Web Site Terms and Conditions of Use
Welcome to Wedding Sites and Services, a division of Birchwood Publishing, Inc.
and conditions that govern your use of, and access to, our website,
www.weddingsitesandservices.com (our “Site”).
I. ACCEPTANCE OF OUR TERMS
II. YOUR USE OF OUR SITE
We want you to enjoy using our Site and visit us often. However, there are some rules
that you must follow. While using our Site, you agree not to:
- Use our Site for any purpose other than your own personal, non-commercial use;
- Create an account in another's name, create more than one account, or use another's account
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others' copyrights, privacy rights or rights of publicity;
- Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- Restrict or inhibit any other user from using our Site, including, without limitation, by means of "hacking" or defacing any portion our Site;
- Violate any applicable laws or regulations;
- Upload or otherwise display fraudulent material or content;
- Engage in spamming;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items or collect or harvest information about Site Members, including but not limited to use of robots, spiders, or similar means;
- Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Site;
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Site;
- Upload photographs of people who have not given permission;
- Send unsolicited emails to other Members;
- Display material containing nudity or images of a pornographic nature;
- Post objectionable material, such as material containing hate or malicious content or material inciting or advocating terrorism or violence.
Failure to comply with the above rules will constitute a violation of our Terms, and, in addition to any other rights or remedies that we may have, we may immediately terminate your access to and use of our Site.
III. YOUR ACCOUNT / YOUR CONTENT
You may create a member account on our Site by registering your name, providing
certain information about yourself, and creating a password. You agree that you will
provide complete, current and accurate information about yourself as requested, and
that you will keep that information up to date. You are responsible for safeguarding the
confidentiality of your username and password and any other confidential information
that you may provide to us or post on our Site. You agree not to disclose your
username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND
FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR
ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR
You will immediately notify us of any unauthorized use of your account. In order to
create a member account, you must be at least 13 years of age. You represent to us
that you are at least 13 years old. If you are not, please do not set up an account with
You may post content on our Site, including photographs, images, text, graphics and
other materials (collectively, "User Content "). If you do so, you automatically grant, and
you represent and warrant that you have the right to grant, to us an irrevocable,
perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide license (with
the right to sublicense) to use, copy, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part) distribute and make derivative works of, such
content for any purpose and in any format on or in connection with our Site or the
business of Birchwood Publishing, Inc., or the promotion thereof. You acknowledge that
we may retain archived copies of your content and may continue to use your content in
connection with any materials that were created prior to your removal of your content, in
accordance with the license described above.
Furthermore, by posting User Content, you expressly represent and warrant the
following: (i) you own or otherwise have all necessary rights with respect to your User
Content; (ii) your User Content will not infringe, misappropriate, or otherwise violate any
intellectual property or other property right of any third party; (iii) you have any and all
necessary authorizations and permissions of all persons and entities featured in, or
otherwise connected with, your User Content; and (iv) your User Content is not unlawful,
fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise
User Content that violates these Terms may be removed from our Site but we have no
obligation to remove User Content in response to your requests. We are not responsible
for, and will have no liability for, the removal or non-removal of any User Content.
By providing personal information to this Site, you consent to the collection and
processing of such information in the United States of America. You may not use this
Site or export Site Content in violation of U.S. export laws and regulations.
You may not assign any of your rights hereunder, including the right to your account.
IV. THIRD PARTY SITES
Please understand that while we may provide access on our Site to third party sites and
access to third party content, products and services (collectively “Vendors”) we have no
control over these Vendors. We do not provide products or services to you, we do not
represent any Vendors, we do not act as their agents and we do not endorse any
As such, we are not involved in, and are not a party to any transactions or
communications that may occur between you and our Vendors. Accordingly,
we are not responsible for the quality or accuracy of any representation or warranty
made by any Vendor, and we are not responsible for the safety or legality of any
transactions that you may engage in with any Vendor, or any loss or damages incurred
in connection therewith. We cannot and will not guaranty the accuracy of Vendor
identities, Vendor listings, or the ability of Vendors to provide products or services they
may offer, or the quality of those goods or services. Any dispute you have with a Vendor
is between you and the Vendor, and we will not be a party to that dispute.
You interact with Vendors at your own risk and it is your responsibility to take all
protective measures to guard against viruses or other destructive elements. You are
bear all risks associated with your transacting or communicating with any Vendor.
V. COPYRIGHT INFRINGEMENT
We are committed to protecting copyrights and expect you to do the same.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
copyright owners who believe that material appearing on the Internet infringes their
rights under U.S. copyright law. Our Copyright Policy (incorporated herein by
reference), sets forth the steps you must follow to contact us regarding any concerns or
allegations relating to copyright infringement. Please review that policy carefully.
VI. INTELLECTUAL PROPERTY ON OUR SITE
Our Site contains trademarks, trade names, trade dress, service marks, copyrighted
material, inventions, know how, potentially patentable business method material, logos,
source code or other computer code and other intellectual property owned or controlled
by us (collectively, “Our IP”). You shall in no way contest or deny the validity of, our right
of title to, or our license to use, Our IP, and you shall not encourage or assist others
directly or indirectly to do so. You shall not utilize Our IP in any manner that would
diminish its value. You may not copy, reproduce, distribute, modify, transmit or publicly
display our IP or any portion of our Site or create derivative works of any portion our Site
without our written consent. You shall not use or register any domain name, trademark
or service mark that is identical to or similar to any of our trademarks or that is likely to
cause confusion, mistake or deception with any of our trademarks. Our trademarks
include WEDDING FACILITIES, WEDDING SERVICES, WEDDING SITES AND
SERVICES, WEDDING FACILITIES AND SERVICS, BAR MITZVAH SITES AND
SERVICES and BAT MITZVAH SITES AND SERVICES.
Subject to and conditioned upon your compliance with these Terms, we grant to you a
non-exclusive, non-transferable, limited right and license, without right of sublicense, to
access and use our Site, including any images, text, graphics, sounds, data, links and
other materials incorporated into our Site (other than your User Content as set forth
above), solely as made available by us and solely for your own personal non-commercial
VII. MODIFICATION OF OUR SITE
We reserve the right, at our sole discretion, to modify, add, remove, suspend or
discontinue all, or any portion, of our Site at any time.
You agree that we may at any time, for any reason or no reason, in our sole discretion,
terminate, suspend or restrict the authorization, rights and license granted to you herein,
including your right to access our Site, or certain features of our Site, without prior
notice. Without limiting the foregoing, we may terminate your access to our Site if you
violate these Terms.
In the event that we terminate your right to access our Site, the provisions in our Terms
regarding ownership of our Site IP, Disclaimers, Limitation of liability and Indemnification
shall survive such termination. Upon termination, you will have no further access to, and
we may delete, any information, files or materials in or related to your account, including,
without limitation, any User Content and any information, files and materials related to
your account, and we will have no obligation whatsoever to save or make any such
information, files or materials available to you.
You agree that we will have no liability whatsoever to you or any other party as a result
of a termination of your access our Site and to your account as a result of the deletion of
any information, files or materials in or related to your account.
YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. INFORMATION
CONTAINED ON OUR SITE MAY CONTAIN INACCURACIES AND EXCEPT FOR ANY
EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OR AS OTHERWISE SET
FORTH IN THESE TERMS, OUR SITE AND ALL MATERIALS INCORPORATED
THEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR
DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS,
AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i) IMPLIED
WARRANTIES OF TITLE, (ii) NON-INFRINGEMENT, (iii) ACCURACY, (iv)
MERCHANTABILITY, (v) FITNESS FOR A PARTICULAR PURPOSE, (vi)
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF
PERFORMANCE OR USAGE OF TRADE, (vii) WARRANTIES AS TO FREEDOM
FROM INTERRUPTION, DELAY, ERRORS, TECHNICAL ERRORS OR
UNAUTHORIZED, INJURIOUS INTRUSIONS SUCH AS HACKING, VIRUSES AND
OTHER HARMFUL COMPONENTS, AND (viii) WARRANTIES THAT DATA YOU
PLACE ON OR OTHERWISE STORE ON OUR SITE WILL BE SECURE, AVAILABLE
CERTAIN WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE
OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED
IN THAT JURISDICTION.
X. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE
NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES,
CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES SHALL BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, ARISING
OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO
PROVIDE) PRODUCTS OR SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY
PRODUCT WE MAY OFFER IS TO OBTAIN A REFUND, AND YOUR SOLE AND
EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICE WE MAY OFFER IS
TO STOP USING THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, THE MAXIMUM LIABILITY TO US ARISING OUT OF OR
RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE)
PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY
YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. FURTHERMORE, WE HAVE NO LIABILITY TO YOU OR TO
ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. WE SHALL
HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSMISSIONS, AND/OR
ANY CONTENT INCLUDED IN SUCH TRANSMISSIONS, SENT BY YOU TO
VENDORS OR RECEIVED BY YOU FROM VENDORS.
YOU ASSUME LEGAL RESPONSIBILITY FOR AND WILL INDEMNIFY US FROM, ALL
DAMAGES INCURRED AS A RESULT OF ANY OF YOUR USER CONTENT.
CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT
BE APPLICABLE IN EVERY JURISDICION.
XI. NO AGENCY
You hereby agree and acknowledge that your provision of services and/or your use of
our Site does not confer or imply any contractor (independent or otherwise), agency,
partnership, joint venture, employee-employer or franchiser-franchisee relationship with
us and furthermore that no legal affiliation, association or connection exists between you
and us. In no event shall you have authority to bind, commit, contract for, or otherwise
obligate us in any manner whatsoever.
You agree to defend, indemnify and hold harmless Birchwood Publishing, Inc, and its
officers, directors, employees and agents, from and against any and all claims, causes
of action, demands, liabilities, damages, losses or expenses and costs, including
reasonable attorneys' fees, arising out of or in any way directly or indirectly related to (i)
your access to, or use of, our Site, (ii) any activity related to access to or use of your
account by you or any other person, (iii) your User Content, (iv) your interaction or
transaction with any Vendor, or (v) a breach by you of these Terms or any other
agreement with us.
If you are a California resident, you waive California Civil Code §1542, which states: "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."
XIII. JURISDICTION / ARBITRATION
Our Site is controlled and operated from the United States and is not subject to the laws
or jurisdiction of any state, country or territory other than that of the United States. We
do not represent or warrant that our Site is appropriate or available for use in any
particular jurisdiction. You access our Site at your own risk, and are responsible for
complying with all applicable laws, rules and regulations. We may limit the availability of
our Site, in whole or in part, to any person, geographic area or jurisdiction that we
choose, at any time and in our sole discretion.
Any claim or controversy arising out of or relating to your use of this Site, to the goods or
services provided through our SIte, this Agreement, or to any acts or omissions for which
you may contend we are liable, including but not limited to any claim or controversy as to
arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The
arbitration shall be held before one arbitrator under the commercial arbitration rules of
the American Arbitration Association ("AAA") in force at that time. The arbitration shall
be conducted in New York County, New York. The arbitrator shall be selected pursuant
to the AAA rules. In any arbitration, the parties will split the cost of the filing fee, plus the
costs associated with the first day of arbitration, with the remaining costs of arbitration
paid by the non-prevailing party. To begin the arbitration process, a party must make a
written demand therefore.
Any judgment upon an award rendered by the arbitrators may be entered in any court of
competent jurisdiction in New York Country, New York. The arbitrators shall not have
the power to award damages in connection with any dispute in excess of actual
compensatory damages, shall not multiply actual damages or award consequential,
punitive or exemplary damages, and each party irrevocably waives any claim thereto.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL
BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO
GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP
YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTION LAWSUITS. YOUR
RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE
Should a dispute arise and should the arbitration provisions herein become inapplicable
or unenforceable, or in any instance of any lawsuit between you and us, the parties
agree that all matters relating to your access to, and use of, this Site shall be governed
by the laws of the State of New York, without giving effect to its conflict of laws
provisions. You agree to submit to the exclusive jurisdiction of any State or Federal
court located in the County of New York, and waive any jurisdictional, venue or
inconvenient forum objections to such courts. With respect to any disputes or claims not
subject to arbitration (as set forth above) you agree not to commence or prosecute any
action in connection therewith other than in the state and federal courts of New York.
XIV. CLASS ACTION WAIVER
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR
COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A
CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER
IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY
GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF ANY OF
OUR SITES AND APPS SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
XV. ENTIRE AGREEMENT
These Terms embody the entire agreement and understanding of the parties and
supersedes all prior agreements, representations and understandings between the
parties relating to the subject matter hereof.