
THIS AGREEMENT WAS LAST UPDATED ON JUNE 6, 2006
1. Acceptance of Terms
The Wedding Notebook ("My Wedding Notes") welcomes you. My Wedding Notes
provides its 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. In addition, when using particular My Wedding Notes services, you
and My Wedding Notes shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time to time.
2. Description of Service
My Wedding Notes provides users with access to an online application designed
for group wedding planning, including various communications tools, bulletin
boards, forums, shopping services, search services, organization, personalized
planning and management tool and branded programming through its network
of properties which may be accessed through any various medium or device
now known or hereafter developed (the "Service"). You also understand
and agree that the Service may include advertisements and that these advertisements
are necessary for My Wedding Notes to provide the Service. You also understand
and agree that the Service may include certain communications from My
Wedding Notes, such as service announcements, administrative messages
and the My Wedding Notes Newsletter, and that these communications are
considered part of My Wedding Notes membership and you will not be able
to opt out of receiving them. Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including the
release of new My Wedding Notes updates and properties, shall be subject
to the TOS. You understand and agree that the Service is provided "AS-IS"
and that My Wedding Notes 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 represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself 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 My Wedding Notes has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, My Wedding Notes has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). My Wedding Notes is concerned about the safety and privacy of all its users, especially children. For this reason, when adding new users to your group account, you certify that all your added users are at least 18 years old.
4. My Wedding Notes Privacy Policy
Registration information and other information about you is subject to our Privacy Policy. For more information, see our full privacy policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Canada and/or other countries for storage, processing, and use by My Wedding Notes and its affiliates.
5. Member Account, Password and Security
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 My Wedding Notes 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 by using our
"Log Out" function on the top right hand corner. My Wedding
Notes cannot and will not be 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 My Wedding Notes, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. My Wedding Notes does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will My Wedding Notes 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.
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, Canada or the country in which you reside.
8. Content Submitted or Made Available for Inclusion on the Service
My Wedding Notes does 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 My Wedding Notes 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 My Wedding Notes Groups, 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 My Wedding Notes 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 My Wedding Notes removes such Content from the Service.
* With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than My Wedding Notes, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for 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 My Wedding Notes removes such Content from the Service.
* With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than My Wedding Notes, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed."Publicly accessible" areas of the Service are those areas of the My Wedding Notes program that are intended by My Wedding Notes to be available to the general public. By way of example, publicly accessible areas of the Service would include My Wedding Notes Bulletin Boards, that are open to all members and free trial visitors. However, publicly accessible areas of the Service would not include portions of My Wedding Notes Program that are limited to members, My Wedding Notes services intended for wedding planning program that are accessible through via hypertext or other links but are not hosted or served by My Wedding Notes.
9. Indemnity
You agree to indemnify and hold My Wedding Notes, 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, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. All copyrights of My Wedding Notes material are reserved to The Wedding Notebook. Copying any content, graphics, code are strictly prohibited.
11. General Practices Regarding Use and Storage
You acknowledge that My Wedding Notes may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service, the maximum number bulletin board messages that may be sent from or received by an account on the Service, the maximum size of files and data that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on My Wedding Notes's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that My Wedding Notes has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that My Wedding Notes reserves the right to log off accounts that are inactive for an extended period of time, or that your registration has surpassed 30 days after your inputed wedding date. You further acknowledge that My Wedding Notes reserves the right to modify these general practices and limits from time to time.
12. Modifications to Service
My Wedding Notes 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 My Wedding Notes 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 My Wedding Notes may, under certain circumstances and without prior notice, immediately terminate your My Wedding Notes account, any associated user accounts, and access to the Service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) your account has surpassed 30 days after your inputed wedding date, (h) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.
Termination of your My Wedding Notes account includes (a) removal of access to all offerings within the Service, including but not limited to My Wedding Notes Budget Calculator, Material Planner, Guest Manager, Bulletin Boards, Printing Manager, The Play List, Wedding Day Scheduler, Calendar, Task List, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in My Wedding Notes's sole discretion and that My Wedding Notes shall not be liable to you or any third-party for any termination of your account, any associated user account, or 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 My Wedding Notes 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 may provide, or third parties may provide, links to other World Wide Web sites or resources. Because My Wedding Notes has no control over such sites and resources, you acknowledge and agree that My Wedding Notes is not responsible for the availability of such external sites or resources, and does not endorse and is 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 My Wedding Notes 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.a
16. My Wedding Notes's Proprietary Rights
You acknowledge and agree that the Service and any necessary programming, technology software used in connection with the Service ("Technology") 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 My Wedding Notes or 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.
My Wedding Notes grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Technology on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Technology. You agree not to modify the Technology in any manner or form, or to use modified versions of the Technology, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by My Wedding Notes 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. The Wedding Notebook expressly disclaims all warranties of any kind, whether express or implied, including but nto limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. |
| b. |
The Wedding Notebook makes 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 may result from the download of any such material. |
| d. |
No advice or information, whether oral or written, obtained by you from The Wedding Notebook or through or from the Service shall create any warranty not expressly stated in the TOS. |
| e. |
A small percentage of usres may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen, or while using the Service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you or anyone in your family have an epileptic condition, consult your physician prior to using the Service. Immediately discontinue use of the Service and consult your physician if you experience any of the following symptoms while using the Service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. |
18. Limitation of Liability
You expressly understand and agree that The Wedding Notebook shall not be liable to you 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 The Wedding Notebook has been avised 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 matters 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. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
21. Notice
My Wedding Notes may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
22. Trademark Information
The Wedding Notebook and other My Wedding Notes logos and product and service names are trademarks of ACT LABS Ltd. Without The Wedding Notebook's prior permission, you agree not to display or use in any manner, the The Wedding Notebook Marks.
23. General Information
Entire Agreement. The TOS constitutes the entire agreement between you and My Wedding Notes and governs your use of the Service, superseding any prior agreements between you and My Wedding Notes with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other My Wedding Notes services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and My Wedding Notes shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You and My Wedding Notes agree to submit to the personal and exclusive jurisdiction of the courts located within the province of British Columbia, Canada.
Waiver and Severability of Terms. The failure of My Wedding Notes 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.
No Right of Survivorship and Non-Transferability. You agree that your My Wedding Notes account is non-transferable and any rights to your My Wedding Notes I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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.
26. Violations
Please report any violations of the TOS to our Customer Service via email here. |