Terms + Conditions
Modernly Ever After ™

1/3/2022

 

This website is controlled, operated and administered by Modernly Ever After, LLC. All inquiries may be directed to:

Modernly Ever After, LLC.

 

Your access to and use of our website(s) (the "Website") is subject to the following terms of use (these "Terms of Use") and all applicable statutes, orders, regulations, rules, and other laws. By accessing and browsing the Website, you accept and agree to be bound by these Terms of Use, which are conditions of permission to access the Website. If you do not agree to these Terms of Use, you may not have full access to the Website. 

The form and nature of the services, content and all information posted on the Website is subject to change without notice. In addition, these Terms of Use may be changed, altered or modified at any time without prior notice. Modernly Ever After ("Company," "we," or " us") will make such changes by posting them here. You should check this page periodically for such changes. You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the top of these Terms of Use. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

Permitted Use, Limited License and Authorization to Reproduce

Subject to these Terms of Use and any other terms and conditions on the Website, Company hereby grants to you the non-exclusive right to use the Website and download, install, reproduce, use and disclose the contents of the files or other media provided on the Website that are specifically identified as available for download, subject to the following conditions: (i) the material may be used for informational and noncommercial purposes only; (ii) it may not be modified in any way, nor distributed, transmitted or re-posted; (iii) no copy is made of any Company trademark or logo apart from the page on which it appears; and (iv) any copy of any portion of the material must include the copyright notice appearing on the Website. The Website, all of the information and materials contained herein, and the software used to make the Website available (collectively, "Content") are and shall remain the property of Company and its licensors and suppliers, and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws. You do not acquire any right, title or interest in such Content by virtue of accessing the Website or making use of the permitted uses allowed under these Terms of Use.

Copyrights and Trademarks

As between you and Company, all copyrights in these Terms of Use, any Content, or the Website, and all brand names, logos and trademarks on the Website, are owned by Company or its licensors. Except as set forth in Section 1 above, no license to download, use, or reproduce any of the Content or other material, brand names, logos and/or trademarks is given or implied, and the Content, brand names, logos and/or trademarks may not be downloaded, reproduced, or used (except as an integral part of an authorized copy of material appearing on the Website pursuant Section 1 and only for as long as you are authorized to use the Website pursuant to these Terms of Use) or modified or distributed in any way without prior written permission. Except as otherwise expressly authorized herein or in writing in advance by Company, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on all or any part of the Website or the Content.

Unauthorized Use or Access

Unless otherwise expressly authorized in these Terms of Use or on the Website, you may not take any action to interfere with the Website or any other user's use of the Website or decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Website, nor insert any code or product or manipulate the Content in any way that affects any user's experience. While using the Website you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section.

You may not (and you expressly agree that you will not) do any of the following, which violate these Terms of Use:

  • Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Website:

  • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.

  • Any material that would give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."

  • Any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

  • Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.

  • Any material, non-public information about a company without the proper authorization to do so.

  •  Use the Website for any fraudulent or unlawful purpose.

  •  Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Website.

  •  Impersonate any person or entity, including without limitation any representative of Company or an Affiliated Entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.

  •  Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.

  •  Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).

  •  Use the Website to advertise or offer to sell or buy any goods or services for any business purpose, without Company's express prior written consent.

  •  Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.

  •  Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.

  •  Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.

  •  Frame or mirror any part of the Website without Company's express prior written consent.

  •  Create a database by systematically downloading and storing Website Content.

  •  Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Website Content or reproduce or circumvent the navigational structure or presentation of the Website.

Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website, and paying all charges related thereto.

Accuracy of Information You Submit

You may be permitted to or asked to submit information to the Website. You expressly represent and warrant: (a) that you have the authority to provide Company with all such information; (b) that all such information may be used by Company for the purposes intended; (c) that all such information shall be true, accurate, and complete; and (d) that you will maintain and update such information as needed, such that the information remains true, accurate and complete. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your access to or use of the Website.

Privacy

Company takes the privacy of your personally identifiable information very seriously. Company only collects personally identifiable information that you voluntarily submit through the Website. Personally identifiable information may include information such as your name, postal address, date of birth and/or e-mail address, as well as other information such as survey responses. Company does not automatically collect personally identifiable information without your knowledge. Your submission of personally identifiable information through the Website is governed by Company's Privacy Policy, which is located at www.modernlyeverafter.com. These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.

 

Disclaimer

While Company makes reasonable efforts to provide accurate Content through the Website, Company cannot guarantee accuracy. All Content, Submissions and Third Party Content are used by users at their own risk. THE WEBSITE, INCLUDING ALL SERVICES, CONTENT, SUBMISSIONS AND THIRD PARTY CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN "AS IS" AND BASIS. COMPANY AND THE AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT ON THE WEBSITE. FURTHER, COMPANY AND THE AFFILIATED ENTITIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. COMPANY AND THE AFFILIATED ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING APPLIES TO ANY INFORMATION IN ANY WEBSITES HYPERLINKED TO THE WEBSITE.

IN NO EVENT WILL COMPANY OR ANY AFFILIATED ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER COMPANY NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT POSTED ON THE WEBSITE BY COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF COMPANY AND ANY AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE WEBSITE.

 

Contact Us; Questions 

Should you have any questions regarding these Terms of Use, please submit them through info@modernlyeverafter.com.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an e-mail to info@modernlyeverafter.com. You may also contact us by writing to:

Modernly Ever After, LLC

907 Westwood Blvd, Suite 266

Los Angeles, CA 90024