoint the arbitrator. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, or as otherwise required by the AAA. If the parties are unable to agree on a location, such determination should be made by the the arbitrator. The arbitrator’s decision will follow these Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, provincial, territorial or local agencies and, if the law allows, they can seek relief against us for you.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). Unveil’s address for Notice is listed in Section 14. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Unveil may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Unveil must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If you are required to pay a filing fee, after Unveil receives Notice that you have commenced arbitration, Unveil will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which event you will be responsible for filing fees.
If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the dispute is finally resolved through arbitration in your favor, Unveil will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Unveil in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA rules.
12. Intellectual Property/DMCA
You agree not to download, display or use any Unveil Content located on Unveil for use in any publications, in public performances, on websites other than Unveil for any other commercial purpose, in connection with products or services that are not those of us, in any other manner that is likely to cause confusion among consumers, that disparages or discredits us and/or our licensors, that dilutes the strength of our or our licensor's property or that otherwise infringes our or our licensors’ intellectual property rights. You further agree not to misuse any Unveil Content or any third party content that appears on Unveil.
We respect the intellectual property rights of others. If you think material hosted by us infringes your copyright, please provide us the following information:
(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located or found on the Website or Service; (d) your address, telephone number and, if available, an email address; (e) a 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 and (f) a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Your claim should be sent by mail or email to:
Unveil Events, Inc. at the address listed in Section 14, ATTN: Copyright Agent or by email at [email protected]
13.1 Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
13.2 No Partnership
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or your use of Unveil.
We may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
13.4 No Waiver
Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
13.5 Equitable Remedies
You hereby agree that we would be irreparably damaged if this Agreement was not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
13.7 Entire agreement
This Agreement constitutes all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreement in any written or oral communication from you to us are void.
14. Contact us
We can be reached at:
Unveil Events, Inc.
251 Emerson Street
Palo Alto, CA 94301
Thank you - we hope you enjoy using Unveil!