Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.

Your access to and use of this Web site is subject to the following terms and conditions of use (“Terms of Use”) and all applicable laws.  These Terms of Use apply exclusively to your access to, and use of, this Web site known as www.MyWeddingBinder.com (“My Wedding Binder Website”) which is exclusively owned and operated by Field Five Enterprises, Inc. and do not alter in any way the terms or conditions of any other agreement you may have with Field Five Enterprises, Inc. for products, services or otherwise.  For information on My Wedding Binder Website’s policies relating to purchases made on our Web site, see Terms of Sale.  These Terms of Use may be changed by Field Five Enterprises, Inc. at any time in its sole discretion by posting the changes made to these Terms of Use, as revised, on this Web site.  Your use of this Web site following the posting of such changes to the revised Terms of Use shall constitute your acceptance of any such changes.  If you do not agree to these Terms of Use, our Privacy Statement, Terms and Conditions of Sale, or any other policy governing your access to or use of our Web site you should immediately terminate your access to and use of the Web site.  If you have any question regarding these terms or your access to or use of this Web site, please contact our Customer Service Department

PRIVACY
We respect the privacy of our customers, we encourage you to read our Privacy Statement located at Privacy Policy so that you may make an informed decision about using our Web site.

COPYRIGHT
Unless otherwise indicated, all Web site materials, including, without limitation, the Field Five Enterprises, Inc. and My Wedding Binder’s logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of Field Five Enterprises, Inc. or its licensors.  You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and non-commercial, personal use only.  Any other use of the materials in this Web site—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance—without the prior written permission of Field Five Enterprises, Inc. is strictly prohibited.

ACCESS TO SERVICES
The My Wedding Binder Web site allows you to create a unique user name and password to utilize many of our customized online services. Only individuals authorized by you, who are over the age of 18, may access and use our online services. You may not access the Online Services from outside the country for which it was issued. Your unique user name may be restricted from accessing certain materials otherwise available in the online services. Materials and features may be added to or withdrawn from the online services or otherwise changed without notice and in our sole discretion.

TRADEMARKS
The Field Five Enterprises, Inc. logo, the My Wedding Binder logo and any proprietary service names contained in this Web site are either trademarks or registered trademarks of Field Five Enterprises, Inc. or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Field Five Enterprises, Inc.  In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Field Five Enterprises, Inc., and may not be copied, imitated or used, in whole or in part, without the prior written permission of Field Five Enterprises, Inc.  All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

UPLOADED CONTENT
You may not email, post, reproduce or distribute in any way material protected by copyright, trademark, trade secret or other proprietary rights or which would violate any right of publicity, right of privacy or other right of any third party without first obtaining permission of the owner of such right.  This includes group or individual portraits of people taken by professional photographers.  Photos of people may only be used with the express written permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian).  This includes celebrities and professional athletes, as well as ordinary citizens.  We reserve the right to obtain verification of any permission required prior to our use of such images.

SUBMISSIONS
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to the My Wedding Binder Web site, or postings on this Web site, are not confidential and that Field Five Enterprises, Inc. shall have a perpetual, worldwide, non-exclusive license to use such materials as it deems appropriate.

SERVICES INFORMATION
Services displayed on the Web Site are available for purchase based on the prices displayed on the Web Site. All prices referred to on the Website are in U.S. Dollars and are valid and effective only in the United States as of the date posted. All prices referred to on the Web site are subject to change without notice.

SERVICES AND PRODUCT DESCRIPTIONS
Field Five Enterprises, Inc. and the My Wedding Binder Web site as well as its affiliates always attempt to describe its products and services as accurately as possible. However, Field Five Enterprises, Inc. and the My Wedding Binder Web site as well as its affiliates do not warrant that product and services descriptions or other content on this Web Site are accurate, complete, reliable, current, or error-free. If a product and/or service offered by Field Five Enterprises, Inc. and the My Wedding Binder Website as well as its affiliates itself are not as described, your sole remedy is to either terminate use of the service or return it in its unused condition (whichever is applicable) for a full refund in conformance with the My Wedding Binder Web site or its affiliates refund policy.

TERMS AND CONDITIONS OF SALE:
All sales are subject to Field Five Enterprises, Inc. Terms and Conditions of Sale which can be obtained at Terms of Sale

INAPPROPRIATE IMAGES OR WORDS
Field Five Enterprises, Inc. and the My Wedding Binder Web site reserves the right to remove any text or images uploaded by you that it deems in its sole judgment to be inappropriate or which it believes may subject it to any liability, including without limitation the following:

  • photographs, pictures, images, text or other materials submitted by users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights
  • partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words
  • profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous or offensive
  • any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.

CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If you believe that any material on this Web site infringes upon any copyright that you own or control, or that any link on this Web site directs users to another Web site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement to the email or address stated below.

ONLINE CONDUCT; REPEAT INFRINGER POLICY
You agree to use My Wedding Binder Web site only for lawful purposes.  You are prohibited from posting on or transmitting through My Wedding Binder Web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Field Five Enterprises, Inc. and/or the My Wedding Binder Web site may, at its discretion, terminate the accounts of any registered User who violates this policy.

Field Five Enterprises, Inc. and the My Wedding Binder Web site respect the intellectual property of others, and we ask our registered members to do the same.  Field Five Enterprises, Inc. and/or the My Wedding Binder Web site may, in appropriate circumstances and at its discretion, terminate the account of a registered User who infringes the intellectual property rights of others or who violates this policy.

CONTENT REVIEW
Field Five Enterprises, Inc. may elect to electronically monitor areas of this Web site and may disclose any content, records or electronic communication of any kind to satisfy any law, regulation or government request, if such disclosure is necessary or appropriate to operate this Web site, or to protect the rights or property of Field Five Enterprises, Inc., its independent contractors, affiliates, merchants, service providers, consultants, sponsors, licensors or the public.  Field Five Enterprises, Inc. retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to its users, Field Five Enterprises, Inc. or the rights of any third party, or to violate any applicable law.

USE BY CHILDREN
Field Five Enterprises, Inc. and the My Wedding Binder Web site do not offer services for sale to children under the age of 18 years old.  We sell services for purchase by adults only.  By using this Web site, you are representing to us that you are 18 years of age or older.  Field Five Enterprises, Inc. will not be liable for any damages that may result from misrepresentation of age by a user of our Web site.

INDEMNITY
You agree to defend, indemnify and hold harmless Field Five Enterprises, Inc and/or the My Wedding Binder Web site, its Officers, Directors, shareholders, Managers, it employees, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your use of the My Wedding Binder Web site or the use of any photographs, images or materials you provide, including without limitation any actual or threatened suit, demand, or claim made against Field Five Enterprises, Inc. and/or the My Wedding Binder Web site and/or its independent contractors, service providers, or consultants, that use of the photographs, images or material provided infringes, misappropriates or otherwise violates any copyright, trademark, right of publicity or other proprietary right of any third party.  You agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim.

DISCLAIMER
EXCEPT IF EXPLICITLY STATED IN WRITING OTHERWISE BY FIELD FIVE ENTERPRISES, INC. AND/OR THE MY WEDDING BINDER WEB SITE, THE SERVICES CONTAINED AND SOLD ON THE MY WEDDING BINDER WEB SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  FIELD FIVE ENTERPRISES, INC. AND THE MY WEDDING BINDER WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  FIELD FIVE ENTERPRISES, INC. AND THE MY WEDDING BINDER WEB SITE DOES NOT REPRESENT OR WARRANT THAT MATERIALS AND/OR SERVICES ON THE MY WEDDING BINDER WEB SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT FIELD FIVE ENTERPRISES, INC. AND THE MY WEDDING BINDER WEB SITE PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  FIELD FIVE ENTERPRISES, INC. DOES NOT REPRESENT OR WARRANT THAT THE MY WEDDING BINDERWEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Field Five Enterprises, Inc. reserves the right to change any and all content contained on the My Wedding Binder Web site at any time without notice.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Field Five Enterprises, Inc. and/or the My Wedding Binder Web site.

LIMITATION OF LIABILITY
IN NO EVENT SHALL FIELD FIVE ENTERPRISES, INC. AND/OR THE MY WEDDING BINDER WEB SITE, OR ITS OFFICER(S), DIRECTOR(S), SHAREHOLDER(S) OR EMPLOYEE(S) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS CONTAINED IN OR SEVICES SOLD ON, OR ACCESSED THROUGH, THE MY WEDDING BINDER WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MY WEDDING BINDER WEBSITE AND/OR FIELD FIVE ENTERPRISES, INC, OR THAT RESULTS FROM MISTAKES, OMMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, ACTS OF TERRORISM, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE FIELD FIVE ENTERPRISES INC. AND/OR THE MY WEDDING BINDER WEB SITE RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FIELD FIVE ENTERPRISES INC. AND/OR THE MY WEDDING BINDER WEB SITE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF MY WEDDING BINDER WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FIELD FIVE ENTERPRISES INC. AND/OR THE MY WEDDING BINDER WEB SITE FOR ACCESS TO OR USE OR FOR SERVICES SOLD ON THE MY WEDDING BINDER WEB SITE.
LINKING TO OUR WEB SITE

You are granted a limited, non-exclusive right to create a hyperlink to the My Wedding Binder Web site provided such link does not portray Field Five Enterprises Inc. and/or the My Wedding Binder Web site and/or any of its services and/or materials in a false, misleading, derogatory or otherwise defamatory manner.  This limited right may be revoked at any time.  You may not use, frame or utilize framing techniques to enclose any Field Five Enterprises Inc. and/or My Wedding Binder Website trademark, logo or other proprietary information, including the images found on the My Wedding Binder Web site, the content of any text or the layout/design of any page or form contained on a page without Field Five Enterprises Inc. express written consent.  Furthermore, you may not use any meta tags or any other “hidden text” utilizing a Field Five Enterprises Inc. and/or the My Wedding Binder Website name, trademark or product name without Field Five Enterprises Inc. express written consent.  Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Field Five Enterprises Inc. or any third party.  Field Five Enterprises Inc. makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites linking to the My Wedding Binder Web site.

Third Party LINKS
My Wedding Binder Web site may provide links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information.  Field Five Enterprises Inc. and/or the My Wedding Binder Web site, does not monitor, nor does it have any control over, any Third Party Content.  Field Five Enterprises Inc. and/or the My Wedding Binder Web site does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness.  Field Five Enterprises Inc. and/or the My Wedding Binder Web site makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content.  When leaving the My Wedding Binder Web site, you should be aware that the My Wedding Binder Web site’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.  Users use these links and Third Party Content contained therein at their own risk.

SEVERABILITY AND NONWAIVER
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  The failure of Field Five Enterprises Inc. and/or the My Wedding Binder Web site to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver or relinquishment to any extent of Field Five Enterprises Inc. and/or the My Wedding Binder Web site right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.

APPLICABLE LAW
The internal laws of the State of New York will govern and construe these Terms of Use without giving effect to any conflict of law’s provisions to the contrary.  By use of the My Wedding Binder Web site, you irrevocably consent to the jurisdiction of the courts of the State of New York and agree that all disputes with Field Five Enterprises Inc. and/or the My Wedding Binder Web site venue shall be in the Supreme Court of the State of New York, County of Queens or the United States District Court for the Southern District of New York.  If you access the My Wedding Binder Web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

TERMINATION
Notwithstanding anything to the contrary herein, Field Five Enterprises Inc. and the My Wedding Binder Web site reserve the right, without notice, without the obligation to refund any fees paid by you to utilize the Web site, and in its sole discretion, to terminate your use of this Web site and to block or prevent future access to and use of this Web site.

MISCELLANEOUS
These General Terms and Conditions may be changed from time to time without notice by Field Five Enterprises Inc. in its sole discretion. Continued use of the My Wedding Binder Web site’s online services following any change constitutes acceptance of the change.

Field Five Enterprises Inc. may suspend or discontinue providing online services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.

Except as otherwise provided herein, all notices and other communications hereunder by Field Five Enterprises Inc. shall be in writing or displayed electronically on the and My Wedding Binder web site. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed My Wedding Binder web site; or on the date received, if delivered in any other manner.

The failure of Field Five Enterprises Inc. or any third party supplier of materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

Each third party supplier of materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.

COMMUNICATIONS TO YOU
You agree that Field Five Enterprises Inc. may send electronic mail to you at the email address indicated when you signed up for the service for the purpose of advising you of changes or additions to this Web site, about any of Field Five Enterprises Inc. services, or for such other purpose(s) as Field Five Enterprises Inc. deems appropriate.

QUESTIONS AND CONTACT INFORMATION
General questions or comments about My Wedding Binder Web site may be directed to My Wedding Binder Web site’s Customer Service Department at info@myweddingbinder.com.