Break The Knot Terms of Service
These Terms of Service (the “Terms”) govern your use of all websites and mobile applications owned or operated by Break the Knot LLC (“BTK” “we” or “us”), including the website located at www.breaktheknot.com the “Site”) and any other websites, applications, interactive features, widgets and resources offered by BTK through Internet websites, mobile devices or other platforms (all of which are collectively referred to as the “BTK Service” or “Service”). Please read these Terms carefully. By using the BTK Service, you affirm that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the BTK Service.
Your use of certain portions of the Service may be subject to additional terms and conditions ("Additional Terms"). Where Additional Terms apply, we will make them available for you to read through your use of that portion of the Service. By using that portion of the Service, you agree to the Additional Terms.
BTK is not a law firm. Using this service does not create an attorney-client relationship. We do not provide legal services and/or advice. The Service may provide contact and/or facilitate access or introductions to attorneys and/or other licensed professionals, including by providing contact information. If you need legal advice for your situation, you should consult a licensed attorney in your area.
1. Your Responsibilities.
As part of the set-up and registration process, you may be asked to select a username and password. BTK may refuse to grant you a username or revoke your username for any reason in its sole discretion, including in the event that we determine that such username impersonates someone else, is illegal, vulgar or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. BTK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
2. Prohibited Activities.
By using this service, you agree not to:
(a) violate any local, state, national or international law or regulation;
(b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
(c) transmit any material that you know to be false, inaccurate, or misleading;
(d) stalk, harass, bully, or harm another individual;
(e) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(f) knowingly transmit any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) defeat or interfere with any security feature of the BTK Service, or attempt to do so;
(h) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(i) interfere with or disrupt the BTK Service or servers or networks connected to the BTK Service, or disobey any requirements, procedures, policies or regulations of networks connected to the BTK Service;
(j) alter or modify any content or component of the BTK Service, other than content you have posted using the BTK Service; or,
(k) use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers” or the like, that access the BTK Service. BTK reserves the right to revoke these exceptions either generally or in specific cases.
3.Ownership of BTK’s Content; Restrictions on Use.
The information contained on this site, including all images, designs, photographs, videos, sounds, graphics, music, writings, graphs, data, interactive features, and other materials (collectively “Contents”) are the property of BTK and are protected by copyrights, trademarks, trade secrets, or other proprietary rights (“Marks”). Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, BTK does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. You agree not to reproduce, copy, download, stream, capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the BTK Service or any portion of the BTK Service, including, without limitation, the Content and the Marks, except as authorized by these Terms or as otherwise intended or authorized by BTK and its applicable licensors.
4. User Submissions.
The BTK Service may enable you to post and share textual comments, photos, videos, clips and/or audio recordings, and other content in publicly accessible portions of the BTK Service (collectively, the “User Submissions”).
When you post or provide BTK with a User Submission, you grant to BTK and its affiliates, partners, representatives, and their successors and assigns, a non-exclusive, fully-paid, royalty-free, transferable, worldwide license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute (including, without limitation, through third-party websites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works and otherwise use and reuse your User Submissions (or any portions or derivative works thereof) in any manner, in any medium now known or hereafter created, for any purpose.
You acknowledge and agree that you have no expectation of confidentiality of any nature with respect to any User Submissions. Because of the viral nature of social media, you should not submit any content to the BTK Service that you do not want to be viewed by others.
BTK reserves the right to display advertisements in connection with, and/or based upon, your User Submissions and otherwise in connection with the BTK Service.
You represent and warrant that: (a) you own all rights in your User Submissions or, alternatively, you have acquired all necessary permissions and rights in your User Submissions to enable you to grant to BTK the rights in your User Submissions described herein; and (b) your User Submissions do not infringe the copyright, trademark, patent or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party.
You acknowledge that BTK does not necessarily pre-screen any User Submissions uploaded by you or other users of the BTK Service but that BTK may pre-screen, or review after initial posting, your User Submissions for a variety of reasons, including, without limitation, for compliance with these Terms. BTK shall have the right in its sole discretion to refuse or remove any User Submissions as well as terminate your access to the BTK Service for any reason or no reason. BTK disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against BTK with respect to such User Submissions.
You agree that BTK and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports or other feedback (“Feedback”), about the Site or the Services including Feedback that you send to BTK or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that BTK has no duties to you (including any duty to compensate you), with respect to such Feedback.
BTK reserves the right, in its sole discretion, to terminate your access to all or part of the BTK Service, for any reason, with or without notice. FURTHER, YOU AGREE THAT BTK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR (OR ANY OTHER PERSON’S) USER SUBMISSIONS OR FEEDBACK OR SUSPENDING OR TERMINATING YOUR (OR ANY OTHER PERSON’S) ACCESS TO THE BTK SERVICE (OR ANY PORTION THEREOF).
7. Modifications to BTK Service.
BTK reserves the right to modify or discontinue the BTK Service with or without notice to you. BTK shall not be liable to you or any third party should BTK exercise its right to modify or discontinue the BTK Service.
The BTK Service may contain links to third party websites, images, videos, gifs, or other Internet resources that are not owned or controlled by BTK (“Third-Party Materials”). BTK’s provision of a link to any other Third-Party Materials is for your convenience only and does not signify BTK’s endorsement of such other website or resource or its contents. BTK SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD-PARTY INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BTK SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY ADVERTISING.
9. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE BTK SERVICE IS AT YOUR SOLE RISK. THE BTK SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BTK AND ITS AFFILIATES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
BTK and its affiliates make no warranties or representations that the Service will meet your requirements or that the results that may be obtained from use of the Service will be accurate or reliable. Further, BTK and its affiliates make no warranties or representations about the availability of the BTK Service, the accuracy or completeness of content available on or through the BTK Service, or the content of any websites linked to the BTK Service. BTK assumes no liability or responsibility for any: (a) errors, mistakes or inaccuracies of content or confidentiality; (b) personal injury or property damage, of any nature whatsoever, resulting from access to or use of the BTK Service or inability to access or use the BTK Service; (c) unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein (including any and all User Submissions); (d) interruption or cessation of transmission to or from the BTK Service; (e) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the BTK Service by any third party; and/or (f) loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the BTK Service.
10. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BTK OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE BTK SERVICE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BTK OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU FOR DAMAGES EXCEEDING THE AMOUNTS PAID BY YOU TO BTK DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY.
You agree to indemnify, defend, and hold harmless BTK, its subsidiaries, affiliates, officers, directors, employees, consultants, and agents (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that they may incur as a result of or arising from: (a) any information (including, without limitation, your User Submissions, Feedback or any other content) you submit, post or transmit on or through the BTK Service or otherwise provide to us; (b) your use of the BTK Service; (c) your violation of these Terms or any Additional Terms; or (d) the violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, by you (or anyone using any of your accounts) or by your User Submissions. If you are a Professional, you also agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all claims relating to or that may be asserted by your clients. BTK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BTK in asserting any available defenses.
12. Minors; Ability to Accept Terms of Service.
The BTK Service is not intended for children under 18 years of age. If you are under 18 years of age, please do not use the BTK Service.
You affirm that you are the applicable age of majority in your jurisdiction of residence or older.
13. Choice of Law; Arbitration.
These Terms, any Additional Terms, and any dispute arising from or relating to these Terms, the Additional Terms or the provision or use of the Service, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of Michigan, without reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The Dispute shall be submitted to an Arbitrator with the American Association of Arbitrators and subject to those rules (the “Arbitration Rules”). The arbitration shall be conducted in Kent County, Michigan before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.
These Terms and any Additional Terms constitute the entire and exclusive and final statement of the agreement between you and BTK, and govern your use of the BTK Service. The failure of BTK to exercise or enforce any right or provision of these Terms or any Additional Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms or any Additional Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties, and the remainder of these Terms and any Additional Terms shall continue in full force and effect. The section titles in these Terms and any Additional Terms are for convenience only and have no legal or contractual effect.
15. Modifications to Terms.
The effective date of these Terms is June 20, 2020.
16. Electronic Communications and Electronic Signatures.
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from BTK solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
1. Questions and Opt-Out.
We will not disclose Personal Information to third parties for their direct marketing purposes without your consent. If, after providing consent, you want to opt out of having your Personal Information disclosed to third parties for their direct marketing purposes, please let us know by sending us an e-mail at email@example.com or by writing to us at Break the Knot LLC, Attn: Privacy, ___________________________________. Please be sure to include your full name, your BTK username, the e-mail address you used to sign up with BTK and your mailing address and specifically state that you do not want your personal information shared with third parties for their direct marketing purposes.
2. Information You Choose To Submit.
When you register to become a member of the Service, we collect certain information about you which may include such information as your name, social security number, e-mail address, home address, phone number, gender, and date of birth as well as information about your children, outstanding legal proceedings, and descriptions of assets. When you make purchases in the Service, we may also collect your credit card and other payment-related information as well. We may also collect other personal information, including, without limitation, any personal information that you provide to us through the Services or in connection with any contests, sweepstakes and/or other promotions (collectively, “Personal Information”). When you post comments or content through the Service, your username and other Personal Information may be included in the message.
3. Information We Automatically Collect.
We may collect information about the device you use to access our Service, including the hardware model, operating system and version, MAC address, unique device identifier (“UDID”), phone number, International Mobile Equipment Identity (“IMEI”) and mobile network information. We may also collect your device location with your consent so that you can use location-based features.
The Service does not respond to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer’s online activities over time. Visit www.donottrack.us to find out more about “do not track.”
4. How We Use Information.
We collect personally identifiable information only for providing the services you request, generating statistical studies, conducting marketing research, improving products and services, sending you surveys, and notifying you of new products and any other changes to our site or services that may affect you. When you submit personally identifiable information to us, you understand that you are agreeing to allow us to access, store, and use that information for those purposes. We may sometimes use other businesses (“Service Providers”) to perform certain services for us, e.g., to provide certain services on our behalf, such as payment processing, hosting and maintenance, data storage and management services, production and fulfillment, and marketing and promotions. We provide our Service Providers with the information reasonably necessary for them to perform the services on our behalf. Each Service Provider must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your information from unauthorized access, destruction, use, modification or disclosure.
The security of your Personal Information is important to us. We use standard security procedures and practices appropriate to the nature of the information in an effort to protect information from unauthorized access, destruction, use, modification or disclosure. We also require our Service Providers to implement and maintain reasonable security procedures and practices appropriate to the nature of the information we share with them. No data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect Personal Information, we cannot and do not guarantee or warrant the security of any information you transmit to or from the Service, and you do so at your own risk.
6. Children's Privacy Statement.
We do not knowingly collect personally identifiable information from children under the age of thirteen (13). If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen (13), we will delete such information from our records. Because we do not knowingly collect any personally identifiable information from children under the age of thirteen (13), we also do not knowingly distribute such information to third parties. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information please contact us at firstname.lastname@example.org. email@example.com.
Effective date: June 20, 2020.