| Terms Of
Service Agreement |
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Overview
www.mediaonebridal.com is an
online information publishing service (hereinafter referred to as "the
Service") owned and operated by Media One Group LLC. (hereinafter
referred to as "Site Owner"). This agreement specifies the terms and
conditions under which Site Owner agrees to provide you with access to
the Service.
You must accept this agreement (hereinafter
referred to as "Agreement") in its entirety, including all of its terms
and conditions, before you can use the Service. By viewing the content
on this website, you have indicated that you accept this agreement and
agree to abide by its terms and conditions.
Site Owner, in its sole discretion, may add,
delete, or modify some or all of the features of the Service at any
time.
- Description of Service
1.1. The Service publishes information about events offered
through its entertainment program. The service allows you to
subscribe to an email newsletter from which you will receive event
schedules and information sent to your email address that you
provided when you signed up.
1.2. The Service is provided subject to this Agreement, as it may be
amended by Site Owner, and any guidelines, rules or operating
policies that Site Owner may establish and post from time to time,
including without limitation all help files and supporting
documents.
1.3. By posting updated versions of the Agreement on the website, or
otherwise providing notice to you, Site Owner may modify the terms
of the Agreement and may discontinue or revise any or all other
aspects of the Service at its sole discretion. All such changes
shall become effective upon posting of the revised Agreement on the
website.
- Eligibility and Registration
2.1. The Service is available only to persons who can form legally
binding contracts under applicable law. Without limiting the
foregoing, the Service is not available to individuals under the age
of 18. If you do not qualify, you are not permitted to use the
Service. Furthermore, the Service is not available to parties whose
use of the Service has been suspended or terminated.
2.2. To use the Service, you must submit a completed registration
form on behalf of yourself or the corporation, partnership or other
legal entity that will be using the Service. By accepting this
Agreement, you represent that (a) you are eighteen (18) or older
and, if applicable, (b) you are authorized to sign for and bind the
corporation, partnership or other legal entity that will be using
the Service. You shall provide current, complete and accurate
registration information (including email address), and then update
the information as required to keep the registration information
current, complete and accurate. Site Owner reserves the right to
refuse registration of, or cancel, accounts it deems inappropriate.
- Passwords and Security
3.1. You are responsible for maintaining the security of your
account, passwords, and data files. You shall at all times maintain
the confidentiality of your account name and password. If you are a
member of a corporation, partnership or other legal entity, you may
allow employees to use your account name and password, provided that
you take full responsibility for all activity and all charges by
such employees. Permitting use of the Service by a third party is
prohibited and is a violation of this Agreement. If there is a
breach of security through your account, you must immediately change
your password and also notify us through the Service's
Contact Us page. You will be liable for
any unauthorized use of the Service until you notify us of the
security breach.
- Privacy
4.1. Site Owner is committed to protecting your privacy and we will
only use and disclose your information in accordance with our then
current
Privacy Promise which is incorporated herein by reference. You
will adopt and maintain the Privacy Promise, which may be modified
by Site Owner from time to time.
4.2. In using the varied features of the Service, you may provide
information (such as name, contact information, or other
registration information) to Site Owner. Site Owner may use this
information and any technical information about your use of the
Service to tailor its presentations to you, facilitate your movement
through the Service, or communicate separately with you. If you
licensed the Service as a result of solicitation by a Marketing
Partner of Site Owner, Site Owner. may share your information with
the Marketing Partner. Site Owner will not provide information to
companies you have not authorized, and Site Owner will not permit
the companies that get such information to sell and redistribute it
without your prior consent. Site Owner will not use your account
data or any other data collected through use of the Service, for any
other purposes than those intended with the Service. Your account
data will not be shared with any other parties.
- Usage of the Service
5.1. The Service may only be used for lawful purposes. Transmission
or solicitation of any material that violates United States federal,
state or other laws that may apply in this jurisdiction or your
local area is prohibited. This may include material that is obscene,
threatening, harassing, libelous, or in any way a violation of
intellectual property laws or a third party's intellectual property
rights. See our
Content
Policy for details.
- Restrictions and Responsibilities
6.1. This is an Agreement for Services, and you are not granted a
license to any software by this Agreement. You will not, directly or
indirectly: reverse engineer, decompile, disassemble, or otherwise
attempt to discover the source code, object code, or underlying
structure, ideas, or algorithms of, or found at or through the
Service or any software, documentation, or data related to the
Service ("Software"); remove any proprietary notices or labels from
the Service or any Software, modify, translate, or create derivative
works based on the Service or any Software; or copy, distribute,
pledge, assign, or otherwise transfer or encumber rights to the
Service or any Software. The Service shall be used for your internal
business (which includes civic or charitable) purposes only and you
shall not use the Service or any Software for timesharing or service
bureau purposes or otherwise for the benefit of a third party. If
you are using the Service in any country in the European Community,
the prohibition against modifying, translating, reverse engineering,
decompiling, disassembling or creating derivative works based on the
Service or the Software does not affect your rights under any
legislation implementing the E.C. Council Directive on the Legal
Protection of Computer Programs.
6.2. You acknowledge and agree that the Service and the Site Owner
company names and logos and all related product and service names,
design marks and slogans (collectively, the "Marks"), are the
property of Site Owner or its affiliates or suppliers. You are not
authorized to use any of the Marks in any advertising, publicity or
any other commercial manner without the prior written consent of
Site Owner. Your use of the Services confers no title or ownership
in the Service, the Software or the Marks and is not a sale of any
rights in the Service, the Software or the Marks. All ownership
rights remain with Site Owner or its third party suppliers, as the
case may be.
6.3. You represent, covenant, and warrant that you will use the
Service only in compliance with the Agreement and all applicable
laws (including but not limited to policies and laws related to
spamming, privacy, obscenity, or defamation). You hereby agree to
indemnify and hold harmless Site Owner against any damages, losses,
liabilities, settlements, and expenses (including without limitation
costs and reasonable attorneys' fees) in connection with any claim
or action that arises from an alleged violation of the foregoing or
otherwise arising from or relating to your use of the Service.
Although Site Owner has no obligation to monitor the content
provided by you or your use of the Services, Site Owner may do so
and may remove any such content or prohibit any use of the Services
it believes may be (or is alleged to be) in violation of the terms
herein.
6.4. For every screen displayed by the Service, and any email
message sent in connection with the Service, you acknowledge and
agree that the Service may automatically add an identifying emblem
stating "Powered by " or a similar message. You agree to cooperate
with and provide reasonable assistance to Site Owner in promoting
and advertising the Services.
- Your Content
7.1. "Your Content" is defined as any information, data, text,
graphics, photographs, images or other materials you use with the
Service. For example, Your Content may include information you
incorporate into posting on a public discussion board that are
displayed to visitors who use the Service. You are solely
responsible for Your Content, and we act as a passive means for your
online storage, distribution and publication of Your Content.
7.2. Your Content (or any items included therein): (a) shall not be
false, inaccurate or misleading; (b) shall not be fraudulent or
involve the sale of counterfeit or stolen items; (c) shall not
infringe any third-party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or
privacy; (d) shall not violate any law, statute, ordinance or
regulation (including without limitation those governing export
control, consumer protection, unfair competition,
anti-discrimination, false advertising, deceptive practices, or
securities transactions); (e) shall not be defamatory, libelous,
unlawfully threatening or unlawfully harassing; (f) shall not be
obscene, contain child pornography; and (g) shall not create
liability for us or cause us to lose (in whole or in part) the
services of our Internet Service Providers or other suppliers; (h)
shall not violate the terms and conditions of any agreements you
have with third-parties, including providers of external website
services, as such terms and conditions relate to your use of the
Service; (i) shall not contain any viruses, Trojan horses, worms,
time bombs, cancelbots or other computer programming routines that
are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data, or
personal information.
7.3. You shall only use the disk storage space allocated to you
through the Client Control Panel for storing images used in public
discussion boards created through the Service.
7.4. By entering into this Agreement and providing Your Content to
Site Owner, you grant Site Owner a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sublicenseable (through
multiple tiers) right (including a waiver of any applicable moral
rights) to exercise the copyright and publicity rights you have in
Your Content, in any existing or future media now known or not
currently known, solely for purposes related to providing the
Service ("License"). You represent and warrant that you have the
authority to grant the License and that the holder of any
intellectual property or other proprietary rights in Your Content
has licensed, assigned or waived such holder's rights to the extent
necessary to grant the License.
7.5. Any communications or materials you transmit to Site Owner by
electronic mail or otherwise or post in a public area of the Site
may be used by us or our affiliates for any purpose, including, but
not limited to, reproduction, disclosure, transmission, publication,
broadcast and posting. Furthermore, we, and our affiliates, are free
to use any ideas, concepts, know-how or techniques contained in any
such communication for any purpose whatsoever, including, but not
limited to, developing, manufacturing and marketing products using
such information.
7.6. Site Owner reserves the right to access, monitor, remove, or
disable access to any of Your Content at any time in its sole
discretion.
- Site Owner and Third-Party
Intellectual Property
8.1. Other than Your Content, all content included or available on
the website, such as advertisements, text, graphics, logos, button
icons, images, audio clips and software, is the property of Site
Owner and/or third-parties and is protected by copyrights,
trademarks or other intellectual and proprietary rights. The
compilation (meaning the collection, arrangement and assembly) of
all content on the website is the exclusive property of Site Owner
and/or its licensors, suppliers and distributors and is protected by
copyrights or other intellectual and proprietary rights. All
software used on the website is the property of Site Owner and/or
its software suppliers or distributors and is protected by
copyrights, patents or other intellectual and proprietary rights.
8.2. Subject to the terms and conditions of this Agreement, Site
Owner grants a limited license to you to make personal use of the
website and the Service only for their intended purposes. This
license expressly excludes any resale of the website and the
Service, making any derivative of the website or the Service, the
collection and use of other users' email addresses or other
materials (for example, advertisements), or any data extraction or
data mining whatsoever, except with the express consent of the owner
of such materials. You may not repost or otherwise reuse content
that you create using the Service other than through the Service.
8.3. Site Owner retains all right, title, and interest in and to its
trademarks, service marks and trade names worldwide (collectively,
the "Marks"). You shall only use Site Owner Marks with the express
permission of Site Owner and then only in the manner authorized.
Under no circumstances may you alter, modify, or change Site Owner
Marks.
- User Conduct
9.1. You agree to comply with all applicable laws, statutes,
ordinances and regulations related to use of the Service. You may
not use the Service to engage in fraud or other illegal activity, or
to infringe the intellectual property rights of others. If you would
like to review our copyright policy, or believe that one of our
users has infringed on your copyrighted materials, please visit our
Copyright
Policy for further instructions.
9.2. You agree that you will not use any device, software or routine
to interfere or attempt to interfere with the proper working of the
Service or any transaction conducted by the Service. You agree that
you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure or limits our
ability to provide the Service. You agree that you will not collect,
copy, reproduce, alter, modify, create derivative works, or publicly
display any content or information from the Service without the
prior expressed written permission of Site Owner or the appropriate
third party. You agree that you will not use any robot, spider, or
other automatic device or routine to access or interface with the
Service.
9.3. You may not remove or export from the United States or allow
the export or re-export of the Service, or any direct product
thereof, including technical data, in violation of any restrictions,
laws, or regulations of the United States or any other applicable
country.
- Suspension and Termination
10.1. You may terminate this Agreement at any time by discontinuing
your use of the website.
10.2. Site Owner, at its own discretion, may immediately disable
your access to the Service without refunds if Site Owner believes in
its sole discretion that you have violated any of the restrictions
listed herein. Without limiting other remedies, we may immediately
issue a warning, temporarily suspend, indefinitely suspend, or
terminate your access to the website and Service if you breach any
of the terms of this Agreement or if you take any actions that, in
our sole judgment, may cause legal liability for or claims against
you, our users, or us. In the event Site Owner suspends or
terminates your access to the website or Service, you acknowledge
that you may be denied any further access to Your Content.
10.3. Site Owner may terminate this Agreement or the Service at any
time with or without cause, and with or without notice. Site Owner
shall have no liability to you or any third party because of such
termination. Within 30 days after the date of termination, Site
Owner will delete any of your archived data.
10.4. All provisions of this Agreement that by their nature should
survive termination shall survive termination, including, without
limitation, provisions related to intellectual property, warranty
disclaimers, general releases, limitations of liability, indemnity
and the general provisions.
- Warranty Disclaimer; Remedies
11.1. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. SITE OWNER AND OUR SUPPLIERS OR DISTRIBUTORS MAKE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR
STATUTORY. SITE OWNER AND OUR SUPPLIERS OR DISTRIBUTORS SPECIFICALLY
DISCLAIM ALL WARRANTIES INCLUDING WITHOUT LIMITATION:
(A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
(B) THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL
ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR
OPERATE WITHOUT ERROR;
(C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF
TRADE; AND
(D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT,
WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SITE OWNER OR OUR
SUPPLIERS OR DISTRIBUTORS.
11.2. USE OF THE SERVICE AND ANY RELIANCE BY YOU UPON THE SERVICE,
INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE,
IS AT YOUR SOLE RISK. SITE OWNER DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE
SERVICE IS PROVIDED "AS IS" AND SITE OWNER DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT.
11.3. Your sole and exclusive remedy for any failure or
nonperformance of the Service shall be for Site Owner to use
commercially reasonable efforts to adjust or repair the Service.
11.4. Some states do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not fully apply to you. You may also
have other legal rights that vary from state to state.
- Limitation of Liability
12.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SITE
OWNER OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS,
INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES,
DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF
THIS SECTION AS "SITE OWNER") BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF DATA, CONTENT, FILES, PROFIT OR
GOODWILL, OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE
SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.,
EVEN IF SITE OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT
NOTWITHSTANDING THE FOREGOING, SITE OWNER IS FOUND LIABLE TO YOU FOR
DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE), THE LIABILITY OF SITE OWNER TO YOU WILL BE
NOTHING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
- General Release.
13.1. BECAUSE SITE OWNER AND OUR SUPPLIERS OR DISTRIBUTORS ARE NOT
INVOLVED IN DEALINGS BETWEEN OUR USERS OR BETWEEN OUR USERS AND
THEIR VISITORS OR CUSTOMERS, IF A DISPUTE ARISES BETWEEN YOU AND
ANOTHER PARTY, YOU RELEASE SITE OWNER (AND ITS AGENTS AND EMPLOYEES,
SUPPLIERS AND DISTRIBUTORS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL
AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. FURTHER, YOU WAIVE ANY
RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 (OR ANY OTHER
SIMILAR STATUTE) WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR A THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
13.2. YOU ACKNOWLEDGE AND AGREE THAT SITE OWNER IS NOT RESPONSIBLE
FOR THE AVAILABILITY OF MARKETPLACES, AND DOES NOT ENDORSE AND IS
NOT RESPONSIBLE OR LIABLE FOR ANY SERVICES, CONTENT, ADVERTISING,
PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH MARKETPLACES.
YOU AGREE THAT SITE OWNER 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 THE USE OF OR RELIANCE ON ANY
SUCH SERVICES, CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS.
13.3. YOU ACKNOWLEDGE AND AGREE THAT SITE OWNER DOES NOT CONTROL AND
IS NOT RESPONSIBLE FOR INFORMATION PROVIDED BY OTHER USERS WHICH IS
MADE AVAILABLE THROUGH THE SERVICE. YOU MAY FIND OTHER USER'S
INFORMATION TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU
AGREE THAT SITE OWNER 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 THE USE OF OR RELIANCE ON ANY SUCH
INFORMATION.
- Indemnity
14.1. You hereby agree to, at your own expense, indemnity, defend
and hold Site Owner and our subsidiaries, affiliates, officers,
directors, agents, and employees harmless from and against any loss,
cost, damages, liability, or expense arising out of or relating to
(a) a third-party claim, action or allegation of infringement,
misuse or misappropriation based on information, data, files or
other content submitted by you to the Service; (b) any fraud,
manipulation, or other breach of this Agreement by you; (c) any
third-party claim, action or allegation brought against Site Owner
arising out of or relating to a dispute with you over the terms and
conditions of an agreement or related to the purchase or sale of any
goods or services; (d) your violation of any law or the rights of a
third party; or (e) your use, or Site Owner's provision, of the
Services or use of your account by any third party. Site Owner will
have the right to participate in its defense and hire counsel of its
choice, at your expense. You will not settle any action or claims on
Site Owner's behalf without the prior written consent of Site Owner.
- Notices
Site Owner shall provide notice to you via email to the email
address currently in your account settings. Such notice shall be
deemed given 24 hours after it is sent, or earlier if actually
received by you earlier. Alternatively, Site Owner may choose to
provide notice to you via certified or registered mail to the
mailing address currently in your account settings. In such case,
notice shall be deemed given 3 days after the date of mailing. You
shall provide notice to Site Owner through the Contact Us page, with
a copy sent via certified or registered mail to
Site Owner Attn:
Customer Service.
- Miscellaneous
16.1. This Agreement is not assignable, transferable or
sublicenseable by you without Site Owner's prior written consent,
and any such conveyance shall be null and void. Site Owner may
assign this Agreement in whole or in part.
16.2. If any provision of this Agreement is held by a court of
competent jurisdiction to be illegal, invalid or unenforceable, 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.
16.3. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section.
16.4. Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or
similar breaches.
16.5. Site Owner and you agree that the 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 the Agreement, and that all waivers and modifications must
be in a writing signed by both parties, except as otherwise provided
herein. No delay or omission by either party in exercising any right
or remedy under this Agreement or existing at law or equity shall be
considered a waiver of such right or remedy.
16.6. This Agreement sets forth the entire understanding and
agreement between us with respect to the subject matter hereof. You
agree and acknowledge that you are not entering into this agreement
in reliance on any statements or representations other than those
set forth herein. Should any term or condition be in conflict
between this Agreement and any document incorporated by reference
into this Agreement, the terms of this Agreement shall control.
16.7. No agency, partnership, joint venture, or employment is
created as a result of the Agreement, and you do not have any
authority of any kind to bind Site Owner in any respect whatsoever.
16.8. The Agreement shall be governed by the laws of the Site
Owner's State, without regard to its choice or law or conflict of
laws provisions. All legal actions in connection with the Agreement
shall be brought in the state or federal courts located in Site
Owner's principle place of business. In any action or proceeding to
enforce rights under the Agreement, the prevailing party will be
entitled to recover its costs and attorneys' fees.
- Questions and Comments
17.1. If you have any questions or comments about this agreement,
you can contact us through the use of our contact form on our
website at the location /ContactUs
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