Terms of Use

Updated May 2023
Welcome to Quinces App! These “Terms of Use” are a legal contract between Catholics Media Broadcast . (dba Quinces App), a New York limited liability company (“Quinces App”, “us”, “we” or “our”) and you (referred to as “you, “your” or “user”), as a user of our web-enabled platform located at https://quinceaneras.app Please let us know if you have any questions about this policy by contacting us at: hello@quinces.app

A. OUR MISSION AT QUINCES APP 

Our vision is to inspire, plan and organize every Latino celebration in New York with love. To that end, we have put together these terms that we feel best reflect our company values and guiding principals. The current laws and the nature of our business require that we protect you and us from liability and clearly lay out the terms of our agreement and relationship. These Terms of Use and our Privacy Policy are, together, an important part of using the Platform. If you would like to use the Platform and access the valuable service and community that it provides, you must completely agree to our Terms of Use.

B. PRELIMINARY LEGAL TERMS

1. Entire Agreement; Modification. The entire agreement between Quinces App  and you is made up of these Terms of Use, Quinces App’s Privacy Policy (https://quinceaneras.app), Quinces App’s Cookie Policy (https://quinceaneras.app/cookie-policy/), and any other terms or policies accompanying our Platform (collectively, the“Agreement”). This Agreement may be updated and modified by Quinces App from time to time. Those modifications are incorporated as part of this Agreement. You will be notified of significant modifications when you use the Platform. If you do not accept the modifications to the Agreement, your sole remedy is not to use the Quinces App’s Platform.
2. “Signing” of Agreement. You “sign” and accept this Agreement by (a) clicking “Agree” at the bottom of the account creation page or (b) using the functionality available within the Platform. Acceptance of this Agreement means you are entering into a binding contract with us.
3. Age. In the event you are under the age of eighteen (18) years old, you must obtain the consent of your parent or guardian to enter into a contract with Quinces App by using the Site. In no case are persons under the age of thirteen (13) years old permitted to use the Platform.
   

   C. OUR SERVICES; PAYMENTS; YOUR ACCOUNT

4. Our Services; Platform Functionality.
   1. Whether you use the Platform to create , orgaznize, planning to an event, to share memories or connect with others, the Platform provides an easy way to help make your vision a reality by easing the planning process. If you are using the Platform as someone that will planning an event  (a “Planning my Event”) you are subject to the terms that apply to all Platform users in Sections 1 through 6 and 9 through 26. If you are using the Platform as a Host, you are also subject to the terms that apply to Hosts in Section 7.
   2. Please note that most of the content provided within the Platform is user generated or provided by third parties. Success of the Platform also depends on the community of Planning a event  and Vendors that interact using the Platform. Because of how important our community is to us, we require all Platform users to conduct themselves appropriately regardless of how they interact with others and use the Platform. Use of the Platform is a privilege and not a right. Quinces App may suspend or deactivate your account, take down content or may limit or disable access to the Platform or content as set forth in Section 16.
5. Payments; Pricing & Payment Submission.
   1. We use certain third party payment processors (Stripe  or Paypal & Zelle) in order to facilitate payments   We do not own or control such third party service. You acknowledge that you are submitting payment directly to such third party payment processor and are subject to their policies, including their terms of use, terms of service and/or privacy policy. You are encouraged to read those policies in their entirety.
   2. You acknowledge that you are using these third party payment processors, subject to their terms, and Quinces App is not, and cannot be held, responsible for lost payments, identity theft, fraudulent transactions, fraud more generally or refunds. You use those third party payment services at your own risk.
   3. Quinces App collects fees based on your use of the Platform. You acknowledge transaction fees will automatically be paid to us and third party payment processors will remit those fees directly to us after a payment is made by a Vendor. 
6. 1. Certain information is required by Quinces App in order for you to establish an account, whether as a Host or a Padrino. This information includes your name, email address, date of birth, location, and certain other contact information. Other information, including an About Me profile and certain social media information, is optional. Regardless of whether it is optional or required, all of the information you provide to Quinces App must be accurate and complete.
   2. When you create an event, you also agree to provide only accurate information and continue to maintain the event information so the event details are as complete as possible.
7. For Quinceaneras- Sweet16- or any other celebrations ( person) Only — Your Use.
   1. Your account is not transferable or sublicensable to any other party. You obtain no ownership rights in the Platform or the content you contribute by creating an account. Instead, you are given a license to use the Platform to participate in the Quinces App community, create events and solicit donations according to the terms of this Agreement. The license to content you post or access within the Platform will be valid so long as you remain in compliance with the terms of this Agreement.
   2. You agree that all monies received through the Platform will be:
      1. Appropriately reported to relevant tax authorities.
   3. You are solely responsible for your use of your account, how you use the Platform and your interactions with the Quinces App community. This includes responsibility for any content posted by your account and what happens on the event pages you create. With respect to your use of the Platform, you represent, warrant and covenant that:
      1. You are not using the Platform for purposes of commercial or promotional distribution, publishing or exploitation. Your use of the Platform is solely for your individual purposes in connection with the event you are responsible for hosting.
      2. You will not communicate in a vulgar or obscene way, use harmful or otherwise objectionable language, or use the Platform to impersonate any third party, regardless of whether such impersonation results in tortious conduct.
      3. Nothing you post or link to contains personally identifiable information about a child under the age of thirteen (13) years unless you have the permission to post such information from a child’s parent or legal guardian.
      4. You will not post or link to an image containing another person’s likeness without his or her prior permission.
      5. Nothing you post or link to contains another person’s personal information without his or her permission.
      6. Nothing you post or link to results from unlawful activities and the posting of any content is itself not an unlawful activity or a solicitation to engage in any unlawful activity.
      7. Nothing you post or link to will transmit any malicious or unsolicited software to us or otherwise interfere with Platform operations.
      8. You will not copy, modify, loan or otherwise distribute any Platform content without our prior written consent.
      9. You agree not to use the Platform for advertising purposes.
      10. You will not use the Platform to send unsolicited communications. An unsolicited communication includes, but is not limited to, requests for money or donations that would not be well received by the recipient or requests directed at an individual you do not personally know to be interested in receiving such request.
      11. You will comply with all applicable federal, state and local laws, ordinances, rules and regulations when engaging in any activity in connection with your use of the Platform.

      If you take any of the above actions or breach any of the above restrictions in contravention of any warranty you made, we can terminate or suspend your use of the Platform in our sole discretion.

8. 1. If you take any of the above actions or breach any of the above restrictions in contravention of any warranty you made, we can terminate or suspend your use of the Platform in our sole discretion. Upon suspension or termination of an account, a previously committed or processed payment will not be terminated or refunded, as applicable. You are responsible for the payment of all fees and donations as soon as you submit the payment to any third party payment processor.

9. License to Use Platform Content; Term of License.
   1. Quinces App and its affiliates may use the information provided in connection with your use of the Platform as set forth in Quinces App’s Privacy Policy and this Agreement. Your use of the Platform grants Quinces App a non-exclusive, fully-paid, perpetual, royalty-free, worldwide, transferable license to display, distribute, store, transmit, reproduce, modify and otherwise use and reuse all or part of the content you provide while using the Platform. This includes the right to use your likeness, logo (including any registered or protected marks), location data, images, and any media you provide in connection with your use of the Platform. Quinces App is also permitted to use any content you provide or derivatives thereof for marketing purposes, as further detailed within the Privacy Policy. This grant is for all formats, platforms, devices, modes of transmission, methods of delivery, and media now known or later developed.
   2. You may terminate the license you have granted to Quinces App by removing or deleting (or writing to Quinces App to remove or delete) information or content you post within the Platform. Copies of such information or content may remain on the servers of the third party service providers we engage in connection with operation of the Platform until such time as the third party is able to overwrite or delete the content.
   3. Unless expressly authorized by us in writing, you are not granted permission to copy, frame, embed, or otherwise disseminate aggregated or specific content that Quinces App provides to you. Your use of the Platform must be in conformity with the restrictions in Sections 6 to 8 above.
10. Quinces App Intellectual Property. Quinces App and/or its licensors retain ownership of all intellectual property rights relating to Quinces App, the Platform, Quinces App’s trademarks and copyrights, and any Platform-related software, data, text, images, graphics, logos, user interface, and videos displayed through the Platform. You are authorized to use such materials only as expressly authorized within this Agreement. Nothing in this Agreement transfers ownership of such rights.
    

    D. OPERATION OF THE PLATFORM

11. Integrity of the Platform. You agree not to take any action to harm Quinces App or the Platform or interfere with its operation, access or copy its underlying technology, or copy the Platform or its content. You agree not to use any automated system (crawlers, robots, bots, spiders, extractors, etc.) to harm the Platform; circumvent, disable or otherwise interfere with security-related features or digital rights management functions of the Platform; or hack, reverse engineer, or disable any technology at or functionality of the Platform.
12. Third Parties. The Platform may contain links to third party websites or services that are not owned or controlled by Quinces App. Quinces App does not control the content, privacy policies, or practices of any third party websites or applications so please review the terms of service, including privacy policies, of such third-party applications or sites. Quinces App is not responsible for your use or misuse of any third party applications or websites.
    

    E. NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION

13. NO WARRANTY.
    1. THE PLATFORM IS PROVIDED FOR “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
    2. Quinces App does not warrant that any content present within the Platform, whether provided by us or user-generated, is accurate and you alone are responsible for the decisions, consequences and other actions resulting from your use of the Platform or any third party service.
14. Limitation of Liability for Damages.
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Quinces App BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS AGREEMENT, ACTIVITY WITHIN OR INTERACTION WITH THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, NEGLIGENCE, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT  Quinces App IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. As used in this section, “Quinces App” includes Quinces App, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, and clients.
    3. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF Quinces App, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND CLIENTS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
    4. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §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.”
15. Indemnification; Cooperation.
    1. You acknowledge that your account with Quinces App and your use of the Platform is based upon the truth of the statements, representations, warranties and covenants made by you in this Agreement. By agreeing to be bound this Agreement, you indemnify, hold harmless, and agree to defend Quinces App against all damages, losses, judgments, penalties, expenses, costs, and fees (including reasonable attorneys’ fees) incurred by, or awarded or assessed against Quinces App in connection with any third party (including domestic or foreign governments or agencies) assertion inconsistent with the statements, representations, warranties or covenants. This obligation extends to Quinces App, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors and assigns. These obligations survive termination of this Agreement.
    2. In addition to the obligation of indemnification, above, you agree to use your best efforts to assistQuinces App in the investigation and resolution of any third party claim or assertion inconsistent with your representations and warranties. You agree to provide such assistance promptly upon receipt of notice from Quinces App of such claim or assertion and at no charge.
16. Termination of Agreement.
    1. In the exercise of its discretion, Quinces App may suspend or terminate an account, remove or limit access to Platform content, or limit services to which an account holder has access. Quinces App may take such actions with or without prior notice to you and without liability to you.
    2. In the exercise of your discretion, you may terminate your account, cease using the Platform, stop accessing any content available within the Platform, stop creating or donating to events, or delete your account. You may take such actions with or without prior notice to Quinces App and without any liability for such cancellation to Quinces App Further, if you notify Quinces App of your termination of your accountQuinces App shall take reasonable steps to block access your access to the Platform. Regardless of whether or not you stop using the Platform, certain prior commitments (including donations) will not be revoked without your specific written request to us at: [hello@quinces.appm].
    3. The terms of Sections 13 to 15 shall survive termination of this Agreement.

    GENERAL LEGAL TERMS

17. The Platform is Delivered from Michigan. This Agreement is executed (signed) and performed in Ann Arbor, Michigan. You agree that the Platform is based in and delivered from Catholics Media  Broadcast, New York, USA. The Platform shall be deemed a passive website that does not give rise to personal jurisdiction over Quinces App either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between you and Quinces App that arises in whole or in part from use of the Platform shall be decided exclusively by a court of competent jurisdiction located in New York City  County, New York
18. No Implied Waiver. No waiver by Quinces App  shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of Quinces App.
19. Severability. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.
20. Statute of Limitations. Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one (1) year after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.
21. International Considerations. Quinces Appmakes no representations that the Platform, or any content available within the Platform, is appropriate or available for use in locations other than the United States. Those who access or use the Platform from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.
22. Assignment. Quinces Appmay assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party. You may not assign or transfer your account.
23. Notices. The Platform is offered by Catholics Media Broadcast., with offices at New York email: [hello@quinces.app]. Quinces App may provide you with notices, including those regarding changes to Quinces App’s Terms of Use, by email, first class mail, or postings within the Platform. Notice is deemed given upon the earlier of (i) actual receipt, (ii) twenty-four (24) hours after an email is sent, (iii) three (3) days after first class mail is deposited with the U.S. Postal Service, or (iv) thirty (30) days after a notice is posted to the Platform.
24. Entire Agreement. This Agreement (including the documents referenced in Section 1, above) is the entire agreement between you and Quinces App relating to the stated subject matter. It can be modified by the parties in a writing signed by both parties, or by a change to these terms as expressly set forth in this Agreement.
25. Nature of Agreement. No agency, partnership, joint venture, employee-employer or franchiser- franchisee relationship is intended or created by this Agreement. This Agreement does not create any right that may be enforced by a third party.
26. Electronic Communications Methods.  As part of the Platform, you may subscribe to receive certain alerts on your wireless device or other equipment via short message service, otherwise known as “text messages” (“Text Alerts”) or by E-mail (“Email Alerts”) about Platform notifications, your Account, and other types of alerts that Quinces App  may present and you may select to receive from time to time.  Certain alerts are available through your wireless device or other equipment when it is within operating range of your wireless service provider or a computer having an active connection to the Internet
27. Text Alert Details When creating an event page on Quinces App (at https://quinceaneras.app), you are automatically opting-in to join our text platform where we send occasional SMS/MMS messages regarding accounts, event inspiration, offers, and more. If you opt-in otherwise to subscribe to any of our Text Alerts, you agree to receive text messages from us at the mobile number you have provided for such purposes. You represent that you are the authorized user of the number provided in your Account, which will receive the Text Alerts.  These alerts are part of our subscription service, where you receive multiple messages, the frequency and availability of which depend on the alert types you select to receive.  You may adjust, add, or remove your alert types at any time by emailing hello@quinces.app.  To unsubscribe from Text Alerts and discontinue all alert types by emailing hello@quinceaneras.app OR replying “STOP” to the number you are receiving messages from.  Text Alerts may not be delivered to you if your wireless device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time.  You acknowledge that time-sensitive or critical alerts may not be timely received based on a number of factors beyond our control and that we do not guarantee that Text Alerts will be delivered. When a part of the Quinces App text program, you will not receive more than 10 SMS messages/month.
28. Email Alert Details. You must provide us with a valid e-mail address for your Account. If you enable Email Alerts, the email address you provide will be set as your default e-mail address to which you will automatically receive Email Alerts.  An email address is always required to use the Platform and it should be maintained with an accurate address. You may adjust, add, or remove certain Email Alerts by emailing hello@quinces.app.

Additional Terms relating to the use of our event planning websites and planner tools.

Quinceaneras.app (and our sister platforms, quinceanerasmagazine.nyc) is a event directory that offers a community and advertising platform for the event sector. The services we provide on our website are designed for businesses and individuals who are over the age of 15 ( under parents supervision).

Users of our platform include:

Consumers. These users may be planning their events, newlyweds, parents, padrinos  or event party members, wedding / events guests and other individuals.

Businesses.  These users include event venues, suppliers and other third parties offering products and services related to events.
Quinceaneras.app planner and  event  website tools are designed for quinceaneras , sweet 16 girls to plan their event day with ease. Collaboration functions are in place to allow other individuals to have access to these accounts. This is to the discretion and responsibility of the user.

Rules for using the Planner and related tools

You must comply with all applicable laws and contractual obligations when you use our services. In using the Quinceaneras.app platform, event websites and related tools, you also agree to abide by the rules outlined below.

Users of Quinceaneras.app  planner and related services
As a user of 

Quinceaneras.app planner and related services, you formally agree to use our system courteously and not to:

1. Create more than one account or impersonate other people or organisations.
   Use the platform for any illegitimate or fraudulent purpose prohibited by these terms and conditions.
2. Solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others
3. Prevent other platform users from using and enjoying the services on the platform
4. Take actions that are designed to “flood” our system with a disproportionate amount of messages or fraudulent communications. This includes scam material, spam messages, or other unsolicited transmissions.
5. Collect information (such as “scraping” or “harvesting”) from Quinceaneras.app or our sister platforms using an automated software tool or manual means.
6. Advertise a product or service or be used for link building purposes.
7. Reverse engineer or circumvent our website or system to gain unauthorised access to any area of the platform (or sister websites) through any fraudulent or illegal means. This includes, but is not limited to, hacking or password “mining”.
8. Use the platform to gain competitive intelligence about Quinceaneras app for users or any of our sister platforms. Or to use this intelligence to set up your own similar site.
9. Direct, encourage or engage in any attempts to bypass our systems to avoid complying with these Terms or for other means, such as but not limited to, complying with contracts or paying applicable fees, if any.
10. Manipulate our service for any means.

Emails and Communications

By signing up to the Quinceaneras.app websites and planning tools, you acknowledge that you will receive transactional emails (e.g. password reset) which you cannot opt out of as they are necessary to ensure you can use the service effectively.

You will also receive emails about your wedding planner, including advice and reminders, which you can opt out of at any time within your planner settings.

Quinceaneras.app guest list tool. The user is responsible for the information they add to the Quinceaneras.app planner and the guest details that have been added. The user is responsible for ensuring that the guests are aware that their personal information is being stored. Information stored may include, but is not limited to:

Guest Names
Guest Email Addresses
Guest Personal Addresses
Guest Dietary and Accessibility Requirements.
Any formal complaint received by Quinceaneras.app  in regards to emails sent by those using the planner will be redirected to the email address provided by the person who has signed up and is sending the emails. Your personal information may be disclosed in this instance. This kind of complaint may also result in the termination of your account on Quinceaneras.app and the email address associated with the account being blacklisted.

Abuse of the Quinceaneras.app website, planner tools and guest email functionality will result in the immediate termination of your account. Quinceaneras.app reserves the right to terminate any account they feel is misusing the tools available to them within the Quinceaneras.app planner, Quinceaneras.app websites or related services.

The content you add to your planner or Quinceaneras.app website
By using the planner and uploading imagery or details to your  website, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, transferable licence for us to use all material provided for any purposes including, but not limited to:

Evaluating and improving Quinceaneras.apps as a event planning platform and our related products and services.
Providing the material within your planner to third parties including other users of Quinceaneras.app, our team, wedding suppliers, partners, advertisers or sponsors to use your content for their purposes.
In whole, or in part; using your data and content in any form, media or technology to enable us to promote or develop Quinceaneras.app.

Auditing or accounting purposes or as may be required by law
Data retrieval (along with other couples) to inform our event industry colleagues about trends and statistics surrounding weddings.
In relation to the content you write or upload, you:

Are responsible for ensuring you have the correct rights and consents to use the information or imagery you have uploaded or written on your wedding website or in your planner.
Waive any moral rights that you may have in the content.
Take responsibility for your content and ensure it does not infringe the rights (including intellectual property rights) of any business and/or third party.
Are responsible for ensuring that the information and content you add is not unlawful, threatening, defamatory, offensive, abusive, menacing, inflammatory, blasphemous, in breach of confidence, in breach of privacy, liable to incite hatred, discrimination or cause harm to others (including but not limited to homophobia, transphobia, racial discrimination or religious hatred) and will not result in any civil or criminal claim being brought against us by a third party in any jurisdiction.
Quinceaneras.app reserve the right to:

Disclose your identity to any third party who is claiming that the information you have uploaded to the platform or sent through guest email functionality constitutes a violation of their rights (including intellectual property rights )
Remove your account on Quinceaneras.app (or our sister platforms) at our sole discretion, without the need to give reasons.
We do not guarantee the availability of Quinceaneras.appwebsite or planner at all times. We recommend that you do not use the platform solely for storage purposes. In the event that your user account is deactivated (either by Quinceaneras.app or you), deleted or blocked in accordance with these Terms, the information and content you have uploaded will no longer be available to you. Quinceaneras App  team will not take steps to retrieve that information.

Event services booked through our website
We allow event venues and suppliers to sign-up to the Quinceaneras.app website to promote their services to you, the couple or individual user. We do not offer event services ourselves, nor do we accept responsibility for the services provided by those advertising on our website.

For all event services advertised by event venues and suppliers on Quinceaneras.app (or our sister platforms), it is either the case that:

We do not offer the event service advertised and we have no role in the booking of those services.
We act as an agent on behalf of the venue or supplier to advertise the service and send correspondence made within the platform or through appointment reservation requests.
In either case, you are entering into a contract with the individual wedding supplier or event  venue and not with Quinceaneras.app. This will be a direct contract between you and the business in question and Quinceaneras.app is not responsible for the services provided by the business nor are we party to the contract. Your booking with the wedding supplier will be subject to their specific terms and conditions and we recommend you read these terms carefully before you book. You are responsible for the contracts you form with any business represented by our platform.

Quinceaneras.app do our best to ensure that there are no illegal, scam, fraudulent or false businesses on our website. Any businesses that we actively promote on our social media or those with enhanced listings (businesses with pages that include a portfolio of images, videos, website links, social media links and brochure buttons) are all vetted by our team. If you suspect a business advertising on Quinceaneras.app to be illegal, false, fraudulent or a scam, please email hello@quinceaneras.app to notify us and allow our team to investigate.

Complaints

If you have a complaint about Quinceaneras.app platform, please contact us so we can try to resolve the problem. Please be aware, any complaints about a business or event service contract you have entered will be redirected to the relevant venue or supplier along with your details.