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 U.S. copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.  Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited.  Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the Service, including the Content.

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 United States or the country in which you reside.

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 Wisconsin without regard to its conflict of law provisions.  You and OurWedvite agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dane, Wisconsin. The failure of OurWedvite to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.  If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in the TOS are for convenience only and have no legal or contractual effect.

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.