These Terms and Conditions of Use ("Terms") are entered into by and between you and David's Bridal, Inc., a Florida corporation ("David's Bridal" or "We"). In consideration of your use of and access to the review portion and review features of this website (the "Review Features"), and the promises and obligations herein, and intending to be legally bound, you and David's Bridal hereby agree as follows:
Except as otherwise contained herein, your access to and use of the Review Features is subject to these Terms and the separately posted General Terms and Conditions of Use and Privacy Policy, as well as any modifications to them issued by David's Bridal and all applicable laws and regulations. By using the Review Features, you agree to comply with the Terms and applicable laws and regulations in connection with your use of the Review Features. Please review these Terms so that you understand our practices. If you do not want to be bound by these Terms, please do not use the Review Features.
David's Bridal shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Review Features. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional Terms with respect to the Review Features. You should check these Terms periodically for any modifications. By using the Review Features after we post changes to these Terms, you agree to accept those changes, whether or not you actually reviewed them. No modification to these Terms by any party other than David's Bridal shall be enforceable against David's Bridal unless expressly agreed to by David's Bridal in writing. In the event of any conflict between these Terms and the General Terms, these Terms shall control.
David's Bridal shall also have the right without notice and at any time, for any reason, to discontinue operation of the Review Features or any portion thereof, or any features or services offered through the Review Features, or to terminate your right to access or use the Review Features or any portion thereof or your account, including for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or David's Bridal or its suppliers.
Without limiting the foregoing, or anything contained herein, all software and accompanying documents that you download in connection with your access or use of the Review Features ("Software") are the copyrighted work of David's Bridal and/or its suppliers. Your use of the Software is governed by the terms of the software license agreement applicable to the Software ("License Agreement"). You are not authorized to install or use any Software unless you first agree to the License Agreement terms. All rights, title and interest to the Software not expressly granted are reserved.
You may, from time to time, submit text, images, photographs, graphics, logos, illustrations, descriptions, data, and any other material to this website in connection with your use of the Review Features (the "Content"). You may not post on or transmit through the Review Features any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable Content of any kind, including but not limited to any Content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. If we are notified of any such Content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Review Features. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Review Features or our business; or (iii) to protect the rights or property of David's Bridal, its suppliers, you or other users of the Review Features or this website.
You may upload to or otherwise submit to the Review Features only such Content (a) that is not subject to any copyright of a third party or other proprietary rights restrictions, unless the owner or licensor thereof has given David's Bridal express written authorization for David's Bridal to display and distribute such Content at this website and over the Internet and to exercise the rights with respect to such Content that are set forth in the next succeeding paragraph; and (b) that does not contain any material that may damage, interfere with, intercept or expropriate any system, data or personal information. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission of copyrighted or other proprietary Content is illegal and could subject you to civil and criminal liability. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of any material prohibited by these Terms.
Except with the express prior written consent of David's Bridal, you are strictly prohibited from posting any Content (i) if you are a vendor to David's Bridal or are a subsidiary, affiliate, employee, agent, officer, director or any representative of a vendor to David's Bridal; or (ii) for which you have received payment or remuneration of any kind whatsoever in connection with your submission of such Content.
Except as otherwise expressly provided herein, in the General Terms of Use or in the Privacy policy, any communication or material you transmit to the Review Features by electronic mail or otherwise, including any photos, videos, stories, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by David's Bridal, its vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, David's Bridal, David's Bridal's suppliers, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this website for any purpose whatsoever, including in connection with your access and use of the Review Features, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
You agree to defend, indemnify, and hold harmless David's Bridal, David's Bridal's suppliers and vendors, and their respective affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Review Features and any service provided to you arising out of or relating to your use of the Review Features. The foregoing indemnification obligation shall survive termination of these Terms or the discontinuation of the Review Feature.
David's Bridal makes no guaranties or warranties, express or implied, including, without limitation, any and all warranties concerning the reliability, accuracy or completeness of any the Review Features or any Content posted through the Review Features. David's Bridal disclaims on behalf of itself and each its subsidiaries and affiliates, and each of their respective employees, agents, officers, directors and representatives, any and all responsibility for any loss, injury, claim, liability, penalty or damage of any kind whatsoever resulting from, arising out of or in any way related to the Review Features or any Content posted through the Review Features.
If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Service, or items advertised on the Service, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Service. In order for us to investigate your claim of infringement, you must provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed;
A description of where the material that you claim is infringing is located or identified on the Service; Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to David's Bridal's agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
Copyright Agent
David's Bridal, Inc.
1001 Washington Street
Conshohocken, PA 19428
610.943.5000