TERMS OF SERVICE
Please read the following terms and conditions (“Terms of Service” or the “Agreement”) carefully before using the Services (as defined below) offered by Blueprint Registry, Inc. (“Blueprint”, the “Company”, “we”, “us”, “our”).
These Terms of Service govern your use of www.blueprintregistry.com (the "Site”) and/or the other domains, products, linked pages, features, services, and/or content (including without limitation any mobile or tablet application services) provided by Blueprint (all of those collectively with the Site, the "Services")
By accessing, viewing, or using this Site or the content, material, services or any other item or offering available on or through this Site, you agree that you have read and agree to be bound by and become a party to these Terms of Service, to the exclusion of all other terms. If the terms of this Agreement are considered an offer, acceptance is expressly limited to such terms. If you do not unconditionally agree to all the terms and conditions of this Agreement, you have no right and are not granted permission to use the Site or the Services. Use of the Services is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms. We reserve the right, in our sole discretion, to modify these Terms of Service at any time by posting a notice on the Site or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
Use of the Site and the Services are available only to individuals at least 18 years of age, and to individuals between 13 and 18 years of age who have their parent’s consent to use the Site and to be bound by these Terms of Service. If you are not at least 18 years of age, or if you are between 13 and 18 years of age but do not have your parent’s consent to use the Site and to be bound by these Terms of Service, you are not granted any right or permission to use the Site and you must exit the Site immediately.
All content including works of authorship, information, functional components, software, downloads, upgrades, documentation, service packages, services, material and any other item or offering appearing on, made available via, or contained in this Site (collectively “Content”) are protected by law, including, but not limited to, United States copyright law. Except as explicitly stated in the Site, the entirety of the Site (including, without limitation, design, data, illustrations, graphics, audio, video, photographs, pictures, recordings, drawings, sketches, artwork, images, text, forms, algorithms, and look and feel attributes), and any and all right, title, and interest therein, are exclusively the property of Blueprint (including, without limitation, all copyrights therein) or Blueprint’s affiliates, licensors or suppliers or other respective intellectual property owners. Blueprint owns a copyright in this Site as a collective work and compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Content. Removing or altering any copyright notice or any other proprietary notice on any Content is strictly prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or any Content or any other proprietary information of Blueprint without Blueprint’s advance written consent, is prohibited. You may only use this Site and Content for your personal, non-commercial purposes. Any use of the Site and/or any or all Content, including any commercial use of the Site, Services or Content, in whole or in part, without the prior written consent of Blueprint is prohibited. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Blueprint, its affiliates, partners, licensors, or suppliers or other respective intellectual property owners. Any misuse or other unauthorized use of these trademarks is expressly prohibited and may violate federal and state trademark law.
Third Party Content, Sites, and Services
Blueprint and Content available through the Site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Blueprint, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with companies and/or individuals found on or through the Site or Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations, sites, and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Blueprint may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock, has been mispriced, we suspect the request is fraudulent, or in any other circumstances Blueprint deems appropriate in its sole discretion. Blueprint reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Blueprint will either not charge you or refund the charges for orders that we do not process or cancel.
Blueprint strives to provide accurate descriptions of products and services on the Site. We do not warrant, however, that the descriptions of any products or services provided by any other party are accurate, complete, reliable, current or error-free. If a product or service offered on the Site is not as described, your sole remedy is to return the item, as specified in these Terms of Service. Additionally, Blueprint endeavors to provide accurate pricing information regarding the products and services available on the Site. We do not, however, insure against pricing errors. Blueprint reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Site as a result of an error. If this occurs, Blueprint will notify you by email. Blueprint reserves the right, at its sole discretion, to correct any error in the stated full retail price.
You agree that Blueprint shall not be responsible or liable for any direct, indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever, or any loss of profits, revenue, data, use, good-will or other intangible losses relating to any conduct or content of any third-party to which you are connected or linked through the Site, featured anywhere among the Services, and with whom you enter into any relationship via the Site. If you are subject to any dispute between users, sites, or any third party, you understand and agree that Blueprint is under no obligation to become involved. In the event that you have a dispute with one or more third party, sites, or organizations, you hereby release Blueprint, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in this Agreement, so the limitations above may not apply to you.
Blueprint is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
User Generated Materials
This Site may allow you to directly or indirectly post, select, designate, or provide information, photographs, questions, and other materials to this Site. Blueprint does not guarantee the accuracy or completeness of any postings or other contributions to the Site and is not responsible or liable for any postings or other contributions. By posting, selecting, designating, or providing information, photographs, questions, and/or other materials (“User Materials”), you represent, warrant, and covenant that you have the full legal right to post, select, designate, and/or provide the User Materials and that use of the User Materials by you, Blueprint, and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene or otherwise violate any community or Internet standard; (e) contain any viruses, trojan horses, worms, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (f) result in product liability, tort, breach of contract, personal injury, death, or property damage; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party. Upon your posting, selecting, designating, or providing of User Materials, you grant Blueprint, and Blueprint thereby accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, the User Materials for the purpose of providing the Site and Site products and services and for all other business purposes of Blueprint, all without any compensation to you whatsoever. Further, Blueprint is free to use any ideas, concepts, photographs, methods, know-how, techniques, and processes contained in any User Materials for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information. Blueprint may remove User Materials from the Site for any or no reason, in Blueprint’s sole discretion, with or without notice. Blueprint shall not be responsible for changes, modifications, or removal any User Materials. If you believe that any content or postings on this Site violate your intellectual property or other rights, please contact firstname.lastname@example.org.
Notification of Claims of Infringement
Blueprint respects the intellectual property rights of others. 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 Blueprint, at:email@example.com
or by regular mail:
Attn: Legal, Copyright Agent
500 Yale Ave N, Fl 1
Seattle, WA 98109
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located (iv) information reasonably sufficient that we may contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
Counter-Notice: If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user content, you may send a written counter-notice containing the following information to our designated “copyright agent” at:firstname.lastname@example.org
or by regular mail:
Attn: Legal, Copyright Agent
500 Yale Ave N, Fl 1
Seattle, WA 98109
To be effective, the notice must include: (i) your physical or electronic signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; (iv) and your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within Southern District of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our copyright agent, Blueprint will send a copy of the counter-notice to the original complaining party.
Repeat Infringer Policy: In accordance with the Digital Millenium Copyright Act and other applicable law, Blueprint has adopted a policy of terminating, in appropriate circumstances and at Blueprint’s sole discretion, users who are deemed to be repeat infringers. Blueprint may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Disclaimer of Warranty and Liability
THIS SITE AND THE CONTENT AND ALL PRODUCTS OFFERED OR ADVERTISED BY ANY THIRD-PARTY ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THIS SITE, THE SERVICES, THE CONTENT, AND ANY PRODUCTS FEATURED THEREIN IS ENTIRELY AT YOUR OWN RISK. BLUEPRINT MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE SERVICES, THE CONTENT, THE USER MATERIALS, ANY PRODUCTS SOLD, ADVERTISED, OR FEATURED ON THE SITE, WHETHER 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 SITE AND ANY AND ALL CONTENT AND USER MATERIALS IS WITH YOU. BLUEPRINT 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 CONTENT, OR USER MATERIALS. NEITHER BLUEPRINT, 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 WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE SITE THE CONTENT, THE USER MATERIALS, OR THE USE OF, ACCESS TO, OR INABILITY TO ACCESS OR USE OF THIS SITE THE CONTENT, OR THE USER MATERIALS, 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 THE TOTAL LIABILITY OF BLUEPRINT TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE THE CONTENT, OR THE USER MATERIALS EXCEED THE PRICE PAID BY YOU FOR USE OF THIS SITE.
You agree to defend Blueprint and its affiliates, directors, officers, employees, agents, representatives, members, proprietors, partners, shareholders, servants, principals, predecessors, successors, assigns, accountants, attorneys, and contractors (“Blueprint Indemnitees”) against all claims, actions, suits, and other proceedings of third parties arising out of or incurred in connection with: this Site, the Services, the Content, or the User Materials, including any products or services purchased from or offered by any third-party via the Site; your use of this Site, the Content, the Services, and the User Materials; your fraud, violation of law, or willful misconduct; the acts or omissions of any third party; or, any breach by you of these Terms of Service (collectively, “Claims”) and you agree to indemnify and hold all Blueprint 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 Claims. You may not settle any Claim without the prior written consent of Blueprint.
Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms of Service or otherwise, neither Blueprint nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Changes to the Site and Content
Blueprint endeavors to keep the Site and Content on, in, and through this Site up-to-date. Without limiting anything else in these Terms of Service or otherwise, Blueprint is not responsible for any errors or omissions in the Site or Content. Blueprint may make changes to the Site or Content, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and Blueprint makes no commitment to update the information contained on or in this Site.
Blueprint may terminate this Agreement at any time by notifying you via e-mail or written notification. Blueprint may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Blueprint may immediately terminate or suspend your account if it has been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use the Services, the Content, and any User Material will cease immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Blueprint or any third party.
The Cash Gift Service is a feature offered as a convenience to Blueprint customers. Blueprint 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 Blueprint or third party service provider until a review has been conducted and the validity of the account is confirmed.
To be eligible for the 10% completion discount (the "Discount"), customer must have a registry on blueprintregistry.com that was created 30+ days prior to customer's wedding date. The Discount is valid for 12 months after customer's wedding date. The Discount does not apply toward experience funds, cash funds, honeymoon funds, or gifts imported from third-party sources using the "Add To Blueprint" button; the Discount also does not apply to the purchase of gift cards or store credit. The Discount is not applicable toward past purchases, returned merchandise, or products from Amazon, Anthropologie, Terrain, Sur La Table, Crate & Barrel or CB2. The Discount applies to merchandise only, and may not be used toward shipping, tax, or other fees. The Discount is non-transferrable. Customer may not receive cash/credit back in lieu of the Discount. Blueprint Registry reserves the right to modify or discontinue the Discount at any time. The Discount is void where prohibited by law.
Governing Law and Jurisdiction
Blueprint shall be excused from performance under these Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (i) weather conditions or other elements of nature or acts of God, (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (iii) quarantines or embargoes, (iv) labor strikes, or (v) other causes beyond the reasonable control of Blueprint. In the event that Blueprint is unable to ship a purchased item to you for a prolonged period of time because of such an event, Blueprint will refund of your charges.
This Terms of Service Statement is effective August 31, 2016