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Online
Weddings Terms of Service |
1. ACCEPTANCE OF
TERMS
Online Wedding Inc. provides its service to
you, subject to the following Terms of Service
("TOS"), which may be updated by us from time
to time without notice to you. If you printed
this out, to review the most current version
of the TOS at anytime go to:
http://www.wwwweddings.com/tos.htm. In
addition, when using particular Online Wedding
Inc. services, you shall be subject to any
posted guidelines or rules applicable to such
services that may be posted from time to time.
All such guidelines or rules will be found
here. Online Wedding Inc. also may offer other
services from time to time that could be
governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
Online Wedding Inc. currently provides users
with various package listings, communications
tools, forums, articles, shopping services,
and personalized content throughout its
network of properties (the "Service"). You
understand and agree that the Service may
include advertisements and that these
advertisements are necessary for Online
Wedding Inc. to provide the Service. You also
understand and agree that the service may
include certain communications from Online
Wedding Inc., such as service announcements,
administrative messages and the Online Wedding
Inc. Newsletter, and that these communications
are considered part of Online Wedding Inc.
membership and you will not be able to opt out
of receiving them. You understand and agree
that the Service is provided "AS-IS" and that
Online Wedding Inc. assumes no responsibility
for the timeliness, deletion, mis-delivery or
failure to store any user communications or
personalization settings.
You are responsible for obtaining access to
the Service and that access may involve third
party fees (such as Internet service provider
or airtime charges). You are responsible for
those fees, including those fees associated
with the display or delivery of
advertisements. In addition, you must provide
and are responsible for all equipment
necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service,
you agree to: (a) provide true, accurate,
current and complete information about
yourself as prompted by the Vendor'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
Online Wedding Inc. has reasonable grounds to
suspect that such information is untrue,
inaccurate, not current or incomplete, Online
Wedding Inc. has the right to suspend or
terminate your account and refuse any and all
current or future use of the Service (or any
portion thereof). Online Wedding Inc. is
concerned about the safety and privacy of all
its users.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will be able to choose your own password.
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 Online Wedding
Inc. 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. Online Wedding
Inc. cannot and will not be liable for any
loss or damage arising from your failure to
comply with this Section.
5. MEMBER CONDUCT
You understand that all information, data,
text, photographs, graphics, messages 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 are
entirely responsible for all Content that you
upload, post, email, transmit or otherwise
make available via the Service. Online Wedding
Inc. does not control the Content posted via
the Service and, as such, does not guarantee
the accuracy, integrity or quality of such
Content. Under no circumstances will Online
Wedding Inc. be liable in any way for any
Content, including, but not limited to, for
any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a
result of the use of any Content posted,
emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise
make available any Content that is unlawful,
harmful, threatening, abusive, harassing,
vulgar, obscene, invasive of another's
privacy, hateful, or racially, ethnically or
otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity,
including, but not limited to, a Online
Wedding Inc. official, forum leader, guide or
host, or falsely state or otherwise
misrepresent your affiliation with a person or
entity;
d. forge headers or otherwise manipulate
identifiers in order to disguise the origin of
any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise
make available any Content that you do not
have a right to make available 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);
f. upload, post, email, transmit or otherwise
make available any Content that infringes any
patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any
party;
g. upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized
advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation,
except in those areas (such as the “Spam
Board”) that are designated for such purpose;
h. upload, post, email, transmit or otherwise
make available 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;
i. disrupt the normal flow of dialogue, or
otherwise act in a manner that negatively
affects other users' ability to engage in real
time exchanges;
j. 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;
k. intentionally or unintentionally violate
any applicable local, state, national or
international law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other
users.
You acknowledge that Online Wedding Inc. does
not pre-screen Content, but that Online
Wedding Inc. and its designees shall have the
right (but not the obligation) in their sole
discretion to refuse, edit, or remove any
Content that is available via the Service;
this includes removal of any Content that
violates the TOS. 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 Online Wedding Inc. or
submitted to Online Wedding Inc., including
without limitation information in Online
Wedding Inc. Message Boards, Online Wedding
Inc. Vendor listings, and in all other parts
of the Service.
You acknowledge and agree that Online Wedding
Inc. 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 TOS; (c) respond to claims
that any Content violates the rights of
third-parties; or (d) protect the rights,
property, or personal safety of Online Wedding
Inc., its users and the public. 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.
6 . MEMBER SERVICES
Each company/person is only allowed one
account, with free or paid listing. Violation
of this term will be treated as theft of
services, and will be vigorously pursued with
legal action and/or removal of advertising,
and being banned from Online Weddings Inc
Networks. All paid members and advertisement
banners are shown on random basis and Online
Wedding Inc. does not guarantee that your
advertising will show on a constant bases.
Renewal notices will be sent by email to the
email address on file and/or sales
representative point of contact.
Non-paying members are only given a free link
to their website, and a limited amount of
traffic that is determined on a month-to-month
basis, on a over all performance. All other
services that are provided on Online Wedding
Inc. are limited to paid members. Some
services may be accessible by 'surfers'
however are not included as a free service to
non-paying members.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet,
you agree to comply with all local rules
regarding online conduct and acceptable
Content; including United States or the
country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR
INCLUSION ON THE SERVICE
Online Wedding Inc. does not claim ownership
of Content you submit or make available for
inclusion on the Service. However, with
respect to Content you submit or make
available for inclusion on publicly accessible
areas of the Service, you grant Online Wedding
Inc. the following world-wide, royalty free
and non-exclusive license(s), as applicable:
With respect to Content you submit or make
available for inclusion on publicly accessible
areas of Online Wedding Inc. Vendor Listings,
Online Wedding Inc. Message Boards, Online
Wedding Inc. Articles, and all other public
services not mentioned herein, the license to
use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such
Content on the Service solely for the purposes
of providing and promoting the specific Online
Wedding Inc. Vendor Listings, Online Wedding
Inc. Message Boards and Online Wedding Inc.
Articles, and all other public services not
mentioned herein to which such Content was
submitted or made available. This license will
exists indefinitely or until Online Wedding
Inc. removes such content from the service.
With respect to Content other than photos,
graphics, audio or video you submit or make
available for inclusion on publicly accessible
areas of the Service other than Online Wedding
Inc. Vendor Listings, Online Wedding Inc.
Message Boards, Online Wedding Inc. Articles,
the perpetual, irrevocable and fully sub
license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform
and publicly display such Content (in whole or
in part) and to incorporate such Content into
other works in any format or medium now known
or later developed. "Publicly accessible"
areas of the Service are those areas of the
Online Wedding Inc. network of properties that
are intended by Online Wedding Inc. to be
available to the general public. By way of
example, publicly accessible areas of the
Service would include Online Wedding Inc.
Vendor Listings, Online Wedding Inc. Message
Boards, Online Wedding Inc. Articles that are
open to both members and visitors.
9. INDEMNITY
You agree to indemnify and hold Online Wedding
Inc., 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,
transmit or make available through the
Service, your use of the Service, your
connection to the Service, your violation of
the TOS, or your violation of any rights of
another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial
purposes, any portion of the Service, use of
the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that Online Wedding Inc. may
establish general practices and limits
concerning use of the Service, including
without limitation the maximum number of days
that email messages, message board postings or
other uploaded Content will be retained by the
Service, the maximum number of email messages
that may be sent from or received by an
account on the Service, the maximum size of
any email message that may be sent from or
received by an account on the Service, the
maximum disk space that will be allotted on
Online Wedding Inc.'s servers on your behalf,
and the maximum number of times (and the
maximum duration for which) you may access the
Service in a given period of time. You agree
that Online Wedding Inc. has no responsibility
or liability for the deletion or failure to
store any messages and other communications or
other Content maintained or transmitted by the
Service. You acknowledge that Online Wedding
Inc. reserves the right to log off accounts
that are inactive for an extended period of
time. You further acknowledge that Online
Wedding Inc. reserves the right to change
these general practices and limits at any
time, in its sole discretion, with or without
notice.
12. MODIFICATIONS TO SERVICE
Online Wedding Inc. 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 Online Wedding Inc.
shall not be liable to you or to any third
party for any modification, suspension or
discontinuance of the Service.
13. TERMINATION
You agree that Online Wedding Inc. may, under
certain circumstances and without prior
notice, immediately terminate your Online
Wedding Inc. account, any associated email
address, and access to the Service. Cause for
such termination shall include, but not be
limited to, (a) breaches or violations of the
TOS or other incorporated agreements or
guidelines, (b) requests by law enforcement or
other government agencies, (c) a request by
you (self-initiated account deletions), (d)
discontinuance or material modification to the
Service (or any part thereof), (e) unexpected
technical issues or problems, and (f) extended
periods of inactivity. Termination of your
Online Wedding Inc. account includes (a)
removal of access to all offerings within the
Service; not limited to the deletion of you
Message Board account, and (b) barring further
use of the Service. Further, you agree that
all terminations for cause shall be made in
Online Wedding Inc.'s sole discretion and that
Online Wedding Inc. shall not be liable to you
or any third-party for any termination of your
account, any associated email address, or
access to the Service. Cancellation must
be sent in writing and faxed to 410-628-4008
or by mail to 61 East Padonia Road Suite B
Timonium MD 21093. Cancellation of
advertising will only be executed at the end
of the term.
14. DEALINGS WITH CLIENTS (BRIDES,
ADVERTISERS, ETC.)
Your correspondence or business dealings with,
or participation in promotions of, clients
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
client. You agree that Online Wedding Inc.
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.
15. LINKS
The Service may provide links to other World
Wide Web sites or resources. Because Online
Wedding Inc. has no control over such sites
and resources, you acknowledge and agree that
Online Wedding Inc. 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 Online
Wedding Inc. 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.
16. Online Wedding Inc. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and
any necessary software used in connection with
the Service ("Software") contain proprietary
and confidential information that is protected
by applicable intellectual property and other
laws. You further acknowledge and agree that
Content contained in sponsor advertisements,
such as, copyrights, trademarks, service
marks, patents or other proprietary rights and
laws protect information presented to you
through the Service or advertisers. Except as
expressly authorized by Online Wedding Inc. or
advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create
derivative works based on the Service or the
Software, in whole or in part.
19. ABSOLUTE WEDDINGS BANNER
You may use Online Wedding Inc. banner as an
affiliate link, direct link, or other
advertisement to Online Wedding Inc.. However.
this should only be used in good manner. You
agree that Online Wedding Inc. is not
limitable for the incorrect use of its banner
on your behalf, or third party’s on your
behalf.
20. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. Online Wedding Inc.
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b. Online Wedding Inc. MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM Online Wedding
Inc. OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Online
Wedding Inc. SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF Online Wedding Inc.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
22. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
23. NOTICE
Notices to you may be made via either email or
regular mail. The Service may also provide
notices of changes to the TOS or other matters
by displaying notices or links to notices to
you generally on the Service.
24. TRADEMARK INFORMATION
Online Wedding Inc., the Online Wedding Inc.
logo, Online Wedding Inc. banners, and other
Online Wedding Inc. logos, product, and
service names are trademarks of Online Weddings Inc.
Without Online Wedding Inc.'s prior
permission, you agree not to display or use in
any manner, the trademarks of Online Wedding
Inc..
25. COPYRIGHTS and COPYRIGHT AGENTS
Online Wedding Inc. respects the intellectual
property of others, and we ask our users to do
the same. If you believe that your work has
been copied in a way that constitutes
copyright infringement, or your intellectual
property rights have been otherwise violated,
please provide a Online Wedding Inc.'s Agent
the following information: an electronic or
physical signature of the person authorized to
act on behalf of the owner of the copyright or
other intellectual property interest;
a description of the copyrighted work or other
intellectual property that you claim has been
infringed;
a description of where the material that you
claim is infringing is located on the site;
your address, telephone number, and email
address;
a statement by you that you have a good faith
belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
a statement by you, made under penalty of
perjury, that the above information in your
Notice is accurate and that you are the
copyright or intellectual property owner or
authorized to act on the copyright or
intellectual property owner's behalf.
Online Wedding Inc.'s Agent for Notice of
claims of copyright or other intellectual
property infringement can be reached as
follows:
By mail:
Online Weddings Inc Copyright Department
61 E. Padonia Road Suite B
Timonium MD 21093
By email: techsupport@wwwweddings.com
26. GENERAL INFORMATION
The TOS constitute the entire agreement
between you and Online Wedding Inc. and govern
your use of the Service, super-ceding any
prior agreements between you and Online
Wedding Inc.. You also may be subject to
additional terms and conditions that may apply
when you use affiliate services, third-party
content or third-party software. The TOS and
the relationship between you and Online
Wedding Inc. shall be governed by the laws of
the State of Virginia without regard to its
conflict of law provisions. You and Online
Wedding Inc. agree to submit to the personal
and exclusive jurisdiction of the courts
located within the county of Baltimore, MD.
The failure of Online Wedding Inc. to exercise
or enforce any right or provision of the TOS
shall not constitute a waiver of such right or
provision. If any provision of the TOS is
found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree
that the court should endeavor to give effect
to the parties' intentions as reflected in the
provision, and the other provisions of the TOS
remain in full force and effect. You agree
that regardless of any statute or law to the
contrary, any claim or cause of action arising
out of or related to use of the Service or the
TOS must be filed within one (1) year after
such claim or cause of action arose or be
forever barred. The section titles in the TOS
are for convenience only and have no legal or
contractual effect.
27. VIOLATIONS
Please report any violations of the TOS to
techsupport@wwwweddings.com
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