1. How you can use our website
We’re excited that you want to visit our website. Please remember that all of the content on our website (the “Content”), including text, photographs, logos, graphics, audio and video clips, and software code, is owned or licensed by ever swoon. This includes Content on both our main site, and on our Studio Swoon blog, which is also governed by these Terms.
When you visit our website and agree to these Terms, we give you a limited right to access, copy, download, and print the Content for your personal and non-commercial use, provided that you don’t modify or delete any copyright, trademark or other legal notice that appears within the Content.
You may not modify, distribute, post, re-post, upload, transfer, sell, or make available any of the Content without our express written permission.
We work hard to make sure we respect the intellectual property rights of others. We ask that you do the same. If you want to reuse something that you find on ever swoon, ask for permission first. Many times our Content comes from a professional photographer or from the wedding or event of another ever swoon visitor. Please respect their rights by working through us to ask permission before you use their photographs or other materials.
We reserve the right to block anyone’s access to our website at any time.
When you use our website, you agree that you will never
– use Content for unauthorized purposes;
– frame our Content or make our Content display next to someone else’s name, logo, trademark, or trade dress;
– scrape our Content;
– try to interrupt, delay, or intercept data transmissions from our website, so that others’ ability to access our website is diminished; and
– use any name or trademark of ever swoon in any metatag, hidden text, or other similar technique without our consent.
2. Your Submissions
You may have the ability to submit comments, stories, photographs, or other information to our website, or via email or other means, with the intent that it be posted on our website. When you submit anything to us, you give us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, make available, create derivative works from, distribute and display whatever you submit, in any media or format. The material that you submit becomes part of our Content. That doesn’t reduce your rights in the material that you submit, but it lets us protect the things you submit, as the terms above discuss. You retain all copyright ownership in anything that you submit—you are only giving us a license to it.
Whenever you submit any materials you represent and warrant that:
– you have the right to sent the materials to us and to grant us the rights listed above;
– any comments or information that you submit is accurate and truthful;
– you will never submit anything that violates the intellectual property, confidentiality, privacy or other rights of anyone else;
– you will never submit any personal information about anyone who is under 13 years old (if a child appears in photographs that you submit, be sure never to submit their name)
– you will never submit “spam” that is intended merely to advertise or promote other products or services;
– you will never submit material that contains software viruses or other instructions designed to interrupt, destroy or limit the functionality of any computer software or hardware;
– you will never submit material that is (in our sole judgment) offensive, obscene, abusive, defamatory, hateful or otherwise discriminatory, false or misleading, or that incites persons to take illegal action or that is intended to intimidate or harass another person;
– you will never attempt to use another person’s account or personal information or otherwise attempt to gain unauthorized access to any part of our website.
If you submit a photograph and provide a credit line, we will include that credit line. But simply adding a credit line does not mean you have permission to let us post the photograph. Make certain that you have permission from the copyright owner before you submit anything to us.
Some features of our website may require registration. By registering, you agree that all information you provide about yourself is true, accurate, current and complete.
Some features of our website may require a password. You are responsible for protecting your password. You agree that you will be responsible for all statements or activity associated with your account and password. If you ever believe there has been an unauthorized use of your password, you must notify us immediately.
We have the right, but not the obligation, to review anything that you submit. We may not post or use materials that you submit, in which case the license that you grant to us above does not apply. We can terminate your right to access our website at any time, for any reason or no reason, and we can delete any or all of the materials that you have submitted to us, without prior notice to you.
3. Sponsored Activities and Links to Other Websites.
We often write about products and services that we believe our readers are interested in, including through posts on our Studio Swoon blog or through other social media outlets on which ever swoon has an account. In some cases, we receive free products or a payment to encourage us to review or write about others’ products or services. Whenever this is the case, we will make a statement in our review or post to indicate that we received the product or service from that other company, or that we were asked to write about the product or service. This indicates that we have received something free or have received a payment.
We provide links to other websites that we believe you will find interesting and useful. We don’t own those sites and we can’t control what content is on those sites.
We work with business partners through affiliate programs. That means that if you purchase a product or service through a link on our website, we may receive a small payment or commission because we directed you to that affiliate. Nevertheless, we are not responsible or liable for anything you do on any other website (or for any loss or damage that you suffer), even if you reached that other website through a link on our website. If you have a problem with a product or service that you purchase from someone else, you must contact that seller, not ever swoon.
We occasionally offer giveaways through our website. Whenever we announce a giveaway, we will describe the following points about the giveaway:
– The specific prize or prizes and their retail value
– The dates of the giveaway and when you must enter
– The method or methods of entering (such as submitting an email to us)
Most of our giveaways will be “sweepstakes” where a winner is chosen randomly from all entries, rather than a contest where we judge entries. We will include a link to the Official Rules of each giveaway. Unless otherwise stated when a giveaway is announced, the following Official Rules apply to each giveaway that is run through the ever swoon website:
NO PURCHASE NECSSARY TO ENTER OR TO WIN. By participating in this sweepstakes (the “Giveaway”) you agree to be bound by these Official Rules. The sponsor and operator of the Giveaway is ever swoon, LLC, a New York limited liability company (“Sponsor”). Giveaway is open to all individuals over the age of 18. Employees of ever swoon, LLC and its agencies and suppliers are not eligible to enter. Participation is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law. You are responsible for checking applicable laws and regulations in your jurisdiction before participating in a Giveaway to make sure that your participation is legal. You are responsible for all taxes and reporting related to any prize that you receive. No more than one entry per person via each of the methods listed in the Giveaway details or in these Rules. The number of prizes in the Giveaway and the retail value of prize(s) included in the Giveaway are provided on the relevant page of Sponsor’s website. The odds of winning a Giveaway depend on the number of entries. Winners will be selected randomly by Sponsor. All decisions regarding eligibility and winner selection are final. The date and time during which entries in the Giveaway will be accepted are provided on the relevant page of Sponsor’s website. All entries received after the Giveaway closing date and time will not be considered. Entries that do not follow all of the entry requirements provided on the relevant page of Sponsor’s website will not be considered. Winners will be notified via email and will have 24 hours to confirm receipt of the e-mail. If the winner does not reply within 24 hours, another winner will be selected. Winner agrees to permit Sponsor and the third party provider of the Giveaway prize(s), if any, to use her or his name, voice, photo, or likeness for reasonable promotional and marketing purposes for up to 180 days after the end of the Giveaway. Sponsor and the provider of Giveaway prize(s), if any, are not liable for late or misdirected entries, entry errors, or transmission problems. Sponsor reserves the right to terminate the Giveaway in the event of technical problems, or to correct typographical or technical errors, or to void any entry suspected of attempting to inappropriately influence the outcome of the Giveaway. By entering a Giveaway, you agree to release and hold harmless Sponsor, any company providing a prize for the Giveaway, and their respective parents, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability or any injuries, loss, or damage of any kind arising from or in connection with a Giveaway. To receive the name of the winner of a Giveaway, send a written request to Sponsor within 90 days after that Giveaway’s entry period ends. Unless otherwise stated by Sponsor, no substitution, transfer, or assignment of prizes is permitted. Non-winning entries from one Giveaway are not carried forward to future Giveaways.
5. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, Ever Swoon PROVIDES THIS WEBSITE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Ever swoon DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Ever swoon DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL ever swoon, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE ever swoon PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), OR YOUR USE OF SERVICES PROVIDED BY ever swoon, EVEN IF THE ever swoon PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE ever swoon PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITE, FOR YOUR USE OF THE WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITE OR OTHERWISE RELATING TO THE WEBSITE.
You agree to indemnify and hold harmless the ever swoon Parties (defined above) from and against any and all loss, costs, expenses, and damages, including without limitation attorneys fees, resulting, whether directly or indirectly, from (a) your violation of these Terms; (b) your use of the Website; or (c) any materials that you submit to our website or otherwise make available to ever swoon.
8. Trademarks, Copyright.
Trademarks, logos and service marks displayed on this Website are registered and unregistered trademarks of ever swoon, LLC, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this website or in these Terms shall be construed as granting any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission. This website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected, including as a compilation, under the copyright laws of the United States and other countries.
Without limiting the foregoing, the following are trademarks of ever swoon, LLC: ever swoon, studio swoon, the ever swoon shoes logo, and the tagline: Passionate Planning. Extraordinary Experiences. Life Celebrated.
Ever Swoon respects the intellectual property rights of others and complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you wish to submit a DMCA takedown notice to ever swoon, please forward it to: Wells IP Law, 245 Park Ave., 24th floor, New York, New York 10167, or email: email@example.com.
9. Miscellaneous Terms.
If any provision of these Terms is held to be invalid or unenforceable by virtue of any law or regulation or by the final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions, which shall be modified to give effect to the original intent of the parties. These Terms shall be governed by and construed according to the United Stated Copyright Act and the laws of the State of New York, exclusive of its choice of law provisions. The parties agree that any disputes or proceedings between them concerning the Website or these Terms shall be brought in a federal or state court of competent jurisdiction sitting in New York, New York, and the parties hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver or ongoing waiver of any provision or right. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and ever swoon, LLC as a result of these Terms or your use of our website. These Terms constitute the entire agreement between you and us relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms) between you and us. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Effective Date: 15 March 2012