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This page states the "Terms and Conditions"
under which you may use WeddingSiteMaker.com (Web Site).
Please read this page carefully. If you do not accept the
Terms and Conditions stated here, you will not be able
to use this site. By using this web site, you are indicating
your acceptance of the terms and conditions stated on this
page and you are agreeing to be bound by these terms and
conditions. WeddingSiteMaker.com (WSM) may revise these
Terms and Conditions at any time by updating this posting.
You should visit this page periodically to review the Terms
and Conditions, because they are binding on you. The terms
"You" and "User" as used herein refer
to all individuals and/or entities accessing this web site
for any reason. You also understand and agree that the
service may include certain communications from WSM, such
as service announcements and administrative messages, and
that these communications are considered part of WSM membership
and you will not be able to opt out of receiving them.
USE OF MATERIALS
The Wedding Site Maker provides a web-based tool for you
to make your Wedding Web Site by choosing one of our wedding
site layout designs, choosing page topics from a fixed
topic list and populating the page topic pages with information
you provide using web based forms. Certain pages allow
photo jpg and gif files to be uploaded to our servers for
display in your pages. Upon payment of fees and activation,
your pages can be viewed by your friends and family at
the following url: http://www.weddingsitemaker.com/sites/bride's
last name_and_groom's last name. At this time,
we do not offer unique domain names or hosting.
The contents of this Web Site, such as text, graphics,
images, logos, button icons, software and other "Material",
are protected under both United States and foreign copyright,
trademark and other laws. All Material is the property
of WSM or its content suppliers or clients. The compilation
(meaning the collection, arrangement and assembly) of all
content on this Web Site is the exclusive property of the
Company and protected by U.S. and international copyright
laws. Unauthorized use of the Material may violate copyright,
trademark, and other laws. You must retain all copyright,
trademark, service mark and other proprietary notices contained
in the original Material on any copy you make of the Material.
You may not sell or modify the Material or reproduce, display,
publicly perform, distribute, or otherwise use the Material
in any way for any public or commercial purpose. The use
of the Material on any other web site or in a networked
computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that WSM creates
to generate its pages or Wedding Web Site. It is also protected
by WSM's copyright.
ACCEPTABLE SITE USE.
General Rules: Users may not use the Web Site or your
Wedding Web Site in order to transmit, distribute, store
or destroy material (a) in violation of any applicable
law or regulation, (b) in a manner that will infringe the
copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity
or other personal rights of others, or (c) that is defamatory,
obscene, threatening, abusive or hateful.
Web Site and Wedding Web Site Security Rules. Users are
prohibited from violating or attempting to violate the
security of the Web Site or Wedding Web Site, including,
without limitation, (a) accessing data not intended for
such user or logging into a server or account which the
user is not authorized to access, (b) attempting to probe,
scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper
authorization, (c) attempting to interfere with service
to any user, host or network, including, without limitation,
via means of submitting a virus to the Web Site, overloading,
"flooding", "spamming", "mailbombing"
or "crashing", (d) sending unsolicited e-mail,
including promotions and/or advertising of products or
services, or (e) forging any TCP/IP packet header or any
part of the header information in any e-mail or newsgroup
posting. Violations of system or network security may result
in civil or criminal liability. WSM will investigate occurrences
that may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting users
who are involved in such violations.
SPECIFIC PROHIBITED USES
The Web Site may be used for the sole purpose of creating
a personal wedding web site using the web based tools we
provide and is for the enjoyment and pleasure of friends
and family of the user. WSM specifically prohibits any
use of the Web Site, and all users agree not to use the
Web Site or Wedding Web Site, for any of the following:
Posting false, inaccurate, or incomplete information about
yourself when completing the "Basic Information"
section of the Web Site or any other form on the Web Site
Deleting or revising any material posted by any other
person or entity.
Using any device, software or routine to interfere or
attempt to interfere with the proper working of this Web
Site or any activity being conducted on this site.
Taking any action which imposes an unreasonable or disproportionately
large load on this Web Site's infrastructure.
Using your password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein,
using or attempting to use any engine, software, tool,
agent or other device or mechanism (including without limitation
browsers, spiders, robots, avatars or intelligent agents)
to navigate or search this Web Site other than the search
engine and search agents available from WSM on this Web
Site and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse
engineer any of the software comprising or in any way making
up a part of the Web Site or Wedding Web Site.
Aggregating, copying or duplicating in any manner any
of the materials or information available from the Web
Site or Wedding Web Site.
Framing of or linking to any of the materials or information
available from the Web Site or Wedding Web Site.
upload, post or otherwise transmit 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;
upload, post or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
collect or store personal data about other users;
use the site you make using our service for remote loading
or as a door or signpost to another home page, whether
inside or beyond WSM;
USER INFORMATION
When you register for the Web Site, you will be asked
to provide WSM with certain information including, without
limitation, a valid email address (your "Information").
WSM will not disclose to any third party your name, address,
e-mail address or telephone number without your prior consent,
except to the extent necessary or appropriate to comply
with applicable laws or in legal proceedings where such
information is relevant.
Please see WSM's Privacy
Policy for further details regarding Privacy.
USER SUBMISSIONS
As a user, you are responsible for your own communications
and are responsible for the consequences of your own communications
being posted. You must not, and by using this Web Site
or creating a Wedding Web Siteusing this Web Site you agree
not to, do the following things: post material that is
copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to post it; post
material that reveals trade secrets, unless you own them
or have the permission of the owner; post material that
infringes on any other intellectual property rights of
others or on the privacy or publicity rights of others;
post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another
user or any other person or entity; post a sexually-explicit
image or statement; post advertisements or solicitations
of business, post chain letters or pyramid schemes; impersonate
another person; or post material that contains viruses,
Trojan horses, worms, time bombs, cancelbots or other computer
programming routines or engines that are intended to damage,
detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or information.
WSM does not represent or guarantee the truthfulness,
accuracy, or reliability of communications posted by users
or endorse any opinions expressed by users. You acknowledge
that any reliance on material posted by other users will
be at your own risk.
WSM acts as a passive conduit for the online distribution
and publication of user-submitted information and has no
obligation to screen communications or information in advance
and is not responsible for screening or monitoring material
posted by users. If notified by a user of communications
which allegedly do not conform to these Terms and Conditions,
WSM may investigate the allegation and determine in good
faith and its sole discretion whether to remove or request
the removal of the communication. WSM has no liability
or responsibility to users for performance or nonperformance
of such activities. WSM reserves the right to expel users
and prevent their further access to the Web Site or Wedding
Web Site for violating the Terms and Conditions or the
law and the right to remove communications which are abusive,
illegal, or disruptive. WSM may take any action with respect
to user-submitted information that it deems necessary or
appropriate in its sole discretion, if it believes it may
create liability for WSM or may cause WSM to lose (in whole
or in part) the services of its ISPs or other suppliers.
WSM does not claim ownership of the Content you place
on your Wedding Web Site.
WSM does not pre-screen Content. WSM shall have the right
(but not the obligation) to remove any Content that is
available via the Service that violates the terms of service
or is objectionable.
REGISTRATION AND PASSWORDS
You are responsible for maintaining the confidentiality
of your information and password. You shall be responsible
for all uses of your registration, whether or not authorized
by you. You agree to immediately notify WSM of any unauthorized
use of your registration or password.
Identification Of Agent To Receive Notification And Elements
Of Notification Of Claimed Copyright Infringement.
If you believe that your copyrighted work has been uploaded,
posted or copied to this Web Site and is accessible on
this Web Site in a way that constitutes copyright infringement,
please notify us by providing our designated copyright
agent with the following information:
The physical or electronic signature of either the copyright
owner or of a person authorized to act on the owner's behalf;
A description of the copyrighted work you claim has been
infringed, and a description of the activity that you claim
to be infringing;
Identification of the URL or other specific location on
this web site where the material or activity you claim
to be infringing is located or is occurring; you must include
enough information to allow us to locate the material or
the activity;
Your name, address, telephone number and, if you have one,
your e-mail address;
A statement by you that you have a good faith belief that
use on the web site of the copyrighted work in the manner
you are complaining of is not authorized by the copyright
owner, any agent of the copyright owner, or the law; and
A statement by you, made under penalty of perjury, that
the information you have provided in your notice is accurate
and that you are either the copyright owner or are authorized
to act on behalf of the copyright owner.
TERMINATION
WSM respects the intellectual property of others, and
we ask our users, account holders and content partners
to do the same. The unauthorized reproduction, copying,
distribution, modification, public display or public performance
of copyrighted works constitutes infringement of the copyright
owners' rights. As a condition to your use of this Web
Site, you agree not to use the Web Site to infringe the
intellectual property rights of others in any way. We will
terminate the accounts of any account holders, and block
access to our Web Site of any users, who are repeat infringers
of the copyrights, or other intellectual property rights,
of others. We reserve the right to take these actions at
any time, in our sole discretion, with or without notice,
and without any liability to the account holder who is
terminated or to the user whose access is blocked.
WSM reserves the right, at its sole discretion, to pursue
all of its legal remedies, including but not limited to
deletion of your postings from this Web Site and immediate
termination of your registration with or ability to access
the Web Site and/or any other service provided to you by
WSM, upon any breach by you of these Terms and Conditions
or if WSM is unable to verify or authenticate any information
you submit to the Web Site registration with or ability
to access the Web Site.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit any portion of the Service, use of the Service,
or access to the Service.
MODIFICATIONS TO SERVICE
WSM 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 WSM shall not be liable to you or to any third
party for any modification, suspension or discontinuance
of the Service.
WSM'S LIABILITY
We are under no legal obligation to, and generally do
not, control the information provided by other users which
is made available through the Web Site or Wedding Web Sites.
By its very nature, other people's information may be offensive,
harmful or inaccurate, and in some cases will be mislabeled
or deceptively labeled. We expect that you will use caution
and common sense when using this Web Site and that each
person submitting a posting to the Web Site will be mindful
and in full compliance with the associated pertinent legal
obligations and restrictions.
The Material may contain inaccuracies or typographical
errors. WSM makes no representations about the accuracy,
reliability, completeness, or timeliness of the Web Site
or the Material or of the Wedding Web Sites created by
the Web Site. The use of the Web Site and the Material
is at your own risk. Changes are periodically made to the
Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible
for content and accuracy of any material submitted to the
Web Site for the purpose of creating a Wedding Web Site.
The aggregate liability for WSM to you for all claims
arising from the use of the Materials is limited to $100.
WSM DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE
OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE
WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, WSM IS NOT RESPONSIBLE
FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WSM, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WSM
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT,
GRAPHICS, AND LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL WSM, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA
OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY
TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT WSM IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
LINKS TO OTHER SITES
The Web Site contains links to third party web sites.
These links are provided solely as a convenience to you
and not as an endorsement by WSM of the contents on such
third-party Web sites. WSM is not responsible for the content
of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such
third party Web sites. If you decide to access linked third
party Web sites, you do so at your own risk.
INDEMNITY
You agree to defend, indemnify, and hold harmless the
Company, its officers, directors, employees and agents,
from and against any claims, actions or demands, including
without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Material or
your breach of the terms of these Terms and Conditions.
WSM shall provide notice to you promptly of any such claim,
suit, or proceeding and shall assist you, at your expense,
in defending any such claim, suit or proceeding.
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