Updated Oct 4, 2016
1. Conditions of Use
Welcome to www.weddingful.com ("Weddingful"), the "Site". The Site provides an interactive online service, consisting of information services and content facilitated through Weddingful and affiliates of Weddingful or Vendors ("Vendors").
4. Use of Our Service
The right to use this Site is personal to the End User and is not transferable to any other person or entity. Weddingful shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Weddingful may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other characteristics.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site.
4.2. User Registrations
End Users are required to create an account in order to use some of the site features. In registering for an account, you acknowledge and represent that you are an individual who can form legally binding contracts under applicable law. You are responsible for keeping your user name, email address and password confidential and agree to accept responsibility for all activities that occur under your account and password. You further guarantee that the information you supply to Weddingful is accurate. Falsifying or omitting contact information such as a member's name, address, and/or telephone number when registering is not permitted. When using Weddingful you must obey all applicable local, provincial, federal and international laws.
4.3. END USER CONDUCT
The foregoing provisions of this Section 4.3 apply equally to and are for the benefit of Weddingful, its subsidiaries, affiliates, Vendors and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Weddingful a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations and to sublicense such rights through multiple tiers of sublicensees.
5. User Content
Some areas of the Site allow End Users to post content such as photos and profile information, comments, questions, and other content or information (any such materials an End User submits, posts, displays, or otherwise makes available on the Service are referred to as "Your Content"). Content on Weddingful comes from third party data providers and other public records and often from End Users in the Weddingful Community. Weddingful does not remove Content from the Site or the Microsites, except in accordance with these Terms.
By posting content, you agree NOT to:
1.1.i. Write fake or defamatory reviews, trade reviews with other businesses or compensate others to remove or write reviews;
1.1.ii. Violate any third party's rights, including copyright, trademark, trade secret, moral right, privacy right or any other intellectual property right;
1.1.iii. Promote a business or other event except in connection with a Vendor Account, as permitted by Weddingful;
1.1.iv. Threaten, harm, or harass others, or promote bigotry or discrimination;
5.2. Permission to Use Your Content
Any posts made by you on the Weddingful Site, including reviews and comments, suggestions, ideas, questions or other information, is considered ‘Your Content'. We may use Your Content in a number of ways, including displaying it on Weddingful, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us permission to use Your Content for any purpose. You also irrevocably grant Weddingful's other users and the users of any Other Media the right to access Your Content in connection with their use of Weddingful and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims or statements made by you and any rights of attribution with respect to Your Content.
5.3. Responsibility for your Content
You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
5.5. User Suspension and/or Termination
End User acknowledges that all discussion for ratings, comments, messages or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge.
6. Advertising Fees & Payments
Our advertising fee structures & payments may be changed from time to time. All advertising payments is in USD and are non-refundable. Payments are due when user places the order online. All payments can automatically recur on a month-to-month basis, unless a longer term has been purchased and paid for in advance or the user has cancelled a future payment charge in advance before the next month’s charge. Annual, 3-month, and 6-month memberships will automatically renew at the normal published monthly rate, unless the Merchant renews for a longer rate in advance. Vendors are responsible for stopping their next month’s charge using the cancel functions in their account before their monthly billing cycle. Advertising services will deduct the advertising balance in each user’s account.
This Agreement, including the Terms of Sale set forth above (which are incorporated into this Agreement), and any operating rules for Weddingful established by Weddingful, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
7.1. Governing Law and Jurisdiction
Weddingful Headquarters are located in Vancouver, British Columbia, Canada. This Agreement and your use of Weddingful shall be interpreted and governed in accordance with the laws of the Province of British Columbia, Canada. You agree that jurisdiction over and venue of any legal proceeding directly or indirectly arising out of or relating to Weddingful shall be held in the provincial or federal courts located in British Columbia, first under the Arbitration Act in the Province of British Columbia, Canada. In the event that arbitration is sought, the parties hereby agree to share any associated costs subject to the findings of the arbitrator.
7.2. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Weddingful in connection with the Service, shall constitute the entire agreement between you and Weddingful concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
7.3. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Weddingful's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
7.4. Website Availability
End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Weddingful, and Weddingful shall not be responsible for any data lost while transmitting information on the Internet.
While it is Weddingful's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Weddingful, access to the Site may be interrupted, suspended or terminated from time to time.
Condition and section headings are for convenience of reference only and shall not affect the interpretation of this Agreement and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Weddingful shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
8. Third-party Content
Weddingful, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Weddingful has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Weddingful.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, End User, or other user not under contract with Weddingful. Weddingful neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Weddingful by anyone other than authorized Weddingful employee spokespersons while acting in official capacities. Under no circumstances will Weddingful be liable for any loss or damage caused by an end user's reliance on information obtained through Weddingful. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Weddingful.
Weddingful contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Weddingful of the contents on such third-party sites, and Weddingful hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Weddingful expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. Weddingful reserves the right to revoke its consent to any link at any time in its sole discretion.
9. Intellectual Property
Everything located on or in this Site, including the Microsites, is the exclusive property of Weddingful, or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF WEDDINGFUL, IS STRICTLY PROHIBITED. Any violation of these Terms may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the Canadian copyright laws. Weddingful owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Weddingful or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with Weddingful shall not be deemed to be in the public domain but rather the exclusive property of Weddingful, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Weddingful unless otherwise stated. End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Weddingful does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted Weddingful the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User hereby grants Weddingful the rights to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.
The foregoing provisions of Section 11 apply equally to and are for the benefit of Weddingful, affiliates, Vendors and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
10. Copyright Policy
Weddingful reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Weddingful by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Weddingful with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; © a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
11. User Indemnification/Release of Weddingful
End User agrees to defend, indemnify and hold harmless Weddingful, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites. End User is solely responsible for interactions with Vendors and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases Weddingful from any and all claims or liability related to any product or service of a Vendor, any action or in-action by Vendor, including Vendor's failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
12. Disclaimer of Warranty
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER WEDDINGFUL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, Vendors, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT WEDDINGFUL MAY NOT MONITOR, CONTROL OR VET USER CONENT. AS SUCH, YOUR USE OF THE SITE AND THE MICROSITES IS AT YOUR OWN DISCRETION AND RISK. WEDDINGFUL HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, VendorABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE.
WEDDINGFUL DISCLAIMS LIABILITY FOR
i. INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES;
ii. LOSS OF PROFITS;
iii. BUSINESS INTERRUPTION;
iv. REPUTATIONAL HARM; OR
v. LOSS OF INFORMATION OR DATA
13. Limitation of Liability
IN NO EVENT SHALL WEDDINGFUL, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL WEDDINGFUL'S LIABILITY IN CONNECTION WITH A WEDDINGFUL VOUCHER EXCEED THE AMOUNTS PAID FOR SUCH WEDDINGFUL VOUCHER, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
Weddingful may terminate this Agreement at any time. Without limiting the foregoing, Weddingful shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Weddingful, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 3, 4, 5, 7, 9, 10, 11, 12, 13 and 14 will survive termination of this Agreement. The provisions of Section 6 does hereby survive termination of this Agreement for a period of 24 months.
15. Contact Us
If you have questions, regarding this Agreement, please contact us at firstname.lastname@example.org