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Terms and Conditions
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Ceremoney LLC’s relationship with you in relation to this website. The term "Ceremoney" or "us" or "we" refers to the owner of the website, a limited liability company registered in the state of Florida. The term "you" refers to the user or viewer of our website. The term "Affiliate" refers to the third party aggregator of merchant commissions we employ to collect and aggregate commission payments.
Use of the Website—By accessing the website, you warrant and represent to Ceremoney that you are legally entitled to do so and to make use of information made available via the website. Use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Trademarks—The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.
Materials—This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited without the express written consent of Ceremoney.
Commissions—Ceremoney will be the "publisher of record" for all Commissions, and will pay a Commission equal to the revenues that Ceremoney receives from Affiliate on account of referrals from your Ceremoney page minus an administrative fee of twenty (20) US Dollars; if the total Commission earned by you is less than twenty (20) US Dollars, you hereby waive your right to receive a payment. This fee may be revised by Ceremoney from time to time upon notice to you. Affiliate may determine, in its sole discretion, that any sale was not a bona fide transaction, and may make a Chargeback claim requesting certain Commissions be cancelled or reversed to reflect the fact that the Affiliate's business never benefitted from the transaction. Chargebacks are communicated to Ceremoney as they occur. Commissions are conditional for a period of ninety (90) days from the applicable sale. Upon expiration of this ninety (90) day period, Chargebacks cannot be claimed by Affiliate and Commissions are unconditional. You may, on dates and at times mutually agreed upon by you and Ceremoney and no more than once in any twelve (12) month period, audit and inspect relevant records of Ceremoney that relate to the calculation or Commissions. You will be liable for all costs and expenses associated with any such audit or inspection. If in the prior twelve (12) month period, Ceremoney has already performed an audit covering the relevant records, Ceremoney may present the result of that audit rather than conduct a new one.
Indemnity—You will indemnify, defend and hold harmless Ceremoney and its officers, directors, shareholders, employees and agents from and against any and all liabilities, losses, damages and expenses (including reasonable attorneys' fees and disbursements) resulting from or based upon (i) any claim that the Webiste infringes or misappropriates any third party intellectual property rights; (ii) your breach of any representations or warranties made by you in this Agreement or of any other obligation of yours set forth in this Agreement, or (iii) any claim by any Customer or other third party arising from our use of the Service or Software, unless due to Ceremoney's negligence or willful misconduct.
Disclaimer of Warranties—THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS." CEREMONEY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SOFTWARE, THE SERVICE, THE WEBSITES ACCESSIBLE THROUGH THE SERVICS, THE OPERATION OF THE SOFTWARE OR THE SERVICE BEING UNINTERRUPTED OR ERROR-FREE, OR OTHERWISE WITH RESPECT TO THIS AGREEMENT. CEREMONEY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OR UNINTERRUPTED OPERATION AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT THAT CEREMONEY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY SUCH WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM REQUIRED BY APPLICABLE LAW.
Limitation of Liability—IN NO EVENT WILL CEREMONEY BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, ANY CUSTOMER) FOR ANY LOST PROFITS OR LOST REVENUE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE SERVICE OR OTHERWISE WITH RESPECT TO THIS AGREEMENT. IN NO EVENT WILL CEREMONEY'S LIABILITY FOR DAMAGES OR ALLEGED DAMAGES UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EXCEED THE COMMISSIONS PAID TO YOU BY CEREMONEY UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM.
External links—External links may be provided for your convenience, but they are beyond the control of Ceremoney and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
Warranties—The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Disclaimer of liability—The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Conflict of terms—If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Severability—Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable laws—Use of this website shall in all respects be governed by the laws of the state of Florida, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Florida courts located in Santa Rosa county, Florida, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.