Effective January 2023:
Welcome to My Quinceanera LLC! These Terms of Use outline the agreement between you and My Quinceanera LLC regarding your use of our services, including the HoustonQuinceanera.com website, mobile web pages, and associated mobile applications (collectively referred to as the "Services"). By accessing or using our Services, you agree to abide by these Terms and our Privacy Policy. If you disagree with any part of these terms, please refrain from using our Services.
- Acceptance and Agreement on Terms
Using our Services signifies your acceptance of these Terms and our Privacy Policy. These Terms supersede any prior agreements between you and My Quinceanera LLC and affiliates. Additional terms may apply to specific features or products within the Services. Please review all applicable rules and policies before participating in any promotions or using specific features.
We reserve the right to modify these Terms at any time. Your continued use of the Services after any modifications indicates your acceptance of the updated Terms.
2. Users and Services
Our Services provide a platform for individuals and businesses involved in the Quinceanera and Wedding industry. Users of our Services include individual members (such as prospective quinceaneras, families of the quinceaneras, padriños, event guests, etc. and businesses offering products and services related to quinceaneras (referred to collectively as "Users").
a. Members
While we employ techniques to verify the identity of businesses listed on our platform, we cannot guarantee their identity or the quality of their services. We encourage you to conduct your own research before engaging with any vendors listed on our platform.
b. Vendors
Vendors using our Services must accurately represent their businesses and comply with applicable laws. We do not endorse individual vendors or guarantee agreements between vendors and members.
c. Vendor Responsibilities
By advertising on the site, advertisers agree to the following terms:
- Advertisers are solely responsible for any information they post on the site.
- Advertisers grant HoustonQuinceanera.com a limited license to display their posted information, including text, images, or other copyrighted material.
- Advertisers must not post any copyrighted, patented, trademarked, or confidential material that they do not own, and they accept responsibility for any copyrighted material in their ads.
- Information posted by advertisers on the site is no longer considered confidential, and HoustonQuinceanera.com and its affiliates have the irrevocable right to use it for any purpose without approval.
d. Vendor Conduct Guidelines
Advertisers agree NOT to engage in the following activities:
- Posting advertisements in inappropriate categories.
- Posting harassing, defamatory, vulgar, obscene, or racially objectionable content.
- Posting ads for products or services prohibited by law.
- Infringing on the intellectual property rights of others.
- Marking competitors' ads as spam or fraud.
- Violating anti-discrimination laws.
- Posting unauthorized links to commercial services or websites.
- Advertising the sale or use of prohibited weapons.
3. Visitor Guidelines
Visitors to the site agree to the following:
- HoustonQuinceanera.com acts as a directory and does not endorse advertisers.
- Visitors must not attempt to access non-public areas or share passwords.
- Visitors must not attempt to reverse engineer or modify the site's software.
- HoustonQuinceanera.com moderates listings but is not responsible for products or services offered.
4. General Conduct Guidelines for All Visitors
All visitors to HoustonQuinceanera.com agree not to:
- Solicit advertisers for unauthorized purposes.
- Use automated devices without authorization.
- Discriminate against others.
- Attempt unauthorized access to the site.
5. Moderation
HoustonQuinceanera.com reserves the right to moderate the site and take action against violators, including blocking or deleting content and terminating accounts. Users must not attempt to bypass moderation measures.
6. Neutrality
We serve as a neutral platform connecting Users for exploration and transactions. We do not control the quality or legality of transactions on our platform, or derived from, and are not liable for any actions or inactions of our Users.
7. Nondiscrimination Policy
We prohibit discrimination based on various characteristics and reserve the right to suspend Users who violate this policy.
8. Jurisdiction and Location
Our Services are operated from the United States, and we make no representations regarding their suitability or legality in other jurisdictions. Users are responsible for complying with local laws when accessing our Services from other locations.
9. Accounts, Passwords, and Security
Users may be required to register and create accounts to access certain features of the Services. Users are responsible for maintaining the security of their accounts and must not share their login credentials.
10. Privacy
Your use of the Services is subject to our Privacy Policy, which outlines how we handle your information. By using our Services, you consent to the collection and use of your information as described in the Privacy Policy.
11. Rules for Using the Services
Users must comply with all applicable laws and our Terms when using the Services. Specific rules apply to both Users and Vendors, including prohibitions on fraudulent activities and abusive behavior.
12. Protection of Intellectual Property
The content on our Services is protected by intellectual property laws. Users may only use the content for personal, non-commercial purposes and must not infringe on our intellectual property rights.
13. Content Submitted by Users
Users are responsible for any content they submit to our platform. We reserve the right to moderate or remove any content that violates our Terms or is otherwise inappropriate.
14. Our License to Submitted Content
By submitting content to our platform, Users grant us a license to use, distribute, and display that content for any purpose related to our Services.
15. Rules Regarding Submitting Content
Users must not submit inaccurate or harmful content to our platform. We reserve the right to moderate or remove any content that violates our Terms.
16. Tools & Changes to Services
We offer various tools and features on our platform, but we are not responsible for their availability or effectiveness. We reserve the right to modify or discontinue any features at any time without notice. We are not liable for any data loss resulting from the use of our platform or its tools.
17. Text Messaging
By utilizing the Services, you consent to the possibility of receiving text (SMS) messages from us or our representatives at the phone number you have provided. These messages may encompass operational notifications regarding your usage of the Services, as well as marketing or promotional messages. Your utilization of the Services may be contingent upon your agreement to receive operational text messages. Additionally, other Users of the Services may send you text messages through the platform.
You retain the option to opt out of receiving marketing text messages at any time by texting STOP in response to any message from us or by sending an email to Advertising@HoustonQuinceanera.com, specifying your desire to cease receiving marketing texts along with the phone number associated with the mobile device receiving the messages. Following your opt-out request, you may still receive text messages for a brief period while we process your request, and you might also receive confirmation texts acknowledging the receipt of your opt-out request. If you prefer not to receive operational text messages from us, refrain from using the Services. Text messages may be dispatched using an automated telephone dialing system. Your consent to receive marketing texts is not a prerequisite for any purchase or use of the Services. It is your responsibility to update your account information if you change or deactivate the phone number provided to us, to prevent inadvertent communication with anyone who obtains your old number. Standard data and message rates may be applicable for SMS and MMS notifications, regardless of whether you initiate or receive such messages. For further details, please consult your mobile network operator.
18. Disclaimers of Warranties
The Services provided are intended solely for entertainment, educational, and promotional purposes. My Quinceanera LLC and its affiliates, including parents, subsidiaries, and other related entities, as well as their directors, officers, shareholders, employees, consultants, partners, agents, and other representatives (referred to as the "Limited Parties"), are not providers of healthcare or telehealth services. The Services do not constitute counseling, therapy, or offer health, medical, or legal advice. Your use of the Services is acknowledged to be at your own risk.
While the Services facilitate user communication, we do not monitor such interactions and do not partake in transactions or interactions between users, whether online or offline. Furthermore, we do not guarantee the licensure, qualifications, insurance coverage, or competence of any vendor. We make no representations or warranties regarding the expertise, professional qualifications, or quality of work of any vendor, nor the suitability, reliability, or accuracy of the products and services they provide.
The Services, including any content provided, displayed, or generated through them, or any products or services obtained via the Services, are provided on an "as is" and "as available" basis, without warranty of any kind, whether express or implied. This means that we make no assurances that:
- The Services will be available at any specific time.
- The Services will meet particular requirements or yield specific outcomes.
- Information on the Services will be accurate or current.
- The Services or transmitted/stored information will be secure from unauthorized access.
- Information and content stored in your account will remain retrievable and uncorrupted.
- The Services will be uninterrupted, error-free, virus-free, or free of other harmful components, or that defects will be rectified.
While we endeavor to ensure the accuracy and timeliness of information on the Services, we reserve the right to amend or correct any information, including pricing, at any time. We do not guarantee the correctness, timeliness, precision, thoroughness, or completeness of any information available on the Services, and we are not liable for any inaccuracies or omissions in such information. No advice, results, or information, whether oral or written, obtained from us or through the Services, creates any warranty not expressly stated herein. Although we strive to ensure availability, price, and quality of items sold through the Services, unforeseen circumstances may necessitate modifications, and products and services may slightly vary in color and size.
Certain jurisdictions, including New Jersey, may have laws that apply to the Services, prohibiting certain provisions such as limitations of liability and exclusion of warranties, among others. If any provision herein is specifically prohibited by applicable law, it may not apply to you.
19. Limited Liability
In no event shall we or any of our Limited Parties be liable to you or any other party for direct or indirect damages, lost profits, special, incidental, or consequential damages, or damages of any kind arising directly or indirectly from the use of or inability to use the Services, use of coupons, or reliance on information contained on the Services, whether in breach of warranty or contract, negligence, or other action, regardless of the failure of any remedy's essential purpose. Our liability and that of the Limited Parties to you or any third parties, in any circumstance, are limited to the lesser of the fees you paid to us in the twelve months prior to the liability-causing action or $100, notwithstanding any remedy's failure of essential purpose.
You are solely responsible for your interactions with other Users, and we are not liable for any disputes arising between you and other Users. We reserve the right, without obligation, to monitor disputes between you and other Users. Any communications, verbal or written, warranties, or representations regarding products and services offered by Users through the Services are solely between the Users and not provided by us. We have no liability for your interactions with other Users or for any User's actions or inactions.
You agree to release the Limited Parties and My Quinceanera LLC from all claims, demands, and damages, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from disputes between you and third parties or related to goods, services, or events involving third parties.
For jurisdictions that do not permit limitations of liability for gross negligence, this limitation of liability does not apply to willful, wanton, intentional, reckless misconduct, or gross negligence by the company.
20. Indemnity
You agree to indemnify, defend, and hold My Quinceanera LLC and the Limited Parties harmless from any claim or demand, including reasonable attorneys' fees, arising in whole or in part from your use of the Services, including but not limited to (i) your advertising, provision, or failure to pay for goods or services promoted on the Services; (ii) claims that your submitted content includes unauthorized third-party materials, is defamatory or harassing, or violates the rights of any third party; or (iii) your breach of these Terms or applicable law, whether by you or by someone accessing the Services through your account. We reserve the right, at our expense, to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with us in defending such claims. These indemnification, defense, and hold harmless obligations persist beyond these Terms and the termination of your use of the Services.
21. Suspension or Termination of Access and Remedies
We retain the right to deny, suspend, or terminate your access to the Services, or any features or portions thereof, and to delete any content or materials you have submitted, at any time, for any reason or no reason, and without prior notice. Reasons for rejection or removal of your participation may include, but are not limited to, violations of the Terms, creation or management of multiple accounts, failure to fully pay fees, attempts to influence feedback improperly, unethical conduct, or inappropriate communications with other Users.
If we suspend or terminate your access to the Services, you remain bound by the Terms in effect as of the date of suspension or termination. You agree that no refund or exchange will be provided for any unused subscription time, license or subscription fees, account content or data, or any other items unless otherwise stated in applicable terms.
For Vendors, after termination of our relationship, we reserve the right to retain and display associated reviews and basic directory information on the Services.
Remedies for Terms violations include immediate termination of membership, notification to Users, issuing warnings, suspending membership, seeking monetary compensation, and seeking injunctive relief.
22. Governing Law; Venue and Jurisdiction
By using the Services, you consent to the application of Texas state laws, without regard to conflict of laws principles, to govern these Terms and any disputes between you and us or our affiliates. You agree to initiate any disputes or claims, other than those subject to arbitration, exclusively in the state and federal courts of Texas, and you waive all defenses of lack of personal jurisdiction and forum non conveniens regarding venue and jurisdiction in Texas courts.
23. Links to Other Websites
The Services may include hyperlinks to other websites or to third-party vendors offering products and services. These links are provided solely for your convenience. Accessing such links is at your own risk. We do not endorse the content of any linked sites or the products/services they offer. We do not guarantee the availability or accuracy of the content on these sites. When visiting a linked site, we recommend reviewing its terms of use and privacy policy.
24. Disclaimer Regarding Medical Advice
The Services are not intended to provide guidance in emergency situations. In case of a medical emergency, please call 911 or your local emergency medical service immediately. The Services do not constitute medical practice or offer personalized medical advice. Using the Services does not establish a doctor-patient relationship or provide treatment. For medical queries or concerns, it is strongly advised to consult a qualified healthcare professional. The Services are for general personal and educational use only and should not replace professional medical consultations or treatments. Any reliance on the content, techniques, ideas, or suggestions accessed through the Services is at your own discretion and risk. If you have health-related questions, concerns, or symptoms, do not delay seeking medical attention from a healthcare provider. Users are fully responsible for their use of the Services, materials, and information provided. My Quinceanera LLC and its Representatives are not liable for any claims, losses, or damages resulting from such use, except as mandated by law.
25. General Provisions
Statute of Limitations: Regardless of any conflicting laws, any claims related to the use of the Services or these Terms must be filed within one year after the claim arises or be permanently barred.
Section Headings: Headings used herein are for convenience and carry no legal weight.
Changes: We reserve the right to modify our Services, product/service offerings, and tools at any time, for any reason, including compliance with laws or regulations. We are not liable for any resulting modifications, suspensions, or discontinuations.
No Agency: Your use of the Services does not establish any contractual, agency, partnership, employment, or franchise relationship with us. You have no authority to bind us in any manner.
Electronic Communications: Communications between you and us via the Services are electronic. By using the Services, you consent to receive electronic communications from us, satisfying any legal requirements as if in writing.
No Third-Party Beneficiaries: The Terms do not benefit any third party and may only be invoked or enforced by you or us. No Assignment: The Terms are personal and non-transferable.
No Modification by Trade Usage/Prior Course of Dealing: The Terms cannot be modified by any trade usage or prior dealings not expressly part of the Terms.
Failure to Enforce: Our failure to enforce any provision of the Terms does not waive our rights to enforce it later.
Unenforceability: If any provision of the Terms is found to be unlawful or unenforceable, the remaining provisions will remain valid and enforceable.
Prevailing Terms: In case of conflict between the Terms and any other document expressly incorporated into them, the Terms shall prevail unless stated otherwise.
Entire Agreement: These Terms, along with any additional terms and conditions referenced herein, constitute the entire agreement between us and you regarding the Services.
Thank you for using My Quinceanera!
If you have any questions or concerns about these Terms, please contact us at Advertising@HoustonQuinceanera.com.
