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MyRegistry LLC Terms of Sale Agreement
This Terms of Sale Agreement sets forth the policies and practices of MyRegistry 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
1. General Rules and Definitions
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 third party.
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. Access and Availability of Service and Links
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 or liability.
3. Representations and Warranties
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. Registration and Security
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 card information.
5. Fees and Services
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 provider.
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. Use of Site Materials; Communications
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, noncommercial purposes.
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. Disclaimer of Warranties and Liability
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.
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.
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 available.
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 following address:
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 in effect.
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 either party.
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
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