TERMS OF SERVICE
This website is operated by Dada Media, Inc, operating as David Tutera Bridal. Throughout the site, the terms “we,” “us” and “our” refer to David Tutera, David Tutera Bridal and Dada Media, Inc. We offer this website, including all information, products, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, contributors of content and/ or anyone else who may access this site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY RIGHTS
Except as otherwise noted, any and all text, images, designs, marks, and other content of this website ("Content”) is copyrighted, trademarked, protected by trade dress, or otherwise proprietary to us. We authorize you to view the Content, and download and print the Content, other than music, for your own personal and noncommercial use. You may not modify the Content or remove any copyright, trademark, or other proprietary notices from the Content. Any displays or printouts of the Content must be marked "© 2019 David Tutera Bridal. All rights reserved.” By your use of the website, you represent and warrant that your use of the Content will be consistent with this license and that you will not infringe or violate the rights of any other party, including us, or breach any contract with or legal duty to any other party. We reserve all rights not expressly granted herein.
If you believe that any item of the Content has been copied and is accessible on this website in a way that constitutes copyright infringement or the infringement of any other intellectual property rights, please notify us at the e-mail address below as soon as possible so that we may act promptly and appropriately.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While we make every effort to have accurate, complete and current information available on this website, we are not responsible if information made available on this site is not. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Bridal gowns specifically customized to an individual’s measurements cannot be returned or exchanged; all sales are final.
Although we use reasonable efforts to provide accurate and complete information on this website, information about products or their availability or prices may be inaccurate, incomplete or out of date. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. Based on variations in computer monitors and other computer hardware, colors and other attributes of the products may not be displayed accurately.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
From time to time, the website may contain links to third party websites, which are not under our control. Also, links to our website may be featured on other websites. These links are provided for convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with a linked site or a host site by us.
We are not responsible for the contents of any linked site or host site and does not warrant, represent, or assume responsibility or liability for the accuracy, security, completeness or operation of any linked site or host site or any information or other materials downloaded from or contained on or in any linked site or host site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
Please be aware that partners, service providers, advertisers, and websites that link to our website may collect personally identifiable information about you. The privacy and data collection policies of these third parties are independent of our policies and we assume no responsibility or liability for the privacy or data collection policies of such parties. We encourage you to read the privacy policies and user terms whenever interacting with, and prior to providing any personally identifiable information to, any other website.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries or product reviews) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - USER INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USER CONDUCT
You warrant and agree that, while using the website and the various services and features offered on or through the website, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the website’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the website; (d) engage in spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the website or the services offered on or through the website, including without limitation any information residing on any server or database connected to the website or the services offered on or through the website; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the website or the services made available on or through the website in any manner with the intent to interrupt, damage, disable, overburden, or impair the website or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (g) use the website or the website’s services or features in violation of Dada Media, Inc, David Tutera Bridal’s or any third party's intellectual property or other proprietary or legal rights; or (h) use the website or the website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the website or the website’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the website.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The website, its Content, and any information available on or through the website are provided "as is” and "as available” and without any representations or warranties of any kind, to the fullest extent permitted pursuant to applicable laws. We expressly disclaim any and all representations and warranties with respect to the website and its Content, whether express, implied, or statutory, including warranties of title, merchantability, fitness for a particular purpose, and non-infringement of any intellectual property or other proprietary rights. You agree that the terms of this agreement shall not be altered due to custom or usage or due to the parties’ course of dealing or performance under these Terms of Service. Nothing in these Terms of Service shall exclude or limit any liability or warranty which may not be excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of particular liabilities or warranties. In such a jurisdiction, only those exclusions or limitations which are lawful will apply to you and our liability will be limited to the maximum extent permitted by that jurisdiction’s law.
We do not represent or warrant that your use of the website, or the operation or function of the website, any component thereof, or any services offered in connection therewith, will be uninterrupted or error free, that defects therewith will be corrected, or that the website or its server are free of viruses or other harmful elements. In addition, certain information may be provided or updated from a source other than us and we do not assume any liability or responsibility for the accuracy of such information.
Dada Media, Inc, David Tutera Bridal, and its employees, directors, officers, agents, representatives, vendors, and service providers are not liable for any damages, including special, indirect, punitive, or consequential damages of any nature, resulting from any use of or reliance on, the website, the Content, or other materials or information provided on or through the website, including, without limitation, damages for lost profits, loss of goodwill, or loss of data, software or content, or any use of any of the foregoing, even if an authorized representative of Dada Media, Inc, David Tutera Bridal has been advised or should have known of the possibility of such damage.
You acknowledge, by your use of the website, that your use is at your sole risk and that we will not be liable for any damages of any kind related to your use of or inability to use the website. In the event of any problem with this website or the Content, you agree that your sole remedy will be to cease use of the website.
If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of Dada Media, Inc and David Tutera Bridal to you for any type of damages shall be limited to the greater of the actual amount paid by you for any products offered on the website or U.S. $100.00.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dada Media, Inc, David Tutera Bridal and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the use of this website must be filed within one (1) year after such claim or cause of action arises.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Info@DavidTutera.com.