INCLUDING LIMITATIONS, EXCLUSIONS, AND DISPUTE RESOLUTION POLICIES.
By accessing or using the web site at www.FingerLakesBrideGuide.com (the "Site"), and services originating
in these Terms.
This Site is intended for users who are eighteen (18) years of age or older. By using the Service or the Site, you represent and warrant that you are 18 or older or that you have your
parent or legal guardian’s permission to do so, and that you agree to and to abide by all of the terms and conditions of this Agreement. Site Membership is void where prohibited.
In consideration of your access to and use of the Site, you agree to provide accurate and complete information about you in registering for the Site and submitting information to us;
to maintain the security of your password; to promptly update the Registration Information, and any other information you provide to us, in order to keep it accurate and complete; and
to be fully responsible for all use of your account.
Rights in Content, License
Content on the Site and available through the Site, including text, graphics, pictures, video, information, any sound and other files, and these elements’ selection and arrangement (the "Site
Content"), are the property of the Company or its licensors, or of the users who legally submitted it, with all rights reserved. No Site Content may be modified, copied, distributed,
framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission,
except that the foregoing does not apply to your own content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to
access and use the Site and the Site Content for your personal, non-commercial use, provided that you do not remove or modify copyright or other notices. Except for the content that you
provide, you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database, compilation, or publication, and any other
use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company,
is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications
otherwise. This license is revocable at any time without notice and with or without cause. Notwithstanding anything other terms, you may not use any data mining, robots or similar data
gathering or extraction methods with respect to the Site.
Except for advertising programs offered by us on the Site , the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no
materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you will violate or infringe upon the rights of any third party, including copyright,
trademark, privacy, publicity or other personal or proprietary rights. You further represent, warrant and agree that no materials of any kind submitted through your account or otherwise
posted, transmitted, or shared by you contain libelous, defamatory or otherwise unlawful material.
In addition, you agree that you will not:
- harvest or collect email addresses or other contact information of other users to send unsolicited emails or other unsolicited communications;
- use the Service or the Site in any manner that could damage, disable, overburden or impair the Site;
- use automated programs to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar,
obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, or otherwise make available any videos or photographs other than those of a personal nature that: (i) are of you or your friends or family, (ii) are taken
by you or your friends or family, or (iii) are original art created by you or your friends or family;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security
numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that
would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying
the Site, or which may expose Company or its users to any harm or liability of any type.
User Content Provided to Us on the Site
You are responsible for the photos, videos, information, text, music, video, listings, and other content that you enter,
upload, or display (hereinafter, "post") on or through the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit,
or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to,
review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole
might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content
you post or store on the Site or provide to the Company.
When you post User Content, you authorize us to make copies in order to post and store the User Content. By posting User Content, you grant and warrant that you have the right to grant,
an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to us to use, copy, publicly perform, publicly display, edit, modify,
reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or promotion of the Site, and to grant and authorize
sublicenses. As between us and our users, subject to the rights granted to us in these Terms, our users retain full ownership of their respective User Content and any intellectual property
rights or other proprietary rights associated with such User Content.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site or Service any materials that violate another
party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing
material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes
upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent.
1. Notification of Alleged Copyright Infringement
If you believe that your own copyrighted work is accessible on the Site or Service in violation of your copyright, you may provide our Designated Agent with a written communication as
set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
a. Identification in sufficient detail of the copyrighted work(s) or intellectual property that you claim has been infringed so that we can locate the material,
such as a direct page link to your own web site where the work can be found, or a U.S. copyright registration certificate number. If multiple works at a single web site are covered
by your Notification, you may provide a representative list.
b. Identify the URL or other specific location on the FingerLakesBrideGuide.com website that contains the material that you claim infringes your copyright.
You must provide us with reasonably sufficient information.
c. Provide the physical signature on the paper of the owner of the copyright or a person authorized to act on the owner's behalf.
d. State that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
e. State that the information contained in your Notice is accurate, and that under the penalty of perjury, you attest that you are the copyright owner or
that you are authorized to act on the copyright owner's behalf.
f. Include your name, mailing address, telephone number and email address.
You may be liable for damages, including court costs and attorneys fees, if you misrepresent that content on our website
and/or service infringes copyrights. Filing a false Notification is perjury.
Upon receiving a complete notification as described, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We
also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below, by which the alleged infringer may respond to your claim and request that
we restore this material.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, those
who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property
rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site and our Service includes links to other web sites ("Third Party Sites") as well as various content or items belonging to or originating from third parties (the "Third
Party Sites and Content"). Such Third Party Sites and Content are not investigated, monitored or checked by us, and we are not responsible for any Third Party Sites accessed through
the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or
other policies of the Third Party Sites or Content. Inclusion of, linking to or permitting the use or access to any Third Party Site or any Third Party Content does not imply approval
or endorsement by us. If you decide to access the Third Party Sites or Content, you do so at your own risk and our terms and policies no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any Third Party Sites or Content.
Vendor Searches and Listings
All vendor listings and vendor search functions for wedding-related goods and services or otherwise that are posted on or through the Site are provided as an information service to you
by the Company. The Company makes no warranties or guarantees as to the performance or delivery to you of any product or service by any listed vendor. You acknowledge that the Company
is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as
promised, or for any other aspect of the transaction.
Wedding Pages, Community Pages
Wedding pages or any other pages you create by providing text, photos, or other Content are special profiles used solely for commercial, political, or charitable purposes. You may not
set up a page on behalf of another individual or entity unless you are authorized by that individual or entity to do so.
AND CANNOT GUARANTEE THAT A PAGE WAS ACTUALLY CREATED BY AND/OR IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF THE PAGE. NOR IS THE COMPANY RESPONSIBLE FOR THE CONTENT
OF ANY PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY PAGE, INCLUDING HOW THE OWNER OF THE PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY
YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A PAGE.
to and processed in the United States.
You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users, and/or to remove
related communications or postings from the Site.
Disclaimers. Limitations of Liability
The Company is not responsible or liable in any manner for any User Content or Third Party Content or advertising posted on the Site or in connection with the Service, whether posted
or caused by users of the Site, by the Company, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide
rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate,
obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company
is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible
for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email
or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's
computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under
no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the
Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between
users of the Site, whether online or offline.
THE SITE, THE SERVICE, AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF
THE SITE AND/OR THE SERVICE AND/OR THE SITE CONTENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE,
YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING
THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM
APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND
THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site
at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH
OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING
THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE
RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you
from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason,
or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18.
Questions and Suggestions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company
are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted
use, development, and dissemination of these Submissions for any purpose, commercial or otherwise, without your permission, and without acknowledgment or compensation to you.
right or provision, in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any
validity and enforceability of any remaining provisions.