Terms & Conditions

Punchbowl, LLC (“Company”, “we”, or “us”) provides the Modern Stamp service through the website https://www.modernstamp.com (“Site”), web and/or mobile applications (“Apps”), software, data, content, information, tools, functionality, updates, and similar materials delivered or provided by us (collectively, the “Service”), subject to your acceptance (as demonstrated by your use and other means of legal acceptance) without modification of the terms, conditions, and notices contained herein (collectively, the “Terms”).

Your use, continued use (after an update to these Terms), or other method of legal acceptance (including creating an account on the Service (“Account”), constitutes your agreement to these Terms.

As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access, receive, and use the Service. No rights not explicitly listed are granted.

Some parts of the Service may not be available to the general public, and we may impose additional eligibility rules from time to time on those portions of the Service. We reserve the right to amend or eliminate these eligibility requirements at any time.

By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, and that you commit to abide by all the terms and conditions herein.

The Service may contain links to third-party websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for any other form of transmission received from any Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators.

The Service is designed to enable you ("User") to manage various aspects of planning, executing on, and remembering one or more weddings and/or wedding-related events (each wedding and wedding-related event, an "Event").

As a condition of your use of the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner which could damage, disable, overburden, or impair us, our operations, or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

We reserve the right, but do not assume the responsibility, to monitor or review your conduct on the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.

In using the Service you agree not to:

Post, transmit, or otherwise make available, through or in connection with the Service:

We reserve the right, in our sole discretion, to protect our Users from violators and violations of these Terms, including but not limited to restricting your use of the Services, restricting your ability to upload Submissions, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, the Company reserves the right in its sole discretion, and without prior notice, to change, modify, discontinue (temporarily or permanently), or terminate access to your Account or the Services for any or no reason, and in our sole discretion.

The Service may contain message board services, chat areas, news groups, forums, communities, personal web pages, one-to-one messaging, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

We do not claim ownership of the materials and content you provide to us (including feedback and suggestions) or post, upload, input, or submit to the Service (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are irrevocably granting us (and our affiliated companies and necessary sublicensees) the worldwide, royalty-free, fully paid-up right to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission in connection with the operation of our (or their respective) business; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In order to access and use the Service, you must purchase at a paid membership ("Membership"). You will be billed a one-time fee immediately upon registering for your Membership ("Membership Fee"). The Membership Fee may vary from what other Users pay based on the applicable sales tax or governmental fees, which you are solely responsible for paying. It is your responsibility to provide us with accurate and complete contact and billing information (including, address, credit card number, etc.). Features may be added or removed to the Service from time-to-time, in our sole discretion, though we are under no obligation to make any changes or updates to the Service.

The Membership Fee must be paid by credit card (or other method of payment as we may provide) in US Dollars and is non-refundable. The Company reserves the right to cancel or suspend your account in the case of non-payment or invalid credit card. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by the User.

Once you have paid the Membership Fee, you will be able to access and use the Service through your Membership, subject to our unqualified right to modify, discontinue (temporarily or permanently), update, or terminate these Terms, the Service, or your Membership.

The following are the SMS Terms for the Company SMS program:

You agree to defend, indemnify and hold the Company, and its subsidiaries, affiliates, licensors, licensees, and each of their officers, directors, shareholders, members, employees, and agents harmless from and against all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions you submit, post to or transmit through the Service, (b) your use of the Service or any materials therein, (c) your violation of these Terms, (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service, (e) any transaction, relationship, or agreement that you enter into with another User, or (f) any Event for which, or in relation to which, you use the Services.

You agree that any claim or dispute arising out of or relating in any way to the Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the Commonwealth of Massachusetts shall govern these Terms, and shall be used in any arbitration proceeding.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. Any arbitration between you and the Company shall have one arbitrator.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Punchbowl, LLC, 50 Speen Street, Suite 202, Framingham, MA 01701USA.

Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, shall be conducted in English, and shall be located in Middlesex County, Massachusetts. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrators, will be strictly confidential for the benefit of all parties.

You and the Company agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and the Company agree that each have waived any right to a jury trial.

Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights, or to collect unpaid amounts.

To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in Middlesex County, Massachusetts. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN MASSACHUSETTS.

We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.

THE SERVICE AND THE COLLECTION OF WEBSITES AND SERVICES AND CONTENT OF THE COMPANY AND ITS AFFILIATED ENTITIES ARE PROVIDED "AS-IS" WITHOUT EXCEPTION.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICE AT ANY TIME.

WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SUBMISSIONS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICE FOR ANY PURPOSE. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY EVENT, THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, EXCERCISING OUR UNLIMITED RIGHT TO TERMINATE OR MODIFY THE SERVICE (IN PART OR IN WHOLE), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

We reserve the right, in our sole discretion, to terminate your access to the Service or the Service or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflict of law provisions.

You may terminate your Membership at any time by logging in and following the steps to "cancel" your Membership. Absent a material breach of these Terms, or repeated other violations hereof by you, it is highly unlikely that we will terminate your Membership purely for inactivity.

You may request that we delete your Account at any time by reaching out to us at help@modernstamp.com. Upon confirmation of the deletion request, we will delete your Submissions and other materials associated with your deleted Account in accordance with our current record retention policies.

Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Service. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by the Service with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and the Company with respect to the Service and it supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Service. A printed version of this agreement 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. It is the express wish to the parties that these Terms and all related documents be drawn up in English.

Punchbowl, LLC reserves the right to change these Terms under which the Service is offered. If these Terms change, we will let you know by posting the revised Terms on the Service and/or otherwise making you aware of the changes. Your continued use of the Service following our notice of changes to these Terms (or other method of legal acceptance) means you accept such changes. Please refer to the "Effective Date" date above to see when these Terms were last updated.

All contents of the Service are copyright 2024, Punchbowl, LLC and/or its suppliers. All rights reserved. The names of actual companies and products mentioned on the Service may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. §512(c)(3)), with correspondence containing the following:

If you receive a notification from us that content you made available on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide us with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to our copyright agent, and include substantially the following information:

You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to info@modernstamp.com containing the following information:

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.

All notices given by you or required under this Agreement shall be in writing and addressed to: Punchbowl, LLC, 50 Speen Street, Suite 202, Framingham, MA 01701 USA, or sent via email to info@modernstamp.com.