Terms of Service

Last Updated: January 1, 2023

These Terms of Service (“Terms”) are a contract between you and Married to Fashion of Atlanta, LLC (“MTFOA” “we,” or “us”). These Terms govern your use of our “Services," which refers to the services provided by MTFOA for discovering, watching, and interacting with its content, including its mobile applications (“App”), its websites (“Website”), and its marketing campaigns. Unless otherwise indicated, submissions to be a participant on shows available on MTFOA (including the show’s selection of winners) are not part of the Services and are instead governed by the terms of the respective show producers or casting companies. By accepting these Terms or otherwise using the Services, you agree to these Terms. If you don’t agree to any of these Terms, you are not permitted to use the Services.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES EXCEPT FOR INJUNCTIVE RELIEF AND DISPUTES ELIGIBLE FOR SMALL CLAIMS COURT WILL BE RESOLVED BY BINDING ARBITRATION AND NOT COURTS, JUDGES, OR JURIES, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION AGAINST US. Please review Section 18 (“Disputes”) for full details.

We can change these Terms at any time. If we believe a change is material or that we are legally required to provide notice, we’ll use commercially reasonable efforts to let you know before the change takes effect, such as through a notice by email or through the Services. Changes to these Terms that we believe are immaterial are effective immediately upon posting of the new Terms on the Services. By using the Services on or after that effective date, you agree to the new Terms. If you don’t agree with any changes to these Terms, you must immediately stop using the Services, including cancelling any subscriptions and deleting any account(s), as any use of the Services after the effective date of the new Terms will be subject to the new Terms.

By using the Services, you affirm that (a) you are of the age of majority in your jurisdiction to enter into these Terms and in no case younger than 17 years old, (b) you have not previously been terminated, removed, or suspended from the Services, and (c) you are located in one of the geographic territories to which MTFOA directs the Services.

1. Ownership of Content and Services

You acknowledge and agree that MTFOA owns all rights, titles, and interest in and to the Services, including: (a) all videos, audio, images, graphics, text, interfaces, information, data, software, and all other elements of the Services, and the design, selection, look, feel, and arrangement thereof; and (b) all intellectual property and other legal rights (including, but not limited to, any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights) therein and thereto. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services or any content or information made available through the Services without MTFOA's written consent or the use of MTFOA's sharing features. You will not acquire or earn any ownership rights in any copyrights, patents, trade secrets, trademarks or other intellectual property rights on account of these Terms or any access to or use of the Services. You agree that all content provided to you through the Services is owned or licensed by MTFOA, its service providers, and/or other third parties, and that you will have no ownership rights in such content.

2. Contest

Some content on MTFOA allows interactive contests. By entering a contest on a MTFOA show, you agree that MTFOA, its affiliates, and their respective officers, directors, employees, contractors, and agents (collectively, the "Administrators") will not be liable for any technical, administrative, or other problems that may cause contests to be disrupted or corrupted, or for errors in any promotional or marketing materials related to our contests. If for any reason a contest is not executed as planned or the Administrators have concerns about the fairness, integrity, or other aspects of the contest, the Administrators may, in their sole discretion, take any action they deem appropriate, including (a) terminating or suspending the contest at any point and declaring the contest results based on the results up to that point, or (b) disqualifying, blocking or removing any contest for any reason. By voting, you agree to release, indemnify and hold the Administrators harmless against any and all claims and liabilities of any kind arising directly or indirectly out of your participation in the contest.

3. License Grant and Restrictions

Subject to your compliance with these Terms and payment of all applicable fees, MTFOA hereby grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, noncommercial use, as provided herein. The following uses of Services are prohibited:

publishing, reproducing, distributing, displaying, performing, editing, adapting, modifying, creating derivative works of, reselling, or otherwise exploiting the Services or any content distributed thereon except through the use of MTFOA sharing features;
circumventing or disabling any content protection system or digital rights management technology used with the Services;
decompiling, reverse engineering, disassembling, or otherwise reducing the Services or any software or technology provided to you in connection with the Services, to a human-readable form, except to the extent expressly permitted by applicable law notwithstanding this restriction;
removing identification, copyright, trademark, or other proprietary notices from content or materials provided on the Services;
accessing or using the Services in an unlawful or unauthorized manner;
accessing or tampering with non-public areas of the Services, our computer systems, or the systems of our service providers or partners;
accessing or searching the Services by any means other than the generally available, published interfaces (e.g., APIs) that we provide;
forging any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false information;
impersonating or otherwise posing as someone you aren’t in communicating with us, creating an account, or otherwise using the Services;
interfering with, or disrupting, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services;
conducting facial recognition on any content or other visual material available on the Services; and
attempting to do, or assisting any third party in doing, any of the foregoing.

You may access our Services only on our website, supported devices for casting or mirroring, or standard browsers such as Chrome, Safari, Firefox, Internet Explorer, and not with scripts, bots, or other automation code that access our Services to extract content or information ("Crawling"). In addition to the rules about Crawling above, you must not conduct or support Crawling of our Services except with prior written notice to us and in full compliance with the provisions of our robots.txt file. We reserve the right to withdraw permission granted for Crawling for any and all reasons, including, without limitation, our assessment that your Crawling places an excessive load or burden on the Services (as determined by MTFOA).

Our Services (including any software, content, or other copyrighted materials) are licensed, not sold to you. You must not copy, adapt, distribute, publicly display or publicly perform any copyrighted materials we make available as part of our Services, except in full compliance with these Terms, which constitute license conditions and limitations, and contractual covenants. You acknowledge that fees, such as those from your mobile carrier or Internet service provider, may apply to the use and operation of your device in connection with your use of the Services, and that you are solely responsible for any such third-party terms and fees.

4. Access to Services

You acknowledge the following:

MTFOA requires high-speed Internet access, the quality of the content may differ based on your device, settings, and network quality. Not all devices are supported for casting and mirroring.
Certain features, content, or Services may not be available or may be different based on the time, geographic location, device, account settings, or behavior on the website

5. Third Party Services and Links

The Services may contain links to third-party content and integrations with third parties, such as advertisers and social media sites. MTFOA does not control, endorse, sponsor, recommend, or otherwise accept responsibility for any loss or damage that may arise from your use of such third-party content and integrations. These links and integrations are provided only as a convenience, and MTFOA does not make any representations or warranties with respect to third-party links and integrations. Use of any linked third-party content and integrations is at your own risk and subject to the terms of use for such third-party content.

6. Security

If you find a security vulnerability in the Services, you must report the issue to us at marriedtofashionofalanta@gmail.com and keep it confidential until we have fixed the vulnerability.

7. Married to Fashion of Atlanta Trademarks

The word “Married to Fashion of Atlanta,” the Married to Fashion of Atlanta logo, and other Married to Fashion of Atlanta marks, graphics, and logos are trademarks of Married to Fashion and Married to Fashion of Atlanta. None of the Married to Fashion of Atlanta trademarks may be used, copied, downloaded, or otherwise exploited without Married to Fashion of Atlanta prior written consent in each instance. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of Married to Fashion of Atlanta or the owner of the marks, as applicable.

8. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services will be governed by rules that are separate from these Terms. If you participate in any Promotions, please carefully review any promotion-specific rules as well as our Privacy Policy. If and to the extent those rules conflict with these Terms or the Privacy Policy, the Promotion rules will govern.

9. Feedback

Married to Fashion of Atlanta may use any comments, information, ideas, concepts, suggestions, reviews, techniques, or any other material contained in any communication you send to us (“Feedback”), including customer support inquiries or responses to surveys, worldwide and in perpetuity without compensation, acknowledgment or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the Married to Fashion of Atlanta Services. In addition, you agree to waive and not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

10. Communications with You

As permitted by applicable law, MTFOA, MTFOA’s service providers, and/or MTFOA partners may send you communications that (i) solicit Feedback via email, surveys, bug reports, or other methods MTFOA may determine; (ii) collect additional information regarding issues you report in your Feedback; (iii) notify you of changes to the Services or these Terms; and (iv) tell you about future MTFOA programs, products or services.

11. Unsolicited Materials

MTFOA does not accept unsolicited materials or ideas for content. Should you send any unsolicited materials or ideas, you do so with the understanding that (a) there is no implied agreement of any sort between you and MTFOA regarding such materials or ideas, (b) no consideration of any sort will be provided to you, (c) neither MTFOA nor any of its affiliates is responsible for the alleged or actual similarity of any content or programming in any media to such unsolicited materials, and (d) you are hereby waiving and releasing any and all moral rights or other claims against MTFOA and its affiliates related to such materials and ideas, even if any content or programming developed, produced or exploited by MTFOA or its affiliates in any manner is substantially similar to the material or idea you submitted to us. MTFOA’s standard policy is to return unsolicited materials submitted in writing (and delete any materials submitted electronically) without reviewing them or keeping a copy.

12. Customer Support

MTFOA cares about your issues, thoughts, and concerns. Any questions, comments and/or concerns please email us: info@marriedtofashionoftlanta.com

Submissions for content: n/a (we do not accept unsolicited submissions, see above

13. Complaints

If you have a question or complaint regarding our Services, please send an e-mail to marriedtofashionofatlanta@gmail.com. You may also contact us by writing to Married to Fashion of Atlanta, 1187 Westview Dr Atlanta, Ga 30310 or by phone at 770-855-1460. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

14. Disputes

Informally First. If you have an issue or concern we’d like to try to work it out informally first. Before filing a legal complaint against Married to Fashion of Atlanta, you agree to try to resolve the dispute informally by contacting info@marriedtofashionofatlanta.com. We’ll try to resolve the dispute informally by responding to you by email. If the dispute is not resolved within 15 days of submission, you or Married to Fashion of Atlanta may bring a formal proceeding.

Venue. You and Married to Fashion of Atlanta agree that any judicial proceeding to resolve claims relating to these terms or the Service will be brought in the federal or state courts of Fulton County, Georgia, subject to the mandatory arbitration provisions below. Both you and Married to Fashion of Atlanta consent to venue and personal jurisdiction in such courts for any matters not resolved by arbitration as provided below. If you reside in a country (e.g., in the EU or Canada) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those rights.

Arbitration. Unless you are a consumer located in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution or class action waivers, you also agree to the following mandatory arbitration provisions and class action waivers to the extent they are not prohibited under local, applicable law:

a. We both agree to arbitrate. You and Married to Fashion of Atlanta each agree to resolve any claims relating to these Terms or the Services (“Disputes”) through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT OR SIMILAR LEGISLATION IN THE JURISDICTION WHERE THE ARBITRATION IS SEATED.

b. 30-day right to opt-out of agreement to arbitrate. You can decline this agreement to arbitrate by emailing us at info@marriedtofashionofatlanta.com from the email address associated with your account (if you have one), including your name and a statement of your intention to opt out in the body of the email. Your opt-out notice must be sent to us no later than thirty (30) days after your first becoming subject to this arbitration agreement; otherwise, you will be bound to arbitrate all Disputes in accordance with this Section 18. If you opt out of this agreement to resolve all Disputes by arbitration, Married to Fashion of Atlanta also will not be bound by this agreement to arbitrate Disputes. Your election to opt out of this arbitration provision will apply only to Disputes that arise after the date you opt out. Any Disputes arising on or before the date you opt out of arbitration will continue to be governed by this arbitration agreement. If you have previously opted out of this arbitration agreement under a prior version of these Terms, you do not need to opt out again.

15. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, AND ARE PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, MARRIED TO FASHION OF ATLANTA, THEIR RESPECTIVE AFFILIATES, SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, PROVIDERS (INCLUDING THOSE WHO HELP ADMINISTER AND OPERATE THOSE SERVICES), AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “MARRIED TO FASHION OF ATLANTA PARTIES”) DO NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY, OR NON-INFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE; OR AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES, WHETHER PROVIDED IN VIDEO, AUDIO, TEXTUAL, GRAPHICAL, OR OTHER FORM (THE “SERVICE CONTENT”). MARRIED TO FASHION OF ATLANTA PARTIES NO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PROVIDERS. MARRIED TO FASHION OF ATLANTA PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS YOU MAY MAKE IN RELIANCE ON THE SERVICES OR SERVICE CONTENT, OR FOR ANY DEFECTS OR ERRORS IN THE SERVICE, FOR YOUR USE OF THE APPS WITH HARDWARE THAT DOES NOT MEET THE MINIMUM REQUIREMENTS SPECIFIED BY MARRIED TO FASHION OF ATLANTA, OR FOR YOUR USE OF ANY VERSION OF THE APPS OTHER THAN THE MOST RECENT GENERALLY AVAILABLE RELEASE OF SUCH APPS. YOU EXPRESSLY AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR THE LOSS OF DATA, THAT RESULTS FROM USE OF THE SERVICES.

16. Limitations of Liability

This paragraph is inapplicable in Quebec: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MARRIED TO FASHION OF ATLANTA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE, LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES, AND ANY COST OF ANY SUBSTITUTE SERVICES, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF THE MARRIED TO FASHION OF ATLANTA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE MARRIED TO FASHION OF ATLANTA PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES (IF ANY) AND USD $100. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THE BASIS OF THE BARGAIN CONTEMPLATED BY THESE TERMS.

THE FOREGOING LIMITATIONS SHALL APPLY ONLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW (SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE TERMS MAY NOT APPLY TO YOU).

17. Indemnity

To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Married to Fashion of Atlanta Parties (as defined above) and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with the Services (including all Feedback); (b) any violation or alleged violation of these Terms by you, and (c) your fraud, intentional misconduct, negligence, or other tortious or criminal acts or omissions. Married to Fashion of Atlanta reserves the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall provide Married to Fashion of Atlanta with such information and assistance as Married to Fashion of Atlanta reasonably requests.

18. Governing Law

These Terms are governed by the laws of the United States (including federal arbitration law) and the State of Georgia, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.

19. Miscellaneous

a. Married to Fashion of Atlanta Relationship with You. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Married to Fashion of Atlanta.

b. No waiver. Married to Fashion of Atlanta’s failure to enforce any provisions of these Terms or respond to a violation of these by any person does not waive Married to Fashion of Atlanta’s right to subsequently enforce any terms or conditions of the Terms or respond to any such violations.

c. Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that such provision shall be deemed severable from these Terms, that the court should try to give effect to the parties’ intentions as reflected in the provision, and that all other provisions of the Terms will remain in full effect.

d. Assignment, Transfer, and Sublicensing. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction.

e. Headings. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains or affects the interpretation of any section or provision or the rights of any party.

f. Interpretation. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.”

g. Force Majeure. Married to Fashion of Atlanta will not be responsible for any failure to fulfill any obligation due to any cause beyond its reasonable control.

h. Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between Married to Fashion of Atlanta and you concerning the Services.

i. Notices. Notices to you (including notices of changes to these Terms) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail.

j. Admissibility. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

k. Export Control. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

l. Language. The parties have requested and agreed that this contract and all related documents shall be drafted in English only.