Terms of Use
WEDDINGTON WAY, INC. TERMS OF USE
PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING
THE SERVICES OFFERED BY WEDDINGTON WAY, INC. (“COMPANY”). BY VISITING
THE COMPANY WEBSITES OR USING THE SERVICES IN ANY MANNER, YOU AGREE
THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL
OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER,
ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT
UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE
AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF
COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL
THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL
OTHER TERMS.
1. ACCESS TO THE SERVICES. The weddingtonway.com website and domain name
and all other websites and domain names affiliated with Company, and any other linked pages,
features, content, or application services offered from time to time by Company in connection
therewith (collectively, the “Website”) are owned and operated by Company. Subject to the
terms and conditions of this Agreement, Company may offer to provide certain services, as
described more fully on the Website, and which are selected by you through the process provided
on the Website (together with the Website, “Services”), solely for your own use, and not for the
use or benefit of any third party. The term “Services” shall include, without limitation, any
service Company performs for you and the content offered by Company on the Website.
Company may change, suspend or discontinue the Services at any time, including the availability
of any feature, database, product, or content. Company may also impose limits on certain
features and services or restrict your access to parts or all of the Services without notice or
liability. Company reserves the right, in its sole discretion, to modify this Agreement at any
time by posting a notice on the Website, or by sending you a notice via email or postal mail.
You shall be responsible for reviewing and becoming familiar with any such modifications.
Your use of the Services following such notification constitutes your acceptance of the
terms and conditions of this Agreement as modified.
Company does not knowingly collect or solicit personal information from anyone under
the age of 13 or knowingly allow such persons to register for the Services. If you are under 13,
please do not attempt to register for the Services or send any information about yourself to us,
including your name, address, telephone number, or email address. No one under age 13 may
provide any personal information to Company or on the Services. In the event that we learn that
we have collected personal information from a child under age 13 without verification of
parental consent, we will delete that information as quickly as possible. If you believe that we
might have any information from or about a child under 13, please contact us at
legal
weddingtonway
com.
You represent and warrant to Company that: (i) you are an individual (i.e., not a
corporation) and you are of legal age to form a binding contract or have your parent’s permission
to do so, and you are at least 13 years or age or older; (ii) all registration information you submit
is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also
certify that you are legally permitted to use and access the Services and take full responsibility
for the selection and use of and access to the Services. This Agreement is void where prohibited
by law, and the right to access the Services is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary
services needed to connect to, access, or otherwise use the Services, including, without
limitation, modems, hardware, software, and long distance or local telephone service. You shall
be responsible for ensuring that such equipment or ancillary services are compatible with the
Services.
2. WEBSITE CONTENT. The Website and its contents are intended solely for the
personal, non-commercial use of Website users and may only be used in accordance with the
terms of this Agreement. All materials displayed or performed on the Website (including, but
not limited to text, graphics, articles, photographs, images, illustrations (also known as the
“Content”)) are protected by copyright. You shall abide by all copyright notices, trademark
rules, information, and restrictions contained in any Content accessed through the Services, and
shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute,
perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any
Content or third party submissions or other proprietary rights not owned by you: (i) without the
express prior written consent of the respective owners, and (ii) in any way that violates any third
party right.
The Website is protected by copyright as a collective work and/or compilation, pursuant
to U.S. copyright laws, international conventions, and other copyright laws. You may not
modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly
provided in this Section 2), create derivative works based on, distribute, perform, display, or in
any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Website for
download) for personal non-commercial use only, provided that you maintain all copyright and
other notices contained in such Content. You shall not store any significant portion of any
Content in any form. Copying or storing of any Content other than personal, noncommercial use
is expressly prohibited without prior written permission from Company or from the copyright
holder identified in such Content’s copyright notice. You shall not link to the Website without
Company’s prior written consent.
In the course of using the Services, you and other users may provide information which
may be used by Company in connection with the Services and which may be visible to certain
other users. You understand that by posting information or content on the Website or otherwise
providing content, materials or information to Company or in connection with the Services
(collectively, “User Submissions”), Company hereby is and shall be granted a non-exclusive,
worldwide, royalty-free, perpetual, irrevocable, and transferable right to fully exploit such User
Submissions (including all related intellectual property rights) and to allow others to do so;
however, Company will only share your personally identifiable information in accordance with
Company’s current privacy policy at http://www.weddingtonway.com/privacy-policy/. You also
hereby do and shall grant each user of the Services a non-exclusive license to access your User
Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative
works of, display and perform such User Submissions as permitted through the functionality of
the Services and under this Agreement. Furthermore, you understand that Company retains the
right to reformat, modify, create derivative works of, excerpt, and translate any User
Submissions submitted by you. You understand that all information publicly posted or privately
transmitted through the Services is the sole responsibility of the person from which such content
originated and that Company will not be liable for any errors or omissions in any content. You
understand that Company cannot guarantee the identity of any other users with whom you may
interact in the course of using the Services. Additionally, Company cannot guarantee the
authenticity of any data which users may provide about themselves. You acknowledge that all
Content accessed by you using the Services is at your own risk and you will be solely
responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any loss or damage of any kind
incurred in connection with use of or exposure to any Content posted, emailed, accessed,
transmitted, or otherwise made available via the Services.
3. YOUR WARRANTY. You warrant, represent and agree that you will not contribute
any Content or otherwise use the Services in a manner that (i) infringes or violates the
intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of
any third party; (ii) violates any law, statute, ordinance or regulation; or (iii) is harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise
objectionable. Company reserves the right to remove any Content from the Services at any time,
for any reason (including, but not limited to, upon receipt of claims or allegations from third
parties or authorities relating to such Content or if Company is concerned that you may have
breached the immediately preceding sentence), or for no reason at all. You, not Company,
remain solely responsible for all Content that you upload, post, email, transmit, or otherwise
disseminate using, or in connection with, the Services, and you warrant that you possess all
rights necessary to provide such content to Company and to grant Company the rights to use
such information in connection with the Services and as otherwise provided herein.
4. RESTRICTIONS. You are responsible for all of your activity in connection with the
Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of
your right to access or use the Services. You may not post or transmit, or cause to be posted or
transmitted, any communication or solicitation designed or intended to obtain password, account,
or private information from any Company user. Use of the Services to violate the security of any
computer network, crack passwords or security encryption codes, transfer or store illegal
material (including material that may be considered threatening or obscene), or engage in any
kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of
auto-responder, or “spam” on the Services, or any processes that run or are activated while you
are not logged on to the Website, or that otherwise interfere with the proper working of or place
an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated
software, devices, or other processes to “crawl” or “spider” any page of the Website is strictly
prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source
code of the Services. You will be responsible for withholding, filing, and reporting all taxes,
duties and other governmental assessments associated with your activity in connection with the
Services.
5. WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary
duty to you. You acknowledge that Company has no control over, and no duty to take any action
regarding: which users gains access to the Services; what Content you access via the Services;
what effects the Content may have on you; how you may interpret or use the Content; or what
actions you may take as a result of having been exposed to the Content. You release Company
from all liability for you having acquired or not acquired Content through the Services. The
Services may contain, or direct you to websites containing, information that some people may
find offensive or inappropriate. Company makes no representations concerning any content
contained in or accessed through the Services, and Company will not be responsible or liable for
the accuracy, copyright compliance, legality or decency of material contained in or accessed
through the Services. Company makes no representations or warranties regarding the accuracy
of colors or textures displayed anywhere on the Services, or regarding suggestions or
recommendations of services or products offered or purchased through the Services (including,
without limitation, the actual color, texture, size, fit, quality, or use of such products or services).
Products and services purchased (whether or not following such recommendations and
suggestions) are provided “AS IS” without any warranty of any kind from Company or others
unless, with respect to others (only), otherwise made expressly and unambiguously in writing by
a designated third party for a specific product. THE SERVICES, CONTENT, WEBSITE,
PRODUCTS OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE
PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
6. PRIVACY POLICY. For information regarding Company’s treatment of personally
identifiable information, please review Company’s current Privacy Policy at
http://www.weddingtonway.com/privacy-policy/, which is incorporated herein by this reference.
7. REGISTRATION AND SECURITY. As a condition to using Services, you may be
required to register with Company and select a password and user name (“Company User ID”).
You shall provide Company with accurate, complete, and updated registration information.
Failure to do so shall constitute a breach of this Agreement, which may result in immediate
termination of your account. You may not (i) select or use as a Company User ID a name of
another person with the intent to impersonate that person; or (ii) use as a Company User ID a
name subject to any rights of a person other than you without appropriate authorization.
Company reserves the right to refuse registration of or cancel a Company User ID in its
discretion. You shall be responsible for maintaining the confidentiality of your password.
8. INDEMNITY. You will indemnify and hold Company, its parents, subsidiaries,
affiliates, officers, and employees harmless (including costs and attorneys’ fees) from any claim
or demand made by any third party due to or arising out of your access to the Services, use of the
Services, your violation of this Agreement, or the infringement by you or any third party using
your account of any intellectual property or other right of any person or entity.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY OR ITS
SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE
SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE,
TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY
AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES
PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS PURCHASED THROUGH
THE SERVICES DURING THE 12 MONTH PERIOD PRECEDING THE APPLICABLE
CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER
BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO
YOU.
10. PRODUCT ORDERS; FEES AND PAYMENT. You may choose to purchase
products through the Website. Company may limit or cancel quantities of product purchased,
and it reserves the right to refuse any order. In the event Company needs to make a change to an
order, it will attempt to notify you by contacting the email address, billing address, and/or phone
number provided at the time the order was made. The prices displayed on the Website are
quoted in U.S. currency and are valid only in the United States. Prices are subject to change at
any time. Sales tax will be determined by the shipping address of the order and will
automatically be added to the order. Company is required by law to apply sales tax to orders to
certain states. You are responsible for providing accurate and complete measurements for
custom item orders; custom items are not returnable. For more information regarding shipping
and delivery of our products, please see our shipping section in FAQ’s.
Company reserves the right to require payment of fees for certain or all Services, in addition to
the fees charged for the purchase of products. You shall pay all such fees, as described on the
Website in connection with such Services selected by you. Company reserves the right to change
its price list and to institute new charges at any time, upon notice to you, which may be sent by
email or posted on the Website. Your use of the Services following such notification constitutes
your acceptance of any new or increased charges.
11. THIRD PARTY WEBSITES. The Services may contain links to third party websites
that are not owned or controlled by Company. When you access third party websites, you do so
at your own risk. Company encourages you to be aware when you leave the Services and to read
the terms and conditions and privacy policy of each third party website that you visit. Company
has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or
practices of or opinions expressed in any third party websites. In addition, Company will not and
cannot monitor, verify, censor or edit the content of any third party site.
By using the Services, you expressly relieve and hold harmless Company from any and
all liability arising from your use of any third party website. Your interactions with organizations
and/or individuals found on or through the Services, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals. You should make
whatever investigation you feel necessary or appropriate before proceeding with any online or
offline transaction with any of these third parties. You agree that Company shall not be
responsible or liable for any loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this site, or between users and any third
party, you understand and agree that Company is under no obligation to become involved. In the
event that you have a dispute with one or more other users, you hereby release Company, its
officers, employees, agents, and successors in rights from claims, demands, and damages (actual
and consequential) of every kind or nature, known or unknown, suspected or unsuspected,
disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.
If you are a California resident, you shall and hereby do waive California Civil Code Section
1542, which says: “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.”
12. TERMINATION. This Agreement shall remain in full force and effect while you use the
Services. You may terminate your use of the Services or your membership at any time by
following the instructions on the Website. Company may terminate your access to the Services
or your membership at any time, for any reason, and without warning, which may result in the
forfeiture and destruction of all information associated with your membership. Company may
also terminate or suspend any and all Services and access to the Website immediately, without
prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees
paid hereunder are non-refundable. Upon termination of your account, your right to use the
Services, access the Website, and any Content will immediately cease. All provisions of this
Agreement which, by their nature, should survive termination, shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, and limitations of
liability.
13. MISCELLANEOUS. The failure of either party to exercise, in any respect, any right
provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall
not be liable for any failure to perform its obligations hereunder where such failure results from
any cause beyond Company’s reasonable control, including, without limitation, mechanical,
electronic or communications failure or degradation (including “line-noise” interference). If any
provision of this Agreement is found to be unenforceable or invalid, that provision shall be
limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise
remain in full force and effect and enforceable. This Agreement is not assignable, transferable or
sublicensable by you except with Company’s prior written consent. Company may transfer,
assign or delegate this Agreement and its rights and obligations without consent. This
Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions thereof. Any dispute arising from or
relating to the subject matter of this Agreement shall be finally settled by arbitration in San
Francisco County, California, using the English language in accordance with the Arbitration
Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in
effect, by one commercial arbitrator with substantial experience in resolving intellectual property
and commercial contract disputes, who shall be selected from the appropriate list of JAMS
arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon
the award so rendered may be entered in a court having jurisdiction, or application may be made
to such court for judicial acceptance of any award and an order of enforcement, as the case may
be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court
of proper jurisdiction for injunctive or other equitable relief pending a final decision by the
arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and
venue in the United States Federal Courts located in the Northern District of California. Both
parties agree that this Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous written and oral agreements,
communications and other understandings relating to the subject matter of this Agreement, and
that all modifications must be in a writing signed by both parties, except as otherwise provided
herein. No agency, partnership, joint venture, or employment is created as a result of this
Agreement and you do not have any authority of any kind to bind Company in any respect
whatsoever.
14. COPYRIGHT DISPUTE POLICY. Company has adopted the following general
policy toward copyright infringement in accordance with the Digital Millennium Copyright Act
or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of
Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated
Agent”) is listed at the end of this Section. It is Company’s policy to (1) block access to or
remove material that it believes in good faith to be copyrighted material that has been illegally
copied and distributed by any of our advertisers, affiliates, content providers, members or users;
and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services
infringes a copyright, please send a notice of copyright infringement containing the following
information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner
of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information
regarding the location of the infringing materials that the copyright owner seeks to
have removed, with sufficient detail so that Company is capable of finding and
verifying its existence;
4. Contact information about the notifier including address, telephone number and, if
available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is
not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate
and the notifying party is authorized to make the complaint on behalf of the copyright
owner.
B. Once Proper Bona Fide Infringement Notification is Received by the
Designated Agent:
It is Company’s policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access
to the material; and
3. that repeat offenders will have the infringing material removed from the system and
that Company will terminate such content provider’s, member’s or user’s access to the
Services.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to
which access was disabled) is not infringing, or the content provider, member or user believes
that it has the right to post and use such material from the copyright owner, the copyright
owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a
counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed or
disabled;
3. A statement that the content provider, member or user has a good faith belief that the
material was removed or disabled as a result of mistake or misidentification of the
material; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if
available, email address, and a statement that such person or entity consents to the
jurisdiction of the Federal Court for the judicial district in which the content
provider’s, member’s or user’s address is located, or, if the content provider’s,
member’s or user’s address is located outside the United States, for any judicial
district in which Company is located, and that such person or entity will accept
service of process from the person who provided notification of the alleged
infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the
counter-notice to the original complaining party informing that person that Company may
replace the removed material or cease disabling it in 10 business days. Unless the copyright
owner files an action seeking a court order against the content provider, member or user, the
removed material may be replaced or access to it restored in 10 to 14 business days or more after
receipt of the counter-notice, at Company’s discretion.
Please contact Company’s Designated Agent to Receive Notification of Claimed
Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Ilana M. Stern, President and CEO
Weddington Way, Inc.
3060 Greentree Court, Los Angeles, CA 90077
(415) 729-5206
ilanaweddingtonwaycom
Effective: October 30, 2010
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