PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS
SITE.
1. ACCEPTANCE OF TERMS
Welcome
to OurWedvite.com! OurWedvite.com
(OurWedvite) provides the OurWedvite.com service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. You
can review the most current version of the TOS at any time at: http://www.OurWedvite.com/OWVTerms.htm.
If you have any questions or concerns regarding these
Terms of Service, please let us know by emailing us at support@OurWedvite.com. BY COMPLETING THE REGISTRATION PROCESS, OR
USING ANY OF PART OF THE EVITE SERVICE, USER AGREES TO BE BOUND BY ALL OF THE
TERMS AND CONDITIONS HEREIN. You may
continue to use OurWedvite as long as you adhere to these Terms of Service.
2. OVERVIEW
The Site offers a multi-purpose service which allows you
to create and send wedding related invitations and announcements to your friends
and family, receive invitations, and wedding guest management, among other
things (together with the Site, collectively, the "Service"). These
Terms of Service apply to the OurWedvite Service. All content and services made available
through the Site that were not made available as of the "Last
Updated" date below, shall automatically be deemed to be part of the
Service when first made available through the Site.
OurWedvite.com
currently provides users with access to a rich collection of on-line resources,
including online wedding guest management for personal use. Unless explicitly stated otherwise, any new
features that augments or enhances the current Service, including the release
of new OurWedvite.com resources, shall be subject to the TOS. In order to use the Service, you must obtain
access to the World Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including a computer
and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In
consideration of use of the Service, you are required to register for the
service if you want to use any of its features, free or paid. You agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's
account registration form (such information being the "Account Data")
and (b) maintain and promptly update the Account Data to keep it true,
accurate, current and complete. In consideration for using the Service, you agree to: (1)
provide certain current, complete, and accurate information about you when
prompted to do so by the Service, and (2) maintain and update this information
as required to keep it current, complete and accurate. If any information provided by you during your
original account registration is inaccurate.
OurWedvite has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion
thereof).
You
also understand and agree that the service may include certain communications
from OurWedvite, such as service announcements, administrative messages and you
will not be able to opt out of receiving them.
You agree to immediately notify us of any unauthorized use
of your account or any other breach of security related to your account or the
Service, and to ensure that you "log off"/exit from your account (if
applicable) at the end of each session. We
are not liable for any loss or damage arising from your failure to comply with
any of the foregoing obligations. You
are solely responsible for maintaining the confidentiality of your password and
account, and agree not to transfer your email address or password, or lend or
otherwise transfer your use of or access to the Service, to any third party. You are also solely responsible for any and
all activities that occur under your account.
4. OURWEDVITE PRIVACY POLICY
Pursuant
to OurWedvite's privacy policy, we may disclose to
third parties certain aggregate information contained in your Account Registration
Data or related data, provided that, such information will NOT include
personally identifying information, except as specifically authorized by you or
in the good faith belief that such action is reasonably necessary to comply
with the law, legal process, to enforce the TOS, or under any of the other
circumstances set forth in our privacy policy, as may be amended from time to
time. For more information, please see our full privacy policy at http://www.OurWedvite.com/OWVPrivacyPolicy.htm.
5. MEMBER CONDUCT & USE OF CONTENT
You acknowledge that the Service may contain information,
software, photos, text, graphics, or other material (collectively,
"Content") that are protected by copyrights, patents, trademarks,
trade secrets or other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or hereafter
developed. The entire Content, taken
together, is protected under
The OurWedvite/OurWedvite.com name and logo are exclusively licensed to OurWedvite.
All other trademarks appearing on the Service
are trademarks of their respective owners. Our partners may also have additional
proprietary rights in the content which they make available through the
Service. The trade names, trademarks and
service marks owned by us, whether registered or unregistered, may not be used
in connection with any product or service that is not ours, in any manner that
is likely to cause confusion. Nothing
contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of
our trade names, trademarks or service marks without our express prior written
consent.
OurWedvite.com
retains exclusive rights to a custom design, if custom design service is
chosen, for using as a template for sale or use on the OurWedvite.com
website. OurWedvite.com also retains
rights to the design itself for use on the OurWedvite.com website, and any
OurWedvite.com promotional material.
OurWedvite
will keep ownership of the custom design.
The participant may display or archive the design in a portfolio or
personal collection, but may not sell or reproduce the design for commercial
purposes. The participant cannot submit
the design to another company to be potentially produced, unless granted
express permission by OurWedvite.
You agree to not use the Service to:
(a)
upload, post or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
(b)
Harm minors in any way;
(c)
Impersonate any person or entity, including, but not limited to, a OurWedvite employee, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
(d)
Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service or develop restricted or
password-only access pages, or hidden pages or images (those not linked to from
another accessible page). Attempt to gain unauthorized access to the Service, other
accounts, computer systems or networks connected to the Service, through password
mining or any other means. Frame or
mirror any part of the Service or Application without our express prior written
consent;
(e)
upload, post or otherwise transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
(f)
upload, post or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party;
(g)
upload, post or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation,
except in those areas of the Service that are designated for such purpose;
(h)
upload, post or otherwise transmit 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;
(i)
Interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
(j)
intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
(k)
use your event as storage for remote loading or as a
door or signpost to another home page, whether inside or beyond OurWedvite.com;
(l) use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Service any directory of
(m) remove any copyright, trademark or other proprietary
rights notice from the Service or Content or Materials originating from the Service;
(n) create a database by systematically downloading and storing content from
the Service;
(o) use any robot, spider, site search/retrieval
application or other manual or automatic device to retrieve, index,
"scrape," "data mine" or in any way gather Content or
Materials from the Service or reproduce or circumvent the navigational
structure or presentation of the Service;
(p) engage in any other conduct which, in in any other conduct which, in OurWedvite’s
sole discretion, is considered inappropriate, unauthorized or objectionable.
6. SPECIAL ADMONITIONS FOR
INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from the
7. INDEMNITY
You
agree to indemnify and hold OurWedvite, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your Content, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation of any
rights of another.
8. NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND
STORAGE
You
acknowledge that OurWedvite may establish general practices and limits
concerning use of the Service. If you
utilize customized design services, it is up to our sole discretion of how large
files can be.
10. MODIFICATIONS TO SERVICE
OurWedvite
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that OurWedvite shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
11. TERMINATION
You
agree that OurWedvite, in its sole discretion, may terminate your password, use
of the Service or use of any other OurWedvite service, and remove and discard
any Content within the Service, for any reason, including, without limitation,
for lack of use or if OurWedvite believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. OurWedvite may also in its sole discretion and
at any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any
termination of your access to the Service under any provision of this TOS may
be effected without prior notice, and acknowledge and agree that OurWedvite may
immediately deactivate or delete your OurWedvite.com event and all related
information and files in your OurWedvite.com event and/or bar any further
access to such files or the Service. Further,
you agree that OurWedvite shall not be liable to you or any third-party for any
termination of your access to the Service. There are no refunds, credits or compensation
of any kind for termination of your event or the OurWedvite.com site.
12. LINKS
The
Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because
OurWedvite has no control over such sites and resources, you acknowledge and
agree that OurWedvite is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on or available from
such sites or resources. You further
acknowledge and agree that OurWedvite shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
13. PHOTOGRAPH/GRAPHIC/BACKGROUND
GUIDELINES
When creating a template, you will have the opportunity of
posting/uploading a photograph, background and/or graphic (the “Image”) (The
photograph should be of you, be current, and your face should be clearly
visible. We will also accept photographs
which show yourself plus another adult person (companion, spouse, family
member, etc.), your children, and/or your pet. We will
also accept a graphic containing a logo instead of your photograph; provided
that you are the copyright owner. Photographs
may not contain images of children alone, cartoons, comics, celebrities,
nudity, or artwork, or obscene or otherwise inappropriate images (as determined
by OurWedvite in its sole discretion). All
photographs submitted to OurWedvite are subject to review and, if deemed by OurWedvite
to violate these Terms of Service or be inappropriate, in its sole discretion,
shall be removed. Offensive content is
not permitted in any form. If you see
any Images on the Site that do not conform to this policy, please notify us by
emailing us at support@ourwedvite.com.
All Materials posted by you, are your sole responsibility. By posting
Materials you represent and warrant that you own all right, title and interest
to such Materials and any likenesses contained in such Materials.
You
acknowledge and agree that the Service and any necessary software and/or
application used in connection with the Service ("Application")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You
further acknowledge and agree that Content contained in information presented
to you through the Service is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly authorized by OurWedvite
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
15. DISCLAIMER OF WARRANTIESyle='font-size:12.0pt;font-family:
"Tw Cen MT","sans-serif";color:#010101'>15. DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
(a)
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. OURWEDVITE EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
(b)
OURWEDVITE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
(c)
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
(e) In order to
permit us to protect the quality of our products and services, you hereby
consent to our employees and representatives being able to access your account
and records for any reason, in our sole discretion. We also reserve the right, but do not assume
the responsibility, to monitor or review your conduct while using the Evite
Service. Your use of the Evite Service is subject to all applicable local,
state, national and international laws and regulations.
16. LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT OURWEDVITE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF OURWEDVITE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY
TO YOU.
18. NOTICE
Notices
to you may be made via either email or regular mail. The Service may also provide notices of
changes to the TOS or other matters by displaying notices or links to notices
to you generally on the Service.
19. COPYRIGHTS
OurWedvite respects the intellectual property rights of others and we ask our users to do the same.
20. GENERAL INFORMATION
The
TOS constitute the entire agreement between you and OurWedvite and govern your
use of the Service, superceding any prior agreements
between you and OurWedvite (including, but not limited to, any prior versions
of the TOS). You also may be subject to
additional terms and conditions that may apply when you use affiliate or other
OurWedvite services, third-party content or third-party software. The TOS and the relationship between you and
OurWedvite shall be governed by the laws of the State of
21. VIOLATIONSrmal'>21. VIOLATIONS
Please
report any violations of the TOS to OurWedvite Support http://www.ourwedvite.com/contact.aspx.
OurWedvite.com Legal Terms &
Conditions
Last Revised May 27, 2008
Participants who, in the opinion of
OurWedvite.com, do not comply with these guidelines can at any time be excluded
from the running without notification of reason.