Terms of Service

These Terms of Service are a contract between you and Pingala Media. Pingala Media Ltd operates www.bigwhitefrock.com and www.bigwhitefrock.co.uk and the wedding website creation services therein (collectively the "Service"). By using the Big White Frock Site you are agreeing to be bound by the following terms and conditions ("Terms of Service").

If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Big White Frock Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE BIG WHITE FROCK SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE SITE AT YOUR OWN RISK.

Your Account

In order to open an "Account" on the Big White Frock Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by Pingala Media during the registration process. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. Pingala Media cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the Big White Frock Site ("Content") and activity that occurs under your Account (even when Content is posted by others who have access to your Account).

License Grants & Restrictions

Pingala Media hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Big White Frock Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Big White Frock Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Big White Frock Site. All rights not expressly granted to you are reserved by Pingala Media. You shall not (i) modify or make derivative works based upon the Big White Frock Site; (ii) reverse engineer or access the Big White Frock Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Big White Frock Site, or (c) copy any features, functions or graphics of the Big White Frock Site. You further acknowledge and agree that, as between the parties, Pingala Media owns all right, title, and interest in and to the Big White Frock Site, including all intellectual property rights therein.

Your Responsibilities

• You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Big White Frock Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
• You shall: (i) notify Big White Frock immediately of any unauthorised use of any password or account or any other known or suspected breach of security; and (ii) report to Big White Frock immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
• You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Big White Frock Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Big White Frock Site itself (collectively, "Equipment"). You shall be responsible for ensuring that such Equipment is compatible with the Big White Frock Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

Impermissible Acts

As a condition to your use of the Big White Frock Site, you agree not to:

• upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
• phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Big White Frock Site;
• upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, email, transmit or otherwise make available any material that contains 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;
• use any manual or automated software, devices, or other processes to "crawl," "spider" or "screen scrape" any web pages contained in the Big White Frock Site;
• reverse engineer, decompile or disassemble any of the software used to provide the Big White Frock Site;
• reproduce, duplicate or copy or exploit any other portion of the Big White Frock Site, without the express written permission of Pingala Media;
• interfere with or disrupt the Big White Frock Site, or any servers or networks connected to the Big White Frock Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Big White Frock Site;
• obtain, collect, store or modify the personal information about other users;
• modify, adapt or hack the Big White Frock Site or falsely imply that some other site is associated with the Big White Frock Site or Pingala Media; or
• use the Big White Frock Site for any illegal or unauthorized purpose. You must not, in the use of the Big White Frock Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

Indemnification

Pingala Media will indemnify all paying accounts against and hold them harmless from: (a) any claim by a third party that any part of the Big White Frock Site or its use, manufacture, sale, distribution, or reproduction infringes or misappropriates any copyrights, trade secrets, patents or other intellectual property; (b) any claim by a third party that this Terms of Service is in conflict, violation or breach of or with any contract, assignment, license, sublicense, security interest, or other obligation to which Pingala Media is a party or has knowledge; (c) any claim relating to any past, present or future use, licensing, sublicensing, distribution, marketing, disclosure or commercialization of any part of the Big White Frock Site by Pingala Media; and (d) any litigation, arbitration, judgments, awards, attorneys' fees, liabilities, settlements, damages, losses and expenses relating to or arising from (a), (b) or (c) above.

Gallery

In the course of using the White Frock Site, you may create certain templates, graphics or form documents and load or post such documents into the Big White Frock Site gallery ("Gallery") for other users. By making such documents available on the Gallery, you hereby grant to Pingala Media a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works and exploit your contribution in connection with Pingala Media's operation of the Big White Frock Site.

Feedback

In the course of using the Big White Frock Site, you may provide Pingala Media with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Big White Frock Site (collectively "Feedback"). You hereby grant Pingala Media a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

Payment, Refunds, Upgrading and Downgrading

A valid credit card/paypal account is required for accounts. The Big White Frock Site is billed in advance on a one off basis in accordance with our pricing schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.

Violation of these Terms of Service

Pingala Media reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Pingala Media may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Pingala Media has no obligation to pre-screen or monitor your access to or use of the Big White Frock Site or any information, materials or other content provided or made available through the Big White Frock Site, but has the right to do so. You hereby agree that Pingala Media may, in the exercise of Pingala media's sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation

You are solely responsible for properly cancelling your account. You can cancel your account at any time by completing the contact us form in the navigation bar at the top of the screen.

Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Pingala media once your account is cancelled. Please be aware that Pingala Media may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.

Termination

Pingala Media, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case Pingala Media may refuse to provide you any current or future use of the Big White Frock Site, or any other Pingala Media Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Pingala media once your account is terminated; however Pingala Media may for a time retain residual information in our backup and/or archival copies of our database.

Pingala Media reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Big White Frock Site and Prices.

Pingala Meida reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Big White Frock Site Site and Service (or any part thereof) with or without notice.

• Prices of all Big White Frock Site are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Big White Frock Site.
• Pingala Media shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Big White Frock Site.
• Pingala Media reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Big White Frock Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Big White Frock Site after any such changes shall constitute your consent to such changes.

Copyright and Content Ownership.

We claim no intellectual property rights over the material you provide to the Big White Frock Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content.

Pingala Media does not pre-screen Content, but Pingala Media and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Big White Frock Site.

Notification of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Pingala Media.

Please provide us with the following Notice:

• Identify the material on the Big White Frock Site that you claim is infringing, with enough detail so that we may locate it on the website;
• A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
• A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
• Your address, telephone number, and email address; and
• Your physical or electronic signature.

Disclaimer of Warranties

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE BIG WHITE FROCK ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. PINGALA MEDIA AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PINGALA MEDIA AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. PINGALA MEDIA DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE BIG WHITE FROCK SITE WILL BE CORRECTED. PINGALA MEDIA AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. PINGALA MEDIA AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON PINGALA MEDIA SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE BIG WHITE FROCK SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE BIG WHITE FROCK SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Technical support is only provided via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PINGALA MEDIA OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR BIG WHITE FROCK SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PINGALA MEDIA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR BIG WHITE FROCK SITE, FROM INABILITY TO USE THE SERVICES OR BIG WHITE FROCK SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR BIG WHITE FROCK SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR BIG WHITE FROCK SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PINGALS MEDIA SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Pingala Media be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

General

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorised representative of Pingala Media.