WeddingAces® Terms and Conditions
Updated: November 25, 2008
ACCEPTANCE OF TERMS
We encourage you to review this page periodically because any changes will be binding on you. This Agreement may not be modified, amended, and/or changed by you in any manner; This Agreement is effective on December 15, 2008 for all users.
1. NEUTRAL VENUE AND USER-GENERATED CONTENT
WeddingAces® is a neutral venue. By using the Site, you understand that all Blog Comments, Board Posts and Comments, (”User Generated Content” or “Content”) posted on, transmitted through, or linked from the Site, are the sole responsibility of the person or entity from whom such Content originated. More specifically, you are entirely responsible for each individual item (”Submitted Information”) of Content that you post, email or otherwise make available via the Site. You understand that WeddingAces® does not control, and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. WeddingAces® is not responsible for any User Generated Content. Furthermore, the Site and Content available through the Site may contain links to other websites, which are completely independent of WeddingAces®. WeddingAces® makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on the Content, and that under no circumstances will WeddingAces® be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site. You acknowledge that WeddingAces® does not pre-screen or approve Content, but that WeddingAces® shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of this Agreement or for any other reason.
2. THIRD PARTY CONTENT, SITES, AND SITES
The WeddingAces® site and Content available through the Site may contain features and functionalities that may link you or provide you with access to third party Content which is completely independent of WeddingAces®, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or Sites, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or Sites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that WeddingAces® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that WeddingAces® is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release WeddingAces®, its officers, employees, owners, agents and successors in rights from claims, demands and damages of every kind or nature (including actual and consequential), known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.”
3. NOTIFICATION OF CLAIMS OF INFRINGEMENT
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 notify WeddingAces®’ agent for notice of claims of copyright or other intellectual property infringement (”Agent”), at
Please provide our Agent with the following Notice:
a) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
WeddingAces® will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
5. INFORMATION THAT YOU SUBMIT AND SITE CONDUCT
By posting Submitted Information to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to WeddingAces® an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty free worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submitted Information for any purpose and in any format including, but not limited to, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submitted Information, and to grant and authorize sublicenses of the foregoing. You may remove your Submitted Information from the Site at any time; however you acknowledge that WeddingAces® may retain archived copies of your Submitted Information and may continue to use your Submitted Information in connection with any materials that were created prior to your removal of your Submitted Information, in accordance with the license described above.
Furthermore, by posting Submitted Information, you expressly represent and warrant the following: (1) you are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the Site; or (2) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information.
- Will not contain your personal information
- Will not contain another person's personal information or otherwise invade another's privacy
- Will not violate or possibly cause us to violate any applicable law, statute, ordinance or regulation
- Will not violate the terms of this Agreement
- Will not infringe any third party's intellectual property rights including but not limited to copyright, patent, trademark or other proprietary rights
- Will not contain obscene, lewd, or suggestive content and or pornography
- Will not be libelous, threatening, harassing, racist, or defamatory. This specifically includes making legal claims of any sort about WeddingAces® employees, agents, other members, or the Site
- Will not contain the proprietary information of another person or entity
- Will not contain any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Site or our systems and or create or impose a large burden or load on our Site or systems
- Will not scan or test the vulnerability or security of our Site or the system within which it operates
- Will not be used for commercial or public purposes outside of the requirements of this Agreement
- Will not create liability for WeddingAces® or WeddingWire in any manner whatsoever
- Will not involve the upload, or insertion of, any programming language or code into or onto, our Site
You further agree not to impersonate or attempt to disguise or conceal the author of any Submitted Information. We reserve the absolute right, but do not have the obligation, to remove or restrict any Submitted Information for any reason or no reason at all, including but not limited to Submitted Information you post to the Site that is in violation of this Agreement or is otherwise inappropriate, as determined in WeddingAces®’ sole discretion. In addition, we reserve the right to terminate User accounts who violate these rules.
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for and will indemnify us from all damages incurred as a result of any of your Submitted Information.
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
7. ACCOUNT FLAGGING SYSTEM/REPORT ABUSE
The Site is self-policed by the WeddingAces®’ community via a flagging system. The flagging system is used to communicate the violations of this Agreement. You are able to ‘flag' certain texts/content that do not comply with this Agreement. A "Flag as Inappropriate" link will appear on certain pages. When accessed, the popup window will appear asking the user to specify the reason for the violation. This information will then be sent to WeddingAces® for investigation. If the violation is deemed legitimate by WeddingAces® staff in its sole discretion, either a warning, suspension or membership termination may be issued to the violating member. You agree not to flag any content that you do not in good faith believe is inappropriate.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to WeddingAces® email addresses or through WeddingAces® computer systems, which is expressly prohibited by this Agreement, will use or cause to be used servers located in California. Any unauthorized use of WeddingAces®’ computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. LIMITATIONS ON SITE
You acknowledge that WeddingAces® may establish limits concerning use of the Site, including the maximum number of days that Content will be retained by the Site, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Site, and the frequency with which you may access the Site. You agree that WeddingAces® has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. You acknowledge that WeddingAces® reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that WeddingAces® shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
10. SITE ACCESS
WeddingAces® grants you a limited, revocable, nonexclusive license to access the Site for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by WeddingAces®.
A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file
Use of the Site beyond the scope of authorized access granted to you by WeddingAces® immediately terminates permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Site or any Content made available via the Site for other purposes (including commercial purposes) not stated herein, you must first obtain a license from WeddingAces®.
11. RIGHT TO REJECT AND TERMINATE
You agree that WeddingAces®, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if WeddingAces® believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that WeddingAces® shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after termination. Sections 1, 2, 3, 4, 5, 6, 9, 11, 12, 13, 14, 15, 16, 18 and 19 shall survive termination of this Agreement.
Remedies for use of our Site that violate this Agreement include, but are not limited to, the immediate termination of your account, notifying our other users of your actions, issuing a warning (including a public warning), temporarily suspending your membership, and monetary compensation and injunctive.
13. NO WARRANTIES
WeddingAces®, OUR EMPLOYEES, AND OUR SUPPLIERS PROVIDE THE SITE AND THE SERVICES THEREON "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WeddingAces® FURTHER DOES NOT WARRANT THAT THIS SITE OR ANY INFORMATION, SERVICES OR TOOLS OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, COMPLETE OR CURRENT, OR WILL GIVE ACCURATE, COMPLETE OR CURRENT RESULTS; THAT OPERATION OF THE SITE, INCLUDING TOOLS OR OTHER SERVICES OFFERED ON THE SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY ERRORS ON THE SITE WILL BE CORRECTED. WeddingAces® DOES NOT REPRESENT OR WARRANT THAT DATA YOU STORE ON THE SITE (FOR EXAMPLE, IN CONNECTION WITH TOOLS) WILL BE SECURE, AVAILABLE OR PRESERVED. WeddingAces® DOES NOT REPRESENT OR WARRANT THAT ALL TOOLS OR OTHER SERVICES ON THE SITE WILL CONTINUE TO BE OFFERED.
14. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WeddingAces®, OUR EMPLOYEES, OR OUR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SITE, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OUR LIABILITY, AND THAT OF OUR EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
You agree to defend, indemnify and hold us and our affiliates, officers, directors, shareholders, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising in any manner in whole or in part out of your use of the Site, including but not limited to (i) your advertising, provision of or failure to pay for goods or services promoted on the Site; and (ii) claims that any of your Submitted Information includes materials owned by third parties, was defamatory or harassing, or otherwise violated the rights of any third party.
16. GOVERNING LAW; VENUE AND JURISDICTION
By visiting or using the Site, you agree that the laws of the State of Maryland, without regard to principles of conflict of laws of any state or jurisdiction, will govern this Agreement and access to the Site and any dispute of any sort that might arise between you and WeddingAces® or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Maryland, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Maryland.
WeddingAces® uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Site can be interrupted by numerous factors outside of our control.
Disputes between you and WeddingAces® regarding the Site should be reported to firstname.lastname@example.org. We will attempt to resolve any disputes you have with us. Any claim or controversy arising out of or relating to your use of this Site, to the goods or services provided through WeddingAces®, this Agreement, or to any acts or omissions for which you may contend WeddingAces® is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be conducted in Maryland. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to WeddingAces®. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in Maryland. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND WeddingAces® WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using the Site, you consent to these restrictions.
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by WeddingAces® to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of arbitration or litigation involving the enforcement or interpretation of this Agreement. You agree that other than affiliates or subsidiaries of WeddingAces®, there are no intended third-party beneficiaries of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.