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Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to TopWeddingWebsites.com, a Precision Marketing
Solutions, Inc. site. We provide our 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 are
interested in this kind of thing, please check back periodically
for updates. In addition, when using our services, you shall
be subject to any posted guidelines or rules applicable to
such services which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into
the TOS.
2. DESCRIPTION OF SERVICE
TopWeddingWebsites.com currently provides users with access
to a collection of wedding-related resources (the "Service").
You also understand and agree that the Service may include
advertisements and that these advertisements are necessary
for TopWeddingWebsites.com to provide the Service. You understand
and agree that the Service is provided "AS-IS" and that TopWeddingWebsites.com
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 or your site 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. PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy
policy.
5. MEMBER ACCOUNT, PASSWORD
AND SECURITY
If you operate a wedding website and wish to be listed
on TopWeddingWebsites.com, you will 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 TopWeddingWebsites.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. We will not be held
liable for any loss or damage arising from your failure to
comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, 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, and not
TopWeddingWebsites.com, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available
via the Service. TopWeddingWebsites.com 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 we 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, tortious, defamatory, vulgar, obscene, libelous,
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 TopWeddingWebsites.com 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;
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, cause a screen to "scroll"
faster than other users of the Service are able to type, 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 we do
not pre-screen Content, but that TopWeddingWebsites.com and
its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that
is available via the Service. Without limiting the foregoing,
TopWeddingWebsites.com and its designees shall have the right
to remove any Content that violates the TOS 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.
You acknowledge and agree
that we 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
TopWeddingWebsites.com, 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.
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. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical
data exported from the United States or the country in which
you reside.
8. CONTENT SUBMITTED OR
MADE AVAILABLE FOR INCLUSION ON THE SERVICE
We do 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 us 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 our site, 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 area
of our site to which such Content was submitted or made available.
This license exists only for as long as you elect to continue
to include such Content on the Service and will terminate
at the time you remove or we remove such Content from the
Service.
9. INDEMNITY
You agree to indemnify and hold TopWeddingWebsites.com
and Precision Marketing Solutions, 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 we may establish general practices
and limits concerning use of the Service. You agree that TopWeddingWebsites.com
has no responsibility or liability for the deletion or failure
to store any links, messages and other communications or other
Content maintained or transmitted by the Service. You further
acknowledge that we reserve the right to change these general
practices and limits at any time, at our sole discretion without
notice.
12. MODIFICATIONS TO SERVICE
We reserve 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 TopWeddingWebsites.com 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 TopWeddingWebsites.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 we believe that you have violated or
acted inconsistently with the letter or spirit of the TOS.
TopWeddingWebsites.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
TOS may be effected without prior notice, and acknowledge
and agree that we 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 TopWeddingWebsites.com shall not be
liable to you or any third-party for any termination of your
access to the Service.
14. 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 TopWeddingWebsites.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.
15. LINKS
The Service provides links to other World Wide Web sites
or resources. Because we have no control over such sites and
resources, you acknowledge and agree that we are not responsible
for the availability of such external sites or resources,
and do not endorse and are 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 TopWeddingWebsites.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.
16. OUR 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
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly
authorized by us, our providers or our 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. You agree not to access the Service by any
means other than through the interface that is provided by
us for use in accessing the Service.
17. 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. TOPWEDDINGWEBSITES.
COM 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. WE MAKE 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 TOPWEDDINGWEBSITES.COM OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOPWEDDINGWEBSITES.COM
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 TOPWEDDINGWEBSITES.COM 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.
19. 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.
20. 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.
21. COPYRIGHTS and COPYRIGHT
AGENTS
We respect 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 notify us of same.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
TopWeddingWebsites.com and govern your use of the Service,
superceding any prior agreements between you and us. 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 TopWeddingWebsites.com shall be governed by the laws
of the State of New York without regard to its conflict of
law provisions. You and TopWeddingWebsites.com agree to submit
to the personal and exclusive jurisdiction of the courts located
within Suffolk County, New York. The failure of TopWeddingWebsites.com
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.
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