Last Updated July 1, 2019
Honeyfund.com, Inc.'s goal is to make extraordinary honeymoons happen via the popular Honeyfund honeymoon registry (gift list) service. The Honeyfund website exists for the purpose of providing a personal wedding registry to engaged and newly married couples. Any use outside of this purpose is prohibited. References to “you” or “your” in this document means you, the individual user accessing our Site (defined below).
Please read these Terms carefully before using this Site. If you do not agree with any of these Terms, do not access or otherwise use the Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below.
You understand and agree that the Site is provided "AS-IS" and that Honeyfund.com, Inc. assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor does Honeyfund.com, Inc. assume any liability for the failure to store or maintain any user communications or personal settings.
Honeyfund.com, Inc. reserves the right, at its discretion, to update or revise these Terms at any time. You acknowledge and agree that you are responsible for checking the Terms periodically for changes. Your continued use of this Site following any such updates or revisions constitutes your acknowledgement and acceptance of the change and agreement to abide and by bound by the updated or revised Terms.
2. Payment Services. Honeyfund.com, Inc. provides several funding options to users when registering which allow gift givers to send funds to couples (or couple's representative) registered with Honeyfund.com, Inc. Users have the option to either 1) collect payments directly in their Honeyfund.com registry account (“Honeyfund Balance”) or 2) Create and link, or just link, the user’s own third-party payment account with WePay or PayPal.
a. Honeyfund Balance. When you choose Honeyfund Balance, you acknowledge that Honeyfund.com, Inc. provides merchant payment services to collect funds on your behalf and deposit them into your Honeyfund account. Honeyfund Balance funds are ONLY redeemable for digital gift cards provided by Honeyfund partners, not for cash. (A full list of Honeyfund redemption partners can be found here.) There are no fees to couples for Honeyfund Balance gifts nor redemptions. There are no fees to givers.
b. Third Party Payment Services. Honeyfund.com, Inc. provides links and interfaces to third party payment services, such as PayPal.com and WePay.com, which permit gift givers to send funds to couples (or couple's representative) registered with Honeyfund.com, Inc. You acknowledge that while Honeyfund.com, Inc. provides links to these third party payment services, Honeyfund.com, Inc. does not control and is not responsible for payments made or received through these services. Any use of third party payment services by you will be subject to the fees, terms and conditions of such third party payment services, and at your own risk. In cases where the third party payment service chosen by you is not available due to incomplete account setup, internet or service outages or any other reason, you acknowledge that Honeyfund.com, Inc. may collect payment on your behalf in order to facilitate a successful gift transaction for your Honeyfund page visitors. In these cases, the funds will be available in your Honeyfund account ( Honeyfund Balance) where they can be redeemed for digital gift cards provided by Honeyfund partners, or in your PayPal account in the case of a PayPal outage. (A full list of Honeyfund redemption partners can be found here.)
In some circumstances and in order to reduce transactions fees, Honeyfund.com, Inc. may collect and pay PayPal fees on behalf of the user. You acknowledge these fees will automatically be paid to Honeyfund.com, Inc. from your PayPal account.
Gift givers acknowledge when they are submitting payment directly to the registered couple or couple's representative via a third party payment service such as WePay or PayPal, Honeyfund.com, Inc. cannot be responsible for lost payments, identity theft, fraud or refunds.
3. Use of Copyrighted Materials/Trademarks. Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, interfaces or other material or works of authorship (the "Materials") are copyrighted material owned by or licensed to Honeyfund.com, Inc. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Honeyfund.com, Inc. and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Nothing in these terms grants you any right to use any trademark, service mark, logo, and/or the name of Honeyfund.com, Inc. or any third party. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents, content or information from the Site in any form or by any means without prior written permission from Honeyfund.com, Inc. or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of the materials appearing on this Site may violate trademark, copyright, and other applicable lows and could result in criminal or civil penalties.
Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Honeyfund.com, Inc., its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to Honeyfund.com, Inc. its affiliates, and/or any third party, as applicable.
4. Hyperlinks to this Site. You are granted a limited, nonexclusive right to create a "hypertext" link to the Site provided that such link is to the entry page of the Site (or your personal registry page within the Site) and does not portray Honeyfund.com, Inc. or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Honeyfund.com, Inc. trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Honeyfund.com, Inc.
5. Links to Third Party Websites. The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Honeyfund.com, Inc. If you use these links, you may leave the Site. Honeyfund.com, Inc. has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Honeyfund.com, Inc. does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Honeyfund.com, Inc., or any warranty of any kind, either express or implied. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
6. Data Mining, Commercial Use and Unsolicited Mailings Prohibited. You acknowledge that you are expressly prohibited from utilizing this Site or any of our services in connection with data mining of any kind, commercial use, the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of this Site or any of our services.
7. Authority and Accuracy. In consideration of your visiting and using the Site, you represent that you are able to form a binding contract. You also agree that any information you provide about yourself is accurate and complete information at the time provided. You agree to update any information provided to Honeyfund.com, Inc. to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for Honeyfund.com, Inc. to suspend or terminate your account and refuse you service in the future. You must be 18 years of age or older to use the Site.
8. Password Restricted Areas of the Site. Certain areas of the Site may be password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Honeyfund.com, Inc. if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Honeyfund.com, Inc. of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.
9. Submissions. You acknowledge that you are responsible for the information, photographs, graphics, messages, content and other material that you upload, post, e-mail or otherwise submit to the Site (collectively referred to herein as “User Materials”), and you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Materials you submit, and that, as to that User Material, (a) you are the sole author and owner of the intellectual property and other rights to the User Material, or you have a lawful right to submit the User Material and grant Honeyfund.com, Inc. the rights to it that you are granting by these terms and any additional terms, all without any obligation on our part to obtain consent of any third party and without creating any obligation or liability of Honeyfund.com, Inc.; (b) the User Material is accurate; (d) the User Material does not and, as to Honeyfund.com, Inc.’s permitted uses and exploitation set forth in these terms, will not infringe any intellectual property or other right of any third party; and (e) the User Materials will not violate these terms or any additional Terms, or cause injury or harm to any person.
Honeyfund.com, Inc. has no obligation to monitor or enforce your intellectual property rights to your User Materials, but you grant Honeyfund.com, Inc. the right to protect and enforce its rights to your User Material, including by bringing and controlling actions in your name and on your behalf (at Honeyfund.com, Inc.’s cost and expense, to which you hereby consent and irrevocably appoint Honeyfund.com, Inc. as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest). You acknowledge that you are responsible for any and all model releases.
Honeyfund.com, Inc. does not control the content posted by third parties via the Site and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Honeyfund.com, Inc. be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available via the Site.
10. Notification of Claims of Infringement. Honeyfund.com, Inc. respects the intellectual property of others, and we ask our users to do the same. Honeyfund.com, Inc. may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at help [at] honeyfund.com and provide Honeyfund.com, Inc.'s copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright 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 owner or authorized to act on the copyright owner's behalf. Honeyfund.com, Inc.'s agent for notice of claims of copyright infringement on this Site can be reached using the contact information below.
11. Code of Conduct. Online behavior requires common sense and basic etiquette. Accordingly, here are some rules that you agree to follow as a condition of accessing the Site:
- No strong, vulgar, obscene, or otherwise harmful language.
- No racially, ethnically or otherwise, objectionable language.
- No libelous, defamatory, or otherwise tortuous language.
- No impersonating any person, including, but not limited to, other community members or employees of Honeyfund.com, Inc.
- No posting, distributing, transmitting, or promoting illegal content.
- No invasion of another's privacy.
- No actions that are harmful to minors.
- No manipulation or forging of identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to Honeyfund.com, Inc. or its employees.
- No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
- No posting, providing, transmitting, or otherwise making available any junk mail or spam.
- No posting, uploading, e-mailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
- No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange.
- No collecting, storing, or posting of personal data about or of other Honeyfund.com, Inc. members.
- No soliciting of any kind.
- No infringing on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use the Site to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You acknowledge that Honeyfund.com, Inc. will cooperate fully with investigations of systems or network security at other Sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
If you believe that content has been posted on the Site that violates these Terms, please notify us via email to help [at] honeyfund.com . We may, but typically will not, acknowledge receipt of your complaint. You agree that Honeyfund.com, Inc. cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site, but will take only such actions as we believe are appropriate in our sole discretion. If you are a copyright owner and you believe your rights have been violated by content uploaded to this Site, please follow our above-referenced complaint process.
12. Restrictions on Use. Content from the Site, including but not limited to any member profile information such as member names, e-mail addresses, member contact information, or member-personalized wedding- or honeymoon-related information, may not be taken from the website and used for any purpose. You agree that you will not use any names, e-mail addresses and other contact information from member profile information or the pages and postings on this site for the purpose of solicitation. You agree that you will not send any unsolicited e-mails to our members, and will not use the Site to send unsolicited e-mails to any third parties.
13. Changes to the Site. Honeyfund.com, Inc. reserves the right from time to time to make modifications and changes to the Site. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through Honeyfund.com, Inc. (or any part thereof) with or without notice. You agree that Honeyfund.com, Inc. shall not be liable to you or to any other party for any changes and modifications to the Site.
14. Termination. You agree that, under certain circumstances and without prior notice, Honeyfund.com, Inc. may terminate your access to the Site, including purging your member account and any material and information associated with your member account (including your user name, password, registry and profile). Cause for such termination shall include, but not be limited to, violation of these Terms. Upon termination or suspension, regardless of the reasons therefore, your right to use the Site immediately ceases. You acknowledge and agree that all terminations for cause shall be made in sole discretion of Honeyfund.com, Inc. and that Honeyfund.com, Inc. shall not be liable to you or any other party for the termination of your access to the Site or the purging of any material. Your obligations to Honeyfund.com, Inc. will continue upon termination of your rights under these Terms, including restrictions regarding the content, disclaimers, indemnification obligations and liability limitations under the Terms. Upon termination of your rights, you must promptly destroy all content downloaded or obtained from this Site, as well as all copies of any content.
15. Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HONEYFUND.COM, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
HONEYFUND.COM, INC. MAKES NO WARRANTY THAT: (i) THE SERVICES PROVIDED ON THE SITE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICES PROVIDED ON THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE ON THE SITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE OPERATION OF THE SITE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.
16. Limitation of Liability. Honeyfund.com, Inc. shall not be liable to you or any third party claiming through you for any damages in connection with your inability to use the service and the Site or any content appearing on the Site. In no event will Honeyfund.com, Inc. be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether Honeyfund.com, Inc. has been advised of the possibility of such damages. In no event will the total, cumulative liability of Honeyfund.com, Inc. damages under this Agreement exceed one hundred dollars ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
19. Export Controls. Materials available on or through this Site are subject to United States Export Controls. No materials from this Site may be downloaded or exported (a) into (or to a resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the materials, you represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list.
20. International Use. Although this Site may be accessible worldwide, Honeyfund.com, Inc. makes no representation that materials on this Site are appropriate or available for use in locations outside the United States (with the exception of Honeyfund.co.uk in the United Kingdom), and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, services, and/or information made in connection with this Site is void where prohibited.
21. Miscellaneous. These Terms constitute the entire agreement between you and Honeyfund.com, Inc. and govern your use of the Site.
The Terms and the relationship between you and Honeyfund.com, Inc. shall be governed by the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. You and Honeyfund.com, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida, County of Pinellas or Hillsborough. In any action to enforce these Terms, the prevailing party will be entitled to attorneys’ fees and costs.
You agree that, except as otherwise expressly provided in this Terms, there shall be no third party beneficiaries to this agreement.
The failure of Honeyfund.com, Inc. to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any waiver by us does not constitute a continuing waver. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms shall remain in full force and effect.
You agree that your Honeyfund.com member account is non-transferable. Honeyfund.com, Inc. may freely assign its rights and obligations under these Terms.
You agree that any claim or cause of action that you have arising out of or related to use of any services provided on our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The captions of these Terms are for convenience and ease of reference only and in no way define, describe, extend, or limit the scope or intent of these Terms.