Terms of Service

Effective Date: 05/24/2017

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THIS AGREEMENT REQUIRES RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE.

The following Terms of Service (the “Terms”) constitute a binding agreement between you and Mayflower Weddings, Inc. (“Mayflower,” “we,” “us,” or “our”) in connection with your access to and use of our website and related services (the “Site”). By using our Site, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Site.

Please note that venue owners (an “Owner,” as defined in Section 1, below) will also be bound to the Owner Agreement with Mayflower. To the extent these terms conflict, those in the Owner Agreement shall supersede these Terms.

Couples who enter into a rental agreement with a venue, (a “Renting Couple,” as defined in Section 1, below) will also be bound to the Renting Couple Agreement with Mayflower. To the extent these terms conflict, those in the Renting Couple Agreement shall supersede these Terms.

We reserve the right to change these Terms at any time, without prior notice, and at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site. The date of the latest revision will be listed at the top of this document, and it is your obligation to review this page periodically. Your continued access or use of the Site after the posting of revised Terms constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop access to or use of the Site.

  1. Definitions

    In addition to the terms defined above, the following terms shall be understood to have these meanings:

    Content” means text, graphics, images, diagrams, software, audio, video, information or other materials.

    Owner” means the person(s) or entity that owns or has the authority to rent a Venue.

    Renting Couple” means the person or persons who have scheduled (or plan to schedule) a preliminary visit, or have agreed to rent a Venue for the purpose of a wedding or other event.

    Venue” means that portion of the Owner’s property being made available for purposes of rental for a wedding or other event on the Site. The term includes any property necessary to ensure the right to ingress and egress on the property, as well as the on-site facilities necessary for use of designated bathrooms, electric, and water utilities.

  2. Eligibility

    This Site is not directed toward children under 18 years of age, nor does Mayflower knowingly collect information from anyone under that age. If you are under 18 years of age, do not use this Site.

  3. Your Account

    1. Renting Couple’s Account

      In order to access and use certain features of our Site, you must register to create an account with Mayflower. For example, you will be asked to create an account during the check out process if you do not already have one. Our collection and use of that information is governed by our Privacy Policy.

      You agree to provide accurate, current and complete information in connection with your account and to update such information to keep it accurate, current and complete. You are solely responsible for maintaining the confidentiality of your username and password. You may not have more than one active account with Mayflower.

    2. Owner’s Account

      In order to become an Owner, you must submit an application via the venue application feature on the Site. In connection with that application, you will be asked to provide Mayflower with pictures and other information on the Venue, including but not limited to the location, capacity, size, features, and availability of the Venue and pricing, as well as related rules and financial terms. Your submission of such information is subject to the license in Section 4.2, below.

      You will also be asked to create an account in connection with your Venue application, if you do not already have one. You agree to provide accurate, current and complete information in connection with your Venue and to update such information to keep it accurate, current and complete. You understand and agree that any such application is subject to confirmation by Mayflower, and Mayflower has the sole discretion to decide whether to confirm your application to become an Owner.

    3. Account Cancellation

      Upon cancellation, any pending or confirmed booking associated with the account will be automatically cancelled, and the Renting Couple will be refunded in accordance with the Renting Couple Agreement, if applicable. Deletion of your account will be treated as a cancellation of a booking subject to the cancellation policy outlined in either the Owner Agreement or Renting Couple Agreements.

  4. User Conduct

    1. Use of the Site

      In connection with your use of the Site, you agree:

      • That you will not use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

      • That you will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Mayflower or users of the Site or expose them to liability.

      • That you will not post any materials that are defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

      • That you will not use this Site to promote sexually explicit, pornographic, or violent material.

      • That you will not use this Site to further or promote discrimination based on race, ethnicity, sex, gender, religion, national origin, disability, sexual orientation, or age.

      • That you will not infringe any patent, trademark, trade secret, copyright, or other intellectual property or the privacy, publicity, or other rights of any other person.

      • That you will not impersonate any person, or misrepresent the user’s affiliation with any person or organization.

      • That you will not use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any party’s use of the Site, or use any device, software, or routine that interferes with the proper working of the Site.

      • That you will not otherwise attempt to interfere with the proper working of the Site.

    2. Submitted Content

      Mayflower may allow you to submit Content to the platform, including as a prospective Owner submitting a Venue for review, or as a Renting Couple seeking to book a Venue. All Content you provide with the Site must comply with the standards set out in these Terms. By providing us with any Content, you grant us a nonexclusive, worldwide, perpetual, and sub-licensable right to use, reproduce, modify, perform, display, distribute, create derivative works of, and otherwise use any such Content for the purposes of operating, promoting, modifying, and developing the Site.

      You hereby represent and warrant that:

      • You own or control all rights in and to the Content and have the right to grant the above license to Mayflower.

      • All of your Content does and will comply with these Terms.

      You understand and acknowledge that you are responsible for any Content you submit or contribute, and that you have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.

      Mayflower assumes no responsibility for the legality, reliability, accuracy, and appropriateness of any user-submitted Content. We are not responsible, or liable to any party for the content or accuracy of any Content posted by you or any other user of the Site.

  5. Report Inappropriate Conduct

    If you become aware that a user of the Site or any other related party (including any guests at a Venue) has violated these Terms, or engaged in any inappropriate or illegal behavior related to the Site or the use of any Venues referred through the Site, you must immediately report the party to Mayflower at policy@mayflowervenues.com. To the maximum extent allowed by law, Mayflower disclaims any liability stemming from such objectionable behavior. As a reminder, Renting Couples are responsible for the behavior of their guests, and are governed by the Renting Couple Agreement. Mayflower reserves the right, but not the obligation, to terminate the accounts of any user for any reportable behavior at any time, with or without notice.

  6. Intellectual Property

    In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, 17 U.S.C. § 512, Mayflower will respond expeditiously to claims of copyright infringement committed using the Mayflower Site that are reported to us, provided they meet the criteria below.

    If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Site by providing us the following information:

    • The identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this notice, a comprehensive list of the copyrighted works that you claim have been infringed;

    • The material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;

    • Your mailing address, telephone number, and, if available, email address;

    • A statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;

    • A statement that the information in this notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and

    • Your full legal name and your electronic or physical signature.

    You may deliver this notice, with all items completed, to:

    Copyright Agent

    Mayflower Weddings, Inc.

    1 Amherst Street, E40-160

    Cambridge, MA 02142

    857-770-1477

    policy@mayflowervenues.com

    Upon receipt of the notice as described above, Mayflower will take whatever action it deems appropriate, including removing or disabling access to the allegedly infringing material or activity from the Site and/or terminating access to repeat infringers of content.

    If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and legal fees, incurred by Mayflower and/or the alleged infringer as a result of Mayflower’s actions taken in reliance upon such misrepresentation.

  7. Third Parties

    Mayflower may provide you with access to third party websites, information, and services. We do not own or operate or have any control over such third party entities, or the information or services provided by them, and we cannot assure you that the information is accurate, complete, or current. Mayflower does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of information or services provided by such third party entities. Mayflower disclaims any and all responsibility or liability for any harm resulting from your use of such third party websites and services, and you hereby irrevocably waive any claim against Mayflower with respect to the information or operation of any such third party websites and services.

  8. Termination, Suspension, and Other Measures

    Mayflower reserves the right to immediately and without notice terminate your use of the Site for violation of these Terms, or if, in our sole discretion, we determine that such termination is appropriate to protect the rights, safety, or property of Mayflower, its users, or its affiliates. Additionally, Mayflower may, at its sole discretion, deactivate or delay access to listings, reviews, or other Content for any or no reason. If you are an Owner or a Renting Couple, such termination will be deemed a cancellation of your booking on your part, and any refunds, costs, or other expenses associated with such cancellation will be handled by your Owner Agreement or Renting Couple Agreement accordingly.

    If your access to or use of the Site has been limited or your Mayflower Account has been suspended or we have terminated this agreement, you may not register a new Mayflower account or attempt to access and use the Site through other Mayflower accounts.

  9. Warranty Disclaimers

    MAYFLOWER MAKES THE SITE AND ALL RELATED SERVICES AVAILABLE “AS IS,” AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES OF FITNESS FOR A PARTICULAR PUPROSE, MERCHANTABILITY, NONINFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE.

    IF YOU ARE AN OWNER OR RENTING COUPLE, PLEASE SEE THE ADDITIONAL WARRANTIES AND DISCLAIMERS CONCERNING RENTAL OF VENUES IN YOUR OWNER AGREEMENT AND RENTING COUPLE AGREEMENT.

    YOU ARE SOLELY RESPONSIBLE FOR ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF OUR SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MAYFLOWER.

    MAYFLOWER MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER SUCH PROBLEMS INHERENT TO THE USE OF THE INTERNET, WIRELESS NETWORKS, AND ELECTRONIC COMMUNICATIONS, AND MAYFLOWER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

  10. Limitation of Liability

    TO THE MAXIMUM EXTENT AND AMOUNT ALLOWED BY LAW, IN NO EVENT SHALL MAYFLOWER OR ITS REPRESENTATIVES BE LIABLE TO THE OWNER, A RENTING COUPLE, OR ANY THIRD PARTY FOR ANY OBLIGATION UNDER, BREACH IN, OR CONDUCT ARISING FROM THIS CONTRACT. MAYFLOWER SHALL NOT BE LIABLE TO THE OWNER, A RENTING COUPLE, OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT OWNER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

  11. Indemnification

    You agree to release, defend, indemnify, and hold Mayflower and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our Site or use of a Venue found from the Site.

  12. Entire agreement

    Except as addressed above concerning the Renting Couple Agreement and Owner Agreement, these Terms constitute the entire agreement between Mayflower and you regarding your access to or use of the Site. These Terms supersede and replace any and all prior oral or written understandings or agreements between Mayflower and you in connection with your access to or use of the Site. Any modifications to these Terms are invalid unless they are made in writing, signed by both you and Mayflower.

  13. Assignment

    You may not assign or transfer these Terms, by operation of law or otherwise, without Mayflower’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Mayflower may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assignees.

  14. Controlling Law and Jurisdiction

    These Terms and your use of the Site will be interpreted in accordance with the laws of the Commonwealth of Massachusetts and the United States of America. You and we agree to submit to the personal jurisdiction of a state court located in Middlesex County, Massachusetts for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, or patents, as set forth in Section 15, below.

  15. Dispute Resolution

    Under these Terms, you agree that any dispute, claim or controversy arising out of or relating to these Terms shall be determined by arbitration in accordance with the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) Streamlined Arbitration Rules and Procedures in front of one qualified arbitrator, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The JAMS Rules and instructions for how to initiate arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. This clause shall also not prevent either party from pursuing injunctive or other equitable relief for threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, or patents, subject to the requirements of Section 14, above.

  16. Waiver

    No waiver of any part of these Terms shall operate or be construed as a continuing waiver of such term or any other term, and Mayflower’s failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this agreement shall not be deemed a waiver thereof.

  17. Severability

    If any term or provision of these Terms is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

  18. Contact Us

    If you have any questions about this Agreement, please contact us at policy@mayflowervenues.com.