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1. ACCEPTANCE
OF TERM
We will refer to the WeddingeXpress.com
web site as the "Service".Your use of WeddingeXpress.com
will confirm your agreement to these terms and conditions as well
as your acceptance of the changes we make to the Service Agreement
(SA), which may be updated or modified by us from time to time
without notice to you, therefore you need to regularly check this
agreement to stay up to date. You can review the most current
version of the SA at any time at http://www.weddingexpress.com/aboutus/legal_notice.php.
2. DESCRIPTION OF SERVICE
WeddingeXpress.com provides
information related to wedding planning. You understand and agree
that the Service provided on this site is provided "AS IS"
and that we do not assume responsibility for the accuracy, timeliness,
deletion, mis-delivery or failure to store any user provided content,
communications, or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS
Use of the Service may require
you to register and obtain a password. In return for our enabling
you to use the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself when necessary
or as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not
current or incomplete, or we have reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
we have the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion
thereof).
4. WEDDINGEXPRESS.COM
PRIVACY POLICY
Registration Data and certain
other information about you is subject to our Privacy Policy.
For more information, please see our full privacy policy at http://www.weddingexpress.com/aboutus/privacy.php.
In addition, by using the Service, you acknowledge and agree that
WeddingeXpress.com may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the SA; (c) respond
to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of WeddingeXpress.com,
its users and the public.
5. MEMBER ACCOUNT, PASSWORD
AND SECURITY
When the particular service
you use requires you to register as described above, you will
also receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password
or account. You agree to (a) immediately notify WeddingeXpress.com
of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account
at the end of each session. WeddingeXpress.com cannot and will
not be liable for any loss or damage arising from your failure
to comply with this Section.
6. USE OF THE SERVICE;
MEMBER CONDUCT
(a) You understand that all
information, data, text, messages, postings, or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not WeddingeXpress.com,
are entirely responsible for all Content that you upload, post,
or otherwise transmit via the Service. If you have included
information available through the Service then you are responsible
for making modifications or updating information to the extent
there are errors or updates are required. WeddingeXpress.com
does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will WeddingeXpress.com be liable in any
way for any Content, including, but not limited to, for any errors
or omissions in any Content (for example, if an event posted on
WeddingeXpress.com is listed on the wrong date, place,
or time), or for any loss or damage of any kind incurred as a
result of the use of any Content posted, or otherwise transmitted
via the Service.
You agree that you will not
use the Service or the information obtained through the Service
(including without limitation, directory or event listings):
- for solicitations, commercial
or otherwise;
- for incorporation into
a commercial product or service;
- to download directory
listings or other information by using any type of automated
means;
- for the purposes of soliciting,
offending or harassing any person or persons;
- to alter the directory
listings, event listings, or other information, or enter additional
listings or Content which in any way: (i) are unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable, (ii) violates
any patent, trademark, service mark, trade secret, copyright
or other proprietary rights ("Rights") of another, or (iii)
are known to be false or misleading at the time of entry.
- harm minors in any way;
- impersonate any person
or entity, including, but not limited to, a WeddingeXpress.com
official, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
- provide any Content that
you do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
- transmit any material
that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt
the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations
of networks connected to the Service; or
- intentionally or unintentionally
violate any applicable local, state, national or international
law.
(b) You acknowledge that
WeddingeXpress.com does not pre-screen all Content, but that WeddingeXpress.com
and its designees shall have the right (but not the obligation)
in their sole discretion to refuse, move or remove any Content
that is available via the Service. Without limiting the foregoing,
we shall have the right to remove any Content that violates the
SA or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely
on any Content created by us or submitted to us.
(c) You understand that the
technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
7. PUBLIC CONTENT POSTED
TO WEDDINGEXPRESS.COM
(a) For purposes of the SA,
"publicly accessible areas of the Service" are those accessible
by the general public. By way of example, a publicly accessible
area of the Service would include the WeddingeXpress.com Forums.
Please note that this Content may be seen by anyone using
the Service.
(b) With respect to all other
Content you elect to post to publicly accessible areas of the
Service, you grant WeddingeXpress.com the world-wide royalty-free,
perpetual, irrevocable, non-exclusive and fully sublicensable
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display
such Content (in whole or part) and/or to incorporate it in other
works, in any form, media, or technology now known or later developed.
(c) You represent and warrant
that you have all right, title and interest in, or otherwise have
the right to publicly display all Content that you post to or
transmit through the Service and that the Content you post to
or transmit through the Service does not infringe, or dilute any
third party right.
8. WEDDINGEXPRESS.COM’S
RIGHTS AND REPRESENTATIONS
(a) WeddingeXpress.com reserves
the right to deny access to you or any group of users to the Service,
at its sole discretion, at any time. WeddingeXpress.com also reserves
the right to remove any listings or other information or Content
from the Service at any time and at its sole discretion.
(b) WeddingeXpress.com cannot
and does not guarantee or warrant that files available for downloading
through the Service will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external
to the Service for the reconstruction of any lost data.
(c) WEDDINGEXPRESS.COM DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE,
OR ANY MERCHANTS LISTED ON THE SERVICE, AND WEDDINGEXPRESS.COM
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. WEDDINGEXPRESS.COM DOES
NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE
SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT
WILL WEDDINGEXPRESS.COM (OR ITS DIRECTORS, OFFICERS, EMPLOYEES,
SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR AFFILIATES)
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR
DOWNLOADED FROM THE SERVICE, EVEN IF WEDDINGEXPRESS.COM OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE, INCLUDING WITHOUT LIMITATION
ANY DIRECTORY OR EVENT LISTINGS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, WEDDINGEXPRESS.COM'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. INDEMNITY
You agree to indemnify and
hold WeddingeXpress.com, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you submit,
post to or transmit through the Service, your use of the Service,
your connection to the Service, your violation of the SA, or your
violation of any rights of another.
10. MODIFICATIONS TO SERVICE
WeddingeXpress.com reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that WeddingeXpress.com shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
11. TERMINATION
You agree that WeddingeXpress.com,
in its sole discretion, may terminate your password, account (or
any part thereof) or use of the Service, and remove and discard
any Content within the Service, for any reason, including, without
limitation, for lack of use or if WeddingeXpress.com believes
that you have violated or acted inconsistently with the letter
or spirit of the SA. WeddingeXpress.com may also in its sole discretion
and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of this SA may
be effected without prior notice, and acknowledge and agree that
WeddingeXpress.com may immediately deactivate or delete your account
and all related information and files in your account and/or bar
any further access to such files or the Service. Further, you
agree that WeddingeXpress.com shall not be liable to you or any
third party for any termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business
dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are
solely between you and such advertiser. You agree that WeddingeXpress.com
shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
13. LINKS
The Service may provide,
or third parties may provide, links to other World Wide Web sites
or resources. Because WeddingeXpress.com has no control over such
sites and resources, you acknowledge and agree that WeddingeXpress.com
is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable
for any content, advertising, products, or other materials on
or available from such sites or resources. You further acknowledge
and agree that WeddingeXpress.com shall not be responsible or
liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through
any such site or resource.
14. ADS
Use of this site is contingent
on acceptance of viewing of any and all advertisements (ADS) sent
on or by pages of this site. ADS include, but are not limited
to: banners, buttons and pop-up windows.
19. VIOLATIONS
Please report any violations/misuse
of the SA by emailing webmaster@weddingexpress.com.
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