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This User Agreement (or
"Agreement") is a legal agreement between you and
TheWedReview. ("TheWedReview" or "us") governing your
participation on the TheWedReview site. By using, accessing
or registering as a member of TheWedReview, you agree to be
bound by and hereby become a party to all the terms of this
Agreement. If you do not agree with the terms and conditions
in this Agreement, you may not use TheWedReview.
We can amend this Agreement either by emailing you about the
amended terms, which take effect when we send you the email,
or by posting the amended terms on the TheWedReview, which
take effect when we post them. By continuing to access or
use the TheWedReview after any such amendment, you agree to
be bound by the terms of the amended Agreement. Otherwise,
this Agreement may be amended only by a writing physically
signed by us.
A Note About Minors.
The TheWedReview is not targeted towards, nor intended for
use by anyone under the age of 18. By using the TheWedReview,
you represent and warrant that you are 18 years of age or
older. If you are not at least 18 years of age, do not use,
access or register for the TheWedReview. We reserve the
right to terminate your membership in the event that
TheWedReview becomes aware you are under 18.
Membership.
You may become a "Member" of the TheWedReview, which may
grant you additional privileges, by completing the
membership application form or become a member of the
TheWedReview website. Becoming a Member allows you to post
content on the TheWedReview. You agree as a condition of use
and membership that we may contact you for the purpose of
informing you of changes to this Agreement or describing new
services available on the TheWedReview . You are responsible
for safeguarding the password that you use to access any
secure areas of the TheWedReview . You agree not to disclose
your password to any third party. You agree to take sole
responsibility for any activities or actions under your
password, whether or not you have authorized such activities
or actions. You will immediately notify TheWedReview of any
unauthorized use of your password. By becoming a member you
agree that you are either a Newlywed, or a Bride/Groom
looking to get married in the next 24 months, or a person
looking to gather information about vendors for the purpose
of aiding a couple in their decision process. Under NO
circumstances is it allowed to join for the purpose of
entering reviews for the benefit of one’s own company, or
enter reviews for a vendor whose services have not been used
by you for your wedding. Reviews must be made by the bride
or groom.
Content.
TheWedReview provides a number of different services to
assist you in researching wedding vendors. TheWedReview
provides information regarding companies and link to third
party merchants that sell related products and services.
TheWedReview does not warrant that review commentaries or
any other content of the site, regardless of its source, is
accurate, complete, reliable, current or error-free.
TheWedRevie’s content is provided for informational
purposes only and does not constitute an endorsement by
TheWedReview of any vendor or service. You should not rely
on such information in situations where its inaccuracy would
cause you to suffer any loss (see Disclaimer of Warranties
and Liability Limits below). TheWedReview assumes no
liability for inaccuracy or incompleteness in its search
results, review content, user ratings ( e.g. user merchant
rating, user product rating) or other content on the
TheWedReview . Reviews and ratings on the TheWedReview are
from our members who have elected to post a review on the
TheWedReview . As such, these reviews and ratings are
informative for those wishing to use them, but they do not
guarantee any level of performance by a merchant or other
third party in any given transaction.
Participating merchants and other third parties may pay
TheWedReview to be presented on the TheWedReview in form of
advertising / sponsor spots, and may also purchase research
from TheWedReview, but in no event do such payments affect
the reviews and ratings given to any merchant by
participating members, nor the search result order. You may
download, view and print a single copy of any other content,
solely for your personal and non-commercial purposes,
subject to the restrictions set forth in this Agreement. All
right, title, and interest in and to the TheWedReview , and
any other content appearing on the TheWedReview , will
remain the exclusive property of TheWedReview and its
licensors. Except as expressly permitted in this Agreement,
you may not reproduce, modify or prepare derivative works
based upon, distribute, sell, transfer, publicly display,
publicly perform, transmit, or otherwise use the
TheWedReview , or any other content appearing on the
TheWedReview . You may not copy or modify the HTML code used
to generate web pages on the TheWedReview . You may not use
the TheWedReview , or any other content appearing on the
TheWedReview , on or in connection with any other website,
for any purpose.
Content Submission.
By contributing or submitting any content to the
TheWedReview , you warrant that you are the author and owner
of the intellectual property rights thereto, and you grant
TheWedReview a worldwide, perpetual, irrevocable,
royalty-free, transferable right and license to use, copy,
modify, delete in its entirety, adapt, publish, translate,
create derivative works from and/or sell and/or distribute
such materials and/or incorporate such materials into any
form, medium or technology without compensation to you. In
addition, you warrant that all "moral rights" that you may
have in those materials have been voluntarily waived by you.
None of the materials shall be subject to any obligation of
confidence on the part of TheWedReview, its agents,
subsidiaries, affiliates, co-brand partners or other
partners and their respective directors, officers and
employees. TheWedReview reserves the right to change,
condense or delete any content on the TheWedReview
that TheWedReview deems, in its sole discretion, to violate
the content guidelines or any other provision of this
Agreement.
You agree that you shall not post any information:
~that is known by you to be false,
inaccurate or misleading;
~that infringes any third party's
copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy;
~that violates any law, statute,
ordinance or regulation (including, but not limited to,
those governing export control, consumer protection, unfair
competition, anti- discrimination
or false advertising);
~that is, or may reasonably be
considered to be, defamatory, libelous, hateful, racially or
religiously biased or offensive, unlawfully threatening or
unlawfully harassing to any
individual, partnership or corporation; for which you were
compensated or granted any consideration by any third party;
~that includes any information
that references addresses, email addresses, contact
information or phone numbers;
~that contains any computer
viruses, worms or other potentially damaging computer
programs or files.
In addition, you agree to comply with TheWedReview' Site
Rules, which are deemed to be incorporated into this
Agreement.
You retain all ownership rights to information, text,
graphics, or other materials you publish on the TheWedReview
. However, we can reproduce, publish and distribute all or
teaser portions of your content online and offline and
permit others to do the same. You can edit or remove your
content from the TheWedReview at any time; but if we
have distributed your content to others, we may be unable to
require them to make the same changes. We ask that you refer
or provide links to TheWedReview if you choose to republish
your content elsewhere, although this is not mandatory.
Copyrights. All content available on the TheWedReview ,
including site design, text, graphics, interfaces, and the
selection of arrangements thereof is copyrighted by
TheWedReview, with all rights reserved, or is the property
of TheWedReview or third parties protected by intellectual
property rights.
TheWedReview's service marks/trademarks/ logos may not be
used in connection with any product or service that is not
provided by the TheWedReview, in any matter that is likely
to cause confusion among customers, or in any manner that
disparages or discredits TheWedReview.
If you believe content on the TheWedReview infringes your
copyright, you should send notice of copyright infringement
to TheWedReview's Copyright Agent (see the Contact Us
section of our website). Your notice must meet the
requirements of the Digital Millennium Copyright Act (as
required under 17 U.S.C. §512) by providing the following
information:
1. An identification of the
copyrighted work claimed to have been infringed
2. An identification of the
material that you claim is infringing so that we may locate
it on the site
3. Your address, telephone
number and email address
4. 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
5. A statement by you that the
above information in your notice is accurate, made under
penalty of perjury, and that you are authorized to act on
behalf of the
owner
of the copyright interest involved
6. Your signature
Upon receipt of notice as
described above, TheWedReview will take whatever action, in
its sole discretion, it deems appropriate, including removal
of the challenged content from the TheWedReview
Trademarks.
TheWedReview is not in a position to arbitrate trademark
disputes between the advertisers on the TheWedReview
and trademark owners. Accordingly, we encourage trademark
owners to resolve their disputes directly with the
advertisers, particularly because the advertisers may have
similar advertisements on other sites. Similarly,
TheWedReview does not control and assumes no responsibility
for content that appears on a third party's website that may
be accessed via the TheWedReview , and trademark owners
should contact third party sites directly to resolve
trademark disputes.
As a courtesy to federally registered trademark owners,
however, we are willing to perform a limited investigation
of reasonable complaints.
If you are an owner of a registered trademark (or represent
an owner of a registered trademark) and have an objection to
content corresponding to your trademark on the TheWedReview
that is consistent with the foregoing, or you believe that
we have improperly used your registered trademark to promote
the TheWedReview on a third party website, please
provide the following information in a signed letter on
company stationery:
1. Name of Company
2. Contact information
(including email address)
3. List of registered
trademark(s) at issue including a copy of each relevant
federal trademark registration certificate(s)
4. The identity of the
advertisement(s) at issue (via the URL stated on the bottom
line of the ad or other identifying information). Please
indicate if your complaint is
limited to specific advertisers/advertisements or if it is a
general objection to all advertisers.
5. If certain affiliates or
partners are permitted to use your trademark in their ad
content, please list the company names in your letter.
6. Include the following
statement: "I have a good faith belief that use of the
trademarks described above with the advertisements described
above are not authorized
by the trademark owner or its agent, nor is such use
otherwise permissible under law."
7. Include the following
statement: "I represent that the information in this
notification is true and correct and that I am authorized to
act on behalf of the trademark
owner."
8. Your signature
Refer to the Contact Us section of our website for address
information. Upon receipt of
notice as described above, TheWedReview will confirm the
existence of the federal registration of the trademark in
question and will take whatever action, in its sole
discretion, it deems appropriate , including removal of the
challenged content from the TheWedReview . In the event that
the challenged content has been provided to TheWedReview by
a third party and in TheWedReview's sole discretion, it
concludes that the content is identical to the registered
mark and is used in connection with goods and/or services
covered by the trademark owner's federal registration,
TheWedReview will provide to notice to the third party prior
to any removal of content. If prior to such removal, the
third party demonstrates that it has its own trademark
registration or approved trademark application covering the
challenged content, TheWedReview will not remove the
content.
Notwithstanding the foregoing, TheWedReview will comply as
appropriate with the terms of any court order relating to
the behavior of the challenged party identified in such
court order.
Termination.
You can cancel your account at any time by contacting
Customer Support. We can cancel your account, or otherwise
refuse service to you, at any time for any reason (including
repeat infringement). TheWedReview may choose to assume that
you intended to terminate your account if you do not access
it for more than 3 months. Following termination of your
account for any reason (including inactivity), (1) at their
sole option, TheWedReview and its licensees may continue or
stop publicly displaying some or all of your content, and
(2) all of your existing WedPoints credits automatically
expire, and no new credits will accrue.
Other Rules.
You agree to comply with TheWedReview' Site Rules,
which are incorporated into this Agreement, and with all
laws and regulations applicable to your access and use of
the TheWedReview and publishing your content. You may
not harvest personal data (including email addresses) from
the TheWedReview , and specifically you may not use email
addresses displayed on our sites to ask users to join or
contribute to your services. We have the right to
investigate and prosecute violations of any of the above to
the fullest extent of the law. We may involve and cooperate
with law enforcement authorities in prosecuting users who
violate the terms of this Agreement. You acknowledge that
TheWedReview has no obligation to monitor your access to or
use of the TheWedReview , but has the right to do so for the
purpose of operating the TheWedReview , to ensure your
compliance with this Agreement, or to comply with applicable
law or the order or requirement of a court, administrative
agency or other governmental body. Unless we explicitly
agree otherwise in writing, you may not use any automated
means (such as scripts) to access the TheWedReview or
collect information from it. Vendors are
not allowed to sign up for user accounts, and are not
allowed to post reviews for self or the competition or any
vendor. This act will be punished.
Indemnity. By choosing to
use the TheWedReview , you agree to indemnify TheWedReview,
its officers, agents, partners, and employees from any and
all claims or damage, including reasonable attorney's fees,
made by third parties due to, or arising out of Content you
choose to submit, post or transmit through the TheWedReview
; or of your use of or connection to the TheWedReview ; your
violation of the User Agreement; or, your violation of any
rights of another.
Release. Because we are a venue, in the event that you have
a dispute with one or more users of the TheWedReview , you,
on behalf of yourself (and any of your officers, directors,
employees, agents, predecessors, successors and assigns),
hereby irrevocably, release and discharge TheWedReview, our
officers, directors, employees, attorneys, predecessors,
successors, assigns and agents from, against and in respect
of all past, present and future claims, rights, actions,
causes of action, suits, indemnification obligations,
losses, liabilities, matters, issues, cost, and expenses, of
any kind or nature whatsoever, including without limitation
court costs and attorneys' fees, whether known or unknown,
concealed or hidden, fixed or contingent, suspected or
unsuspected, in law or in equity concerning, related to, or
arising out of any such disputes. To ensure that the release
provided in this Agreement is fully enforceable in
accordance with its terms, you knowingly and voluntarily
waive any protection that you might have in relation to the
release set forth in this section by virtue of §1542 of the
Florida Civil Code, which provides: 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. In addition, you hereby
knowingly and voluntarily waive any protection that may
exist under any comparable or similar statutes and/or
principles of common law applicable in states other than
Florida as it pertains to the enforcement of the release in
this section.
Liability Limits.
THEWEDREVIEW INC. AND ITS SUPPLIERS SHALL NOT BE LIABLE TO
YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING
NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH
THEWEDREVIEW AND ITS PARENT, SUBSIDIARY OR AFFILIATE
COMPANIES, OUR SERVICES OR THIS AGREEMENT. OTHER THAN WITH
RESPECT TO WEDPOINTS, WE SHALL NOT BE LIABLE TO YOU FOR MORE
THAN $100. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law/Arbitration.
This Agreement is governed by Florida law as such laws apply
to Agreements entered into and to be performed entirely
within Florida between Florida residents and without regard
to conflict of laws. Any claim arising out of or relating to
this Agreement or the TheWedReview shall be settled by
binding arbitration in Sarasota County, Florida in
accordance with the American Arbitration Association's
commercial arbitration rules. Any such claim shall be
arbitrated on an individual basis, not consolidated with
another party's claim. Each of us may conduct discovery per
Florida law. Judgment on the arbitration award may be
entered into any court with jurisdiction, and the
arbitrator's award shall not be appealable or reviewable
except as permitted by Florida law. However, (a) each of us
may seek interim relief from a Sarasota County, Florida
court to protect the party's rights or property while
arbitration is pending, and (b) at our option, we may bypass
arbitration in cases of fraud or other crimes against us,
interference with our technical operations or violations of
our rights or property.
Integration. This Agreement, TheWedReview' Site Rules and
our Privacy Policy, (which is incorporated herein by
reference) constitute the entire Agreement, and supersede
any other Agreements or understandings (oral or written),
between you and us with respect to their subject matters.
Disclaimer of Warranties.
THE THEWEDREVIEW AND ITS SERVICES ARE PROVIDED "AS
IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER
EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PA RTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not
promise or warrant that any aspect of the site or system
will work properly or will be continuously available. The
TheWedReview may contain links to third-party websites
or resources. You acknowledge and agree that we are not
responsible or liable for: (i) the availability or accuracy
of such websites or resources; or (ii) the content,
products, or services on or available from such websites or
resources. Links to such websites or resources do not imply
any endorsement of such websites or resources or the
content, products, or services available from such websites
or resources. You acknowledge sole responsibility for and
assume all risk arising from your use of any such websites
or resources. Your correspondence with or participation in
promotions of vendors or advertisers found on the
TheWedReview , including payment and delivery of related
goods or service, and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such merchant or advertiser. You
agree not to hold TheWedReview 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 merchants or
advertisers on the TheWedReview . In addition, TheWedReview
does not endorse, warrant or guarantee the products or
services of any seller, lender or broker, including any
rates, points and loan programs posted by sellers, lenders
or brokers. Nothing on the TheWedReview constitutes an
advertisement for credit as defined by Paragraph 226.24 of
Regulation Z of the federal Truth in Lending Act.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
Assignment. You agree that
this Agreement and all agreements and information
incorporated herein may be automatically assigned by
TheWedReview, in its sole discretion, to a third party. You
may not assign your obligations to another entity.
General. This Agreement does not create any agency,
partnership, joint venture, employment or franchise
relationship. Because you are not an employee, minimum wage
laws do not apply to your relationship with the TheWedReview
. Our failure to act in a particular circumstance does not
waive our right to act with respect to that or other
circumstances. We shall be excused for any problem due to a
factor beyond our control. If any provision of this
Agreement is held invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions of the
Agreement will remain in full force and effect, and the
provision affected will be construed so as to be enforceable
to the maximum extent permissible by law. Any waiver of any
provision of this Agreement will be effective only if in
writing and signed by TheWedReview.
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