Terms of Use


TERMS OF USE: USER AGREEMENT

WWW.WEDDINGWED.COM

February, 2010

Welcome to WeddingWed.

Please review the following terms of use ("Terms of Use" or "Agreement") that governs your use of WeddingWed.com and other services (the "Services") offered on www.WeddingWed.com (the "Site"). Services are operated by Yousual LLC (“The Company”, "us" or "we”). This Agreement governs your use of the Services offered on WeddingWed.com, including participation in any public areas, such as social networking, blogs, review areas, or bulletin boards (the "Public Areas"), provided by www.WeddingWed.com. The term "User" refers to a Visitor (you browse the Site and Services without being registered) or a Member (you are registered with WeddingWed.com). By accessing or using the web site at www.WeddingWed.com or by posting an external link on your site, you (the "User") signify that you have read, understand, and agree to be bound by this Agreement. Your use of and/or registration for any Services will corroborate that you acknowledge, accept, and comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, please do not use or access (or continue to use or access) the Service or the Site and exit WeddingWed.com. As a User, it is your responsibility to regularly check the Site for updates to these Terms of Use and to inform yourself of such changes.

 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE

Yousual LLC reserves the right, at any time and without prior notice, to alter, add, or delete sections or portions of this Agreement. The date of the most recent revision will appear on this page. Continued access to the site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. Yousual LLC also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of WeddingWed.com, and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.

ELIGIBILITY & REGISTRATION

Membership in the Service and/or Site is void where prohibited. This Site is intended only for Users who are thirteen (13) years of age or older. We do not knowingly collect personally identifiable information from users under the age of 13. Children under 13 years of age should not send any information about themselves to the Site. If a child under 13 years of age submits information through any part of WeddingWed.com, and the Company becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible. Any registration by, use of, or access to the Site by anyone under 13 years old is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Service or the Site, you imply and affirm that you are at least 13 years of age and that you agree to and abide by all of the terms and conditions of this Agreement. Your profile may be deleted and your use of the Services may be terminated without warning if:

· we have evidence to suspect that you are under 13 years of age

· we have evidence to suspect you are over 18 and represent yourself as under 18

· we have evidence to suspect that you are under 18 years of age and you represent yourself as 18 or older.

To register, you will need to provide the Site with certain information, including your name, gender, birthday, and email address. We will assist you in creating a user id and a password to protect your account information. In consideration of your use of the Site, you represent and warrant that:

All registration information is accurate, current, and complete.

You will maintain and promptly update your registration information, and any other information you provide to the Company.

You will maintain the security of your password and identification.

Your use of the Services does not violate any applicable law or regulation.

You are fully responsible for all use of your account including any actions that take place using your account.

 WeddingWed.COM IS FOR USE IN THE UNITED STATES

WeddingWed.com is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of WeddingWed.com, by visiting our website, using its Services and/or providing us with any Content, you agree to comply with all federal and state U.S. laws governing the Site, its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. Additionally, software available in connection with the Site is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Site and the Services is at your own risk.

GUIDELINES AND TERMS OF USE FOR USERS

As part of creating the ultimate pet social networking experience for you, WeddingWed encourages online community participation and user-created content that includes posting of video, pictures, blogging, blog participation (through comments, discussion, posting of reviews, and using other blog tools) , personal profiles, and other forms of content generated by our users ("User Generated Content"). In addition to our Terms of Use, these User Guidelines and Terms of Use for Users (The “Guidelines") apply to all users of WeddingWed.com who:

· Create, maintain and/or manage blogs that appear on the Site and/or any of the Sites linked to WeddingWed.com.

· Create and/or manage any other form of User-Generated Content that appears on WeddingWed.com, including but not limited to text, images, information, comments and reviews, personal profiles, style pages, photos and graphics

· Create comments on and/or trackbacks to blogs and/or other content that appears on WeddingWed.com

· Use, quote, cite, forward or re-publish any of the User-Generated Content on WeddingWed.com.

The foregoing users of WeddingWed.com are referred to in these Guidelines as "Participating Users."

The Guidelines exist to assist WeddingWed.com in establishing a successful online community for all Users to benefit from. As set forth in the User Conduct and Guidelines Document, these Guidelines establish certain limits for the creation and posting of User-Generated Content on WeddingWed.com. WeddingWed.com reserves the right at any time, without notice, to remove from the site any User-Generated Content and to bar any Participating User from posting User-Generated Content to WeddingWed.com. Further, WeddingWed may change these Guidelines at any time without prior notice by updating this page on WeddingWed.com.

These Guidelines address:

· Prohibitions on the posting of Unacceptable User-Generated Content

· Protection of intellectual property rights of third parties

· Other requirements that apply to your posting of User-Generated Content.

By using WeddingWed.com and posting User-Generated Content to WeddingWed.com, you agree to adhere to these Guidelines. You also agree to abide by our User Conduct and Guidelines that provides further information regarding the authorized and prohibited conduct of users on Wedding Wed.

You further agree to indemnify WeddingWed.com, Yousual LLC and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions of User-Generated Content, from your unauthorized use of User-Generated Content, and from your non-compliance with these Guidelines and WeddingWed.com's Terms of Use.

OWNERSHIP OF THE SITE AND SITE INFORMATION

WeddingWed.com is owned and operated by Yousual LLC. Unless otherwise noted, the design and content features on WeddingWed.com, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, pictures, text, data, audio sound, video, music, software, application and the like, as well as the selection, assembly, and arrangement thereof (the "Site Information"), are owned by Yousual LLC or its affiliates or are licensed from third party service providers by Yousual LLC. The site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and/or other intellectual property and other proprietary rights, and all other applicable rights are reserved.

Site Information is provided "as is" with all faults. Use of Site Information, as authorized herein, is at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. WeddingWed.com may change, delete or update any Site Information at any time and without prior notice. Except as set forth in this Agreement, the Company does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Therefore, the use of any data mining, robots, scraping or similar data gathering or extraction methods are also strictly prohibited.

 

ACCESS TO SITE INFORMATION

Due to the nature of the Site, if you are eligible for use of the Site, you are allowed to access and use the Site and Site Information via a special privilege (“Restricted Authorization”). Additionally, this Restricted Authorization, allows you to download or print a copy of any portion of the Site Information to which you have appropriately gained access only for your personal, non-commercial use, provided that you comply by all copyright or other proprietary notifications. Except for your own User Information, you may not upload or republish Site Information on any Internet, Intranet, or Extranet site or incorporate the information in any other database or assemblage, and any other use of the Site Information is strictly forbidden.

Your right to use and access the Site and the Services is personal to you. You may not authorize others to use the Site and the Services, and you are responsible for all use of the site and the Services by you and by those you allow to use, or provide access to, the site and the Services. You agree to use the site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. The Company is not liable to you or any third person.

UNACCEPTABLE CONTENT

WeddingWed may make certain Services available to registered users and facilitate such users' ability to post content, including information, text, images, video, photographs, graphics, music, comments and reviews, discussion or bulletin board postings and other materials ("Content"), to Public Areas and/or private portions of WeddingWed.com, subject to the restrictions set forth in this Agreement. If you post any Content to any portion of WeddingWed.com, you agree not to post any unacceptable Content ("Unacceptable Content"). Unacceptable Content includes, but is not limited to, Content that is:

· Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts.

· Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk, or threaten a person.

· Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy.

· Offers or disseminates any fraudulent goods, services, schemes or promotions, including any "make money fast" schemes or pyramid schemes.

· Is libelous, defamatory, or knowingly false or misrepresents another person.

· Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity.

· Promotes an illegal or unauthorized copy of another person's copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party, or is posted without the express permission of the owner(s) of such rights.

· Includes any material that is encrypted or that involves the transmission of "junk mail," unsolicited mass mailing, data mining, spamming, or unauthorized advertising.

· Is harmful to WeddingWed or any other party's systems and networks, including any transmissions which may damage, interfere with, covertly intercept, or sequester any system, program, data or personal information.

· Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any person/third party.

· Consists of any other Content that WeddingWed in its sole discretion deems to be Unacceptable Content.

 USE OF CONTENT AND SUBMISSIONS SUPPLIED BY YOU

For information regarding use of personal information you provide or communicate to WeddingWed, please see our Privacy Policy. By posting Content or engaging in any other form of communication through WeddingWed.com, you grant WeddingWed.com and Yousual LLC to represent and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit and distribute such Content or communication and to prepare derivative works of, or incorporate into other works, and to grant and authorize sub-licenses of the foregoing, for any purpose, including commercial purposes.

Submissions, including comments, suggestions, questions, feedback, ideas, and/or other information, presented by users to the Company are non-confidential and will become sole property of Yousual LLC. Yousual LLC will be entitled to the unrestricted use and dissemination of these submissions for any purpose and without acknowledgment or compensation to you. The Company will own all exclusive rights, including all intellectual property rights.

CONTENT POSTED BY USERS IS NOT ENDORSED BY WEDDINGWED.COM

WeddingWed.com does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on WeddingWed.com. Any Content placed on WeddingWed.com, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of WeddingWed.com, Yousual LLC or its third party service providers. WeddingWed reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on WeddingWed.com, in its sole discretion, without notice. You agree that WeddingWed and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content posted to WeddingWed.com by others, including Unacceptable Content that violates this Agreement.

THIRD PARTY LINKAGES

You acknowledge that WeddingWed.com has not reviewed and does not endorse the content of third party sites linked to and from WeddingWed.com and is not responsible for the content or actions of these other sites, including those third party sites that may display WeddingWed's logo or branding. Your linking through WeddingWed.com to any site is at your own risk.

 SUSPENSION OR TERMINATION OF YOUR USE

Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to WeddingWed's other remedies. WeddingWed further reserves the right to terminate, without notice, any user's access to or use of WeddingWed.com for any reason.

TERMINATION

WeddingWed reserves the right without notice, at any time and for any reason, to terminate your use of WeddingWed.com or any portion thereof or any products or Services offered through WeddingWed.com.

 PRIVACY POLICY

In addition to reviewing this Agreement, you will also need to read our Privacy and Security Policy to better comprehend how we collect and handle your personal information. Your use of the site and its Services constitutes your agreement to its terms and conditions.

COPYRIGHT COMPLAINTS

WeddingWed respects the intellectual property of others, and we ask our users to do the same. WeddingWed.com may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on WeddingWed.com in a way that constitutes copyright infringement, or that WeddingWed.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify WeddingWed by email by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 USC Section 512.

INDEMNIFICATION

You agree to indemnify WeddingWed and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your Content submissions, from your unauthorized use of the Services or Site Information obtained through WeddingWed.com, or from your breach of this Agreement.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOUSUAL LLC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. WeddingWed, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF WEDDINGWED.COM.

YOUSUAL LLC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY MERCHANDISE ORDERED THROUGH WEDDINGWED.COM, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO WEDDINGWED.COM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE YOUSUAL LLC, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: 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.

THE SECURITY OF WEDDINGWED.COM

We maintain physical, electronic, and procedural safeguards and personnel policies that are designed to guard WeddingWed.com, our systems and our customers' personal information. For example, for the security of your online visit to WeddingWed.com, we may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Yousual LLC cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with WeddingWed.com.

 ELECTRONIC COMMUNICATIONS

When you visit WeddingWed.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on WeddingWed.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

JURISDICTION AND GOVERNING LAW

WeddingWed makes no representation that the Site Information, the Services or products offered through WeddingWed.com are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through WeddingWed.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Massachusetts and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in Massachusetts. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

TRADEMARK NOTICE

"WeddingWed" and "WeddingWed.com" and the WeddingWed and WeddingWed.com logos are trademarks of Yousual LLC. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.

RSS TERMS OF USE

RSS ("Really Simple Syndication") service is a means by which WeddingWed.com offers feeds of story headlines in XML format ("RSS Content") to visitors to WeddingWed.com (the "WeddingWed Site") who use RSS aggregators. These Terms of Use govern your use of the RSS service. The use of the RSS service also is subject to the terms and conditions of the WeddingWed.com’s Terms of Use, which govern the use of the WeddingWed Site and its product information and content. WeddingWed may change the RSS Terms of Use or the WeddingWed.com Terms of Use at any time without notice.

Use of RSS Feeds:

RSS is a free service offered by WeddingWed.com to individuals for private, non-commercial use. Any other uses, including, without limitation, the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS feeds as provided by WeddingWed, and you may not edit or modify the text, content or links supplied by WeddingWed.

Link to Content Pages:

The RSS service may be used only with those platforms, from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the WeddingWed Site. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable WeddingWed Site web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable WeddingWed Site web page.

Ownership/Attribution:

WeddingWed.com retains all ownership and other rights in the RSS Content, and any and all WeddingWed.com logos and trademarks used in connection with the RSS Service. You must provide attribution to the WeddingWed Site in connection with your use of the RSS feeds. If you provide this attribution using a graphic, you must use the WeddingWed Site logo that we have incorporated into the RSS feed.

Right to Discontinue Feeds:

WeddingWed.com reserves the right to discontinue providing any or all of the RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. WeddingWed.com assumes no liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.

ADDITIONAL DETAILS

Failure of the company to act on, implement, or enforce any right or clause of these terms of use will not constitute as a waiver of such right or clause in that or any other instance. Shall any portion of this agreement be deemed invalid; the remainder of these terms of use will remain in effect and in full force. Shall any portion of this agreement be deemed prohibited, void, or cannot be enforced; that provision will be dissolved from these terms of use and will not affect the validity of the remainder of the agreement.

To the full extent allowed by the applicable law, no arbitration or claim under these terms of use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the service and no class arbitration proceeding s shall be permitted. Lastly, in no event shall any claim, action, or proceeding by you related in any way to the site and/or the service including your visit to the or use of the site and/or service) be instituted more than three years after the cause of action occurred.