This Terms of Sale Agreement sets forth the policies and practices
of My Life Registry LLC ("MyRegistry") in connection with the World Wide Web site
located at www.myregistry.com (the "Site"). This Terms of Sale Agreement addresses
MyRegistry’s practices regarding information and activity collected directly through
or from the Site - it does not address or govern any information gathering, use,
or dissemination practices related to information collected other than directly
through or from the Site, including, without limitation, from or via telephone,
facsimile, postal mail, personal delivery, or other offline means or media. MyRegistry
can be contacted by mail at 2050 Center Ave, Suite 100, Fort Lee, NJ 07024,
or by e-mail at email@example.com
1.1. You represent that you have read and understand this Terms of
Sale Agreement, and you agree to abide by and be bound legally by all of the terms
and conditions of this Online Agreement (the "Agreement") between you and MyRegistry.
The Web Site Terms and Conditions, a copy of which can be found at
, are incorporated herein and a part hereof by reference.
1.2. MyRegistry hereby grants you a limited license to use the Site Materials (as
such term is defined in the Web Site Terms and Conditions) to create and maintain
a personal, small business, organization or non-for-profit registry on the MyRegistry
Web site at www.myregistry.com (the "Membership") subject to this Agreement. No
other use of the Site Materials is authorized. The availability of the Site and
Site Materials for the purposes of your Membership (the “Service”) shall be determined
solely by MyRegistry.
1.3. Except for the limited license granted above, MyRegistry reserves any and all,
and you shall have and exercise no, right, title, or interest in or to any Site
Materials or the Service and nothing contained herein shall be construed as conferring
to you in any manner, whether by implication, estoppel or otherwise, any license,
title, or ownership of or to any intellectual property right of MyRegistry or any
1.4. MyRegistry reserves the right at any time to modify, alter, or update this
Agreement. Notice of any new or revised provisions, as well as the location of the
revised Agreement, will be posted on the Site for at least 60 days after the change.
It is the obligation of users visiting the Site before the change to learn of changes
to the Agreement since their last visit. Any change to this Agreement shall be effective
as to any visitor who has visited the Site before the change was made.
1.5. If any modification, alteration, or update to the Agreement by MyRegistry is
not acceptable to you, your sole and exclusive remedy shall be to terminate your
Membership in accordance with Section 7.
1.6 MyRegistry does not make any commitment to – and may or may not – review any
postings or provisions of information, photographs, questions, and/or other materials
posted or provided to or via this Site, and MyRegistry is not a publisher of any
information or other Site Materials merely by permitting it or them to appear on
the Site. MyRegistry and its affiliates may remove any Site Materials or any posting
from the Site for any or no reason, in their sole discretion.
2.1. In connection with your Membership or your use of the Service,
you may have the ability to identify certain third parties as suppliers of, or owners
or operators of Web sites from which are available, products or services you choose
to list in your registry on the Site. MyRegistry reserves the right, exercisable
in its sole discretion, with or without notice to you, to redirect users to or otherwise
identify or designate other parties or Web sites from which MyRegistry believes
such products or services (or products or services similar thereto, as determined
by MyRegistry in its sole discretion) may be available.
2.2. All deals, prices, coupons and promotions on the Site are subject to change
without notice. Certain promotions are created by retailers or other third parties
and may change or be discontinued at any time. Without limiting anything else, MyRegistry
assumes no responsibility for changes or discontinuances implemented by any retailer
or other third party.
2.3. MyRegistry may change, suspend or discontinue any aspect of the Service at
any time, for any or no reason, including the availability of any Service feature
or content. MyRegistry may also impose limits on certain features and services or
restrict your access to parts or all of the Site or Site Materials without notice
NEITHER MYREGISTRY NOR ITS AFFILIATES REPRESENTS OR ENDORSES
THE ACCURACY OR RELIABILITY OF ANY OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED
OR DISTRIBUTED THROUGH THE SITE OR SERVICE BY ANY USER, INFORMATION PROVIDER OR
ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION,
STATEMENT OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK.
4.1. In order to sign up to use the Service, you will be required
to select a password to be used in conjunction with your e-mail address. You will
be required to give us certain registration information, all of which must be accurate
and updated by you. You may not (a) use an account of another person with the intent
to impersonate that person; or (b) use an account to which another person has rights
without such person's authorization. You will be solely responsible for all communications
made through the Site using your user name and password. You shall be responsible
for maintaining the confidentiality of your password.
4.2. You shall immediately notify MyRegistry of any known or suspected unauthorized
use(s) of your account, or any known or suspected breach of security, including
but not limited to loss, theft, or unauthorized disclosure of your password or credit
5.1. Membership and usage of MyRegistry.com is completely FREE. However,
you will be responsible to pay any fees for goods or services that you choose to
purchase on the site from either MyRegistry or from any third party vendor or service
5.2. The Cash Gift Service is an optional feature offered as a convenience to MyRegistry
members and customers through PayPal. Members who choose to open one or more Cash
Gift Funds will receive their cash gifts minus standard fees charged by PayPal for
each transaction. Although PayPal is a secure method of transferring funds, any
reliance upon PayPal’s service and products is at Customer’s risk, and MyRegistry
shall not be responsible to customer or any third party for any liability arising
from or related to the use of the PayPal service and its products. To comply with
PayPal’s stringent security measures, MyRegistry.com will hold monies contributed
to all Cash Gift Funds for five business days. MyRegistry.com reserves the right
to freeze or close any account suspected of fraudulent activities or connected to
terror or money laundering activity. Accounts may be frozen at the sole discretion
of MyRegistry.com or PayPal until a review has been conducted and the validity of
the account is confirmed.
5.3 Members classified as Not-for-Profits using the Cash Gift Service will be required
to opt in and agree to MyRegistry collecting a 5% handling fee from contributions
given through the not-for-profit’s gift registry Cash Gift Service. The handling
fee assessed on Contributors to Cash Gift Funds for not-for-profits will be waived,
and they will not be charged when making contributions.
6.1. As a Member, you shall not publish, broadcast, retransmit, or
otherwise reproduce any Site Materials in any medium, except that you may utilize
any of MyRegistry’s offered applications and functionalities to display your gift
list on social network, personal, or organization websites and you may transmit
the personalized messages offered through the Service by electronic mail for personal,
6.2. In connection with your Membership and your use of the Services, including
your alerting others to your registry, you hereby authorize and consent to MyRegistry’s
preparation of e-mails and other communications that appear to come from you.
7.1. You may terminate your Membership at any time by (a) sending
an email which clearly indicates your request to terminate to firstname.lastname@example.org
or (b) Logging in to your account, clicking on the My Account link and selecting
the Deactivate MyRegistry.
7.2. MyRegistry may terminate your Membership and this Agreement at any time, with
or without notice to you. That said, MyRegistry will undertake efforts to try to
notify you of any termination of your Membership and this Agreement by it.
8.1. THE SERVICE AND YOUR MEMBERSHIP ARE MADE AVAILABLE "AS
IS" AND "WITH ALL FAULTS." USE OF THE SERVICE AND YOUR MEMBERSHIP IS ENTIRELY AT
YOUR OWN RISK.
8.2. MYREGISTRY MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, WITH RESPECT TO THE SERVICE AND YOUR MEMBERSHIP, EXPRESS OR IMPLIED,
WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF
TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE,
QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, COMPLETENESS, AND EFFORT WITH REGARD TO THE SERVICE AND YOUR
MEMBERSHIP IS WITH YOU. MYREGISTRY SHALL NOT HAVE ANY RESPONSIBILITY OR ASSUME ANY
LIABILITY FOR ANY DATA, INFORMATION, OR MATERIAL UPLOADED TO THE SITE, MADE AVAILABLE
VIA THE SITE, OR TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION,
SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS,
HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE, OR
SITE MATERIALS. MYREGISTRY IS NOT RESPONSIBLE FOR ANY FAILURE OF YOU TO
RECEIVE GIFTS, PRODUCTS, OR SERVICES OR FOR ANY MISTAKES MADE IN SELECTING GIFTS,
PRODUCTS, OR SERVICES FOR YOU.
8.3. NEITHER MYREGISTRY, NOR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES,
CONTRACTORS, AGENTS, OR REPRESENTATIVES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF
ANY KIND WHATEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS,
WHICH MAY OR DO RESULT FROM THE SERVICE OR YOUR MEMBERSHIP, REGARDLESS OF LEGAL
THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR STRICT LIABILITY), WHETHER
OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES,
AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER
NO CIRCUMSTANCES WILL MYREGISTRY HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR
ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SERVICE OR YOUR MEMBERSHIP.
8.4. You agree to defend MyRegistry and its affiliates, directors, officers, employees,
agents, representatives, members, proprietors, partners (including but not limited
to iVillage, Inc. and Advance Magazine Publishers Inc. d/b/a Brides.com Media
shareholders, servants, principals, predecessors, successors, assigns, accountants,
attorneys, and contractors (“MyRegistry Indemnitees”) against all claims, actions,
suits, and other proceedings of third parties arising out of or incurred in connection
with the Service, your Membership, or your use of the Service or your Membership,
or any breach by you of this Agreement (“Membership Claims”) and shall indemnify
and hold MyRegistry Indemnitees harmless from and against all judgments, losses,
obligations, risks, liabilities, damages, costs, settlements, and expenses (including,
but not limited to, reasonable attorneys’ fees and attorneys’ disbursements) arising
out of or incurred in connection with such Membership Claims. You may not settle
any Membership Claim without the prior written consent of MyRegistry.
9.1. This Agreement (including the Web Site Terms and Conditions and
the Privacy Statement) represents the entire agreement between you and MyRegistry
with respect to the subject matter hereof, and supersedes any and all prior and
contemporaneous written and oral representations, understandings, and agreements,
express and implied, and will be governed by and construed in accordance with the
laws of the State of New Jersey without reference to its conflict of law rules;PROVIDED,
HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED
ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION
TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM
STATE LAWS OR THE CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL
NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE
TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.
You consent to the exclusive jurisdiction of the federal and state courts presiding
in New Jersey, U.S.A., and agree to accept service of process by personal delivery
or mail and hereby waive any and all jurisdictional and venue defenses otherwise
9.2. All notices and communications to MyRegistry required or permitted under this
Agreement shall, unless otherwise provided herein, be sent via postal mail to the
2050 Center Ave, Suite 100,
Fort Lee, NJ 07024
Attention: Customer Care
9.3. Failure to insist on strict performance of any of the terms of this Agreement
will not operate as a waiver of any subsequent default or failure of performance.
The waiver or failure of either party to exercise in any respect any right provided
under the Agreement shall not be deemed a waiver of such right in the future or
a waiver of any other rights established under this Agreement.
9.4. If any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of this Agreement shall continue
9.5. No joint venture, partnership, employment, or agency relationship exists between
you and MyRegistry as a result of this Agreement.
9.6. The parties do not intend, nor shall any clause be interpreted, to create under
this Agreement any obligations or benefits to, or rights in, any third party from
9.7. You acknowledge that MyRegistry has no control over its partners, merchants,
and any third party sites which appear or are linked to from the personal registries
on the Site. MyRegistry has no knowledge and makes no representation, warranty,
or guarantee that such partners, merchants, or third parties are compliant with
the Payment Card Industry Data Security Standard and related standards and regulations.
THIS AGREEMENT MAY BE ASSIGNED BY MYREGISTRY, WITH OR WITHOUT NOTICE. NEITHER THIS
AGREEMENT, NOR ANY RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT, MAY BE ASSIGNED,
DELEGATED, TRANSFERRED, OR MADE THE SUBJECT OF A SECURITY INTEREST OR OTHERWISE
ENCUMBERED, IN WHOLE OR IN PART, BY YOU WITHOUT THE PRIOR WRITTEN CONSENT OF MYREGISTRY.
ANY ASSIGNMENT IN VIOLATION OF THIS SECTION SHALL BE VOID.
This Terms of Sale Agreement is effective May 3, 2006
Last Updated: 09/15/2011