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TERMS OF SERVICE
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- AGREEMENT
Brilliance Web Design, Inc. provides the following Service to you
subject to the following Terms of Service
("Terms") which may be updated by us from time to time without notice to you.
- DESCRIPTION OF SERVICE
Brilliance Web Design, Inc. ("Brilliance Web
Design") operates this site (brilliantweddingpages.com and bwedd.com)
and associated web pages which for
purposes of this Terms of Service ("Terms") will be referred to
as "BWEDD.COM". Brilliance Web Design offers you access to
BWEDD.COM which provides you with various online resources,
including wedding web site design and hosting services (the
"Service"). Brilliance Web Design offers you access to this
Service conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein. Your use of
the Services constitutes your agreement to all such terms,
conditions, and notices stated here and as may be
modified by Brilliance Web Design from time-to-time in its sole
discretion without notice to you. Unless explicitly stated
otherwise, any new features or products that augment or enhance
the current Service shall be subject to these Terms of
Service.
- REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree
to:
- provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form
(such information being the "Registration Data") and
- maintain and promptly update the Registration Data to keep it
true, accurate, current and complete.
If you provide any information that is untrue,
inaccurate, not current or incomplete, or Brilliance Web Design
has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Brilliance Web
Design 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).
- BRILLIANCE WEB DESIGN PRIVACY POLICY
Pursuant to Brilliance Web Design's privacy policy,
we may disclose to third parties certain aggregate information
contained in your Registration Data or related data, provided
that, such information will NOT 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 Terms, 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.bwedd.com/guests/privacypolicy.asp
- ONLINE CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not Brilliance Web Design, are
entirely responsible for all Content that you upload, post or
otherwise transmit via the Service.
Brilliance Web Design does not control the Content
posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable.
You agree that:
- you will not use BWEDD.COM, in whole or in part, for any
purpose that is unlawful or prohibited by these Terms.
- you are solely responsible for any Content or information you
publish, display or post on the Service.
- you will not publish, display or post on the Service any
defamatory, inaccurate, abusive, obscene, profane, offensive
sexually oriented, threatening, harassing, racially offensive, or
illegal Content.
- you will not publish, display or post on the Service any
Content that infringes or violates another party's intellectual
property rights (including another party's copyrights, trademark
rights or trade secret rights) or rights of privacy, publicity or
personality.
- you will not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works
from, frame in another web page, use on any other web site,
transfer, or sell any information, software, lists of users,
databases or other lists, products or services provided through
or obtained from the Service. This means, among other activities,
that you agree not to engage in the practices of "screen
scraping" or any other activity with the purpose of obtaining
lists of users or other information.
- you will not use the Service in any way which could damage,
disable, overburden, or impair the Service or interfere with any
other party's use and enjoyment of the Service.
- you may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or
provided for through the Service.
- except with the written permission of Brilliance Web Design,
you agree that you will not access or attempt to access password
protected, secure or non-public areas of the Service.
Unauthorized individuals attempting to access prohibited areas of
the Service may be subject to prosecution.
- you will not impersonate any person or entity, including, but
not limited to, a Brilliance Web Design or BWEDD.COM employee, or
falsely state or otherwise misrepresent your affiliation with a
person or entity;
- you will not 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);
- you will not publish, display or post on the Service any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
- you will not 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;
- you will not collect or store personal data about other users
of the Service.
- You will not promote or provide instructional information
about illegal activities, promote physical harm or injury against
any group or individual, or promote any act of cruelty to
animals.
- You will not use the Service to engage in commercial
activities, except with the written permission Brilliance Web
Design.
- MONITORING
Brilliance Web Design reserves the right, but has
no obligation, to monitor the materials posted in
publicly-accessible areas of BWEDD.COM. Brilliance Web Design has
the right to remove any such material, that in Brilliance Web
Design's sole discretion, violates, or may violate, any third
party right, applicable law or these terms of service.
Notwithstanding this right, you remain solely responsible for the
content of the materials you post in publicly-accessible areas of
BWEDD.COM.
- LIMITED USE LICENSE
Subject to these Terms, Brilliance Web Design
hereby grant's you a non-exclusive, non-transferable, license to
use the Service while you are a member of the Service. You may
not sublicense, assign, distribute, delegate, rent, lease,
time-share or otherwise transfer this license or any of the
related rights or obligations for any reason.
- INTERNATIONAL USE
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.
The Service may not be used by a national or
resident of
- Cuba, North Korea, Libya, Iraq, Yugoslavia, UNITA (Angola),
Iran, Syria, Sudan, to the territory of Afghanistan controlled by
the Taliban, or any other country to which the U.S. has embargoed
goods; or
- to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders.
By using the Services, you are agreeing to the
foregoing and you represent and warrant that you are not located
in, under the control of, or a national or resident of any such
country or on any such list.
- LIMITED USE LICENSE TO BRILLIANCE WEB DESIGN
Brilliance Web Design does not claim ownership to
any of the Content you provide to the Service. By posting
information or Content to any public area of the Service, you
grant to Brilliance Web Design a non-exclusive, worldwide ,
royalty-free, license to use, duplicate, publish, adapt,
transmit, display and distribute such information or content for
the limited purposes of displaying and promoting the user's
information and content on BWEDD.COM. The term of the license
will extend only for the duration of your membership to the
Service. In the event that your membership is terminated for any
reason, Brilliance Web design will relinquish all rights to such
information and content as described above following the duration
of any applicable promotional activities ongoing at the time the
membership is terminated.
- RIGHT TO REFUSE SERVICE
Brilliance Web Design reserves the right to refuse
to display advertisements for, establish links to or from, and
provide any portion of the Service to, any web site that
contains, advertises or links to any other web site that contains
Prohibited Material.
"Prohibited Material" shall include the
following:
- nudity, sexual situations, pornography, and sexual material
of a lewd, lecherous or obscene nature and intent as determined
by Brilliance Web Design at their sole discretion;
- any material that violates local, state or any federal
laws;
- any material that violates or infringes in any way the rights
of any third party, including without limitation, copyright or
trademark rights;
- hate propaganda or hate mongering, swearing, or fraudulent
material or activity;
- any material that is threatening, abusive, harassing,
defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane, indecent, or otherwise objectionable or
inappropriate as determined by Brilliance Web Design at their
sole discretion;
- any material that promotes, encourages, or provides
instructional information about illegal activities;
- any software, information, or other material that contains a
virus, "Trojan Horse," corrupted data, or any other harmful or
damaging component; or
- any software or information to promote or utilize software or
services designed to deliver unsolicited e-mail.
In addition, Brilliance Web Design reserves the
right to reject any advertising that contains Prohibited
Material.
- INDEMNITY
You agree to indemnify and hold Brilliance Web
Design, and its officers, subsidiaries, affiliates, agents,
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 Terms, or your
violation of any rights of another.
- 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.
- MODIFICATION OF SERVICE
Brilliance Web Design 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 Brilliance Web Design shall not be liable
to you or to any third party for any modification, suspension or
discontinuance of the Service.
- YOUR PASSWORD AND ACCOUNT INFORMATION
Upon your successful enrollment in the Service,
Brilliance Web Design will send you your password and your
account information. You are entirely responsible for maintaining
the confidentiality of your password and account. You are
responsible for the use of your account and all activity under
your account, whether used under any name or by any person, and
for ensuring full compliance with this Agreement by all users of
that account. You agree to indemnify, defend, and hold harmless
Brilliance Web Design for any liability or expense arising from
such use or misuse of your password and account. You agree to
immediately notify Brilliance Web Design of any unauthorized use
of your account.
- ADVERTISEMENTS AND PROMOTIONS
Although Brilliance Web Design does not currently
run advertising or promotions BWEDD.COM members' wedding web
sites you agree that Brilliance Web Design reserves the right to
do so. By creating your BWEDD.COM wedding web site, you agree
that Brilliance Web Design has the right to run such
advertisements and promotions. The manner, mode and extent of
advertising by Brilliance Web Design on your BWEDD.COM wedding
web site is subject to change.
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through
the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such advertiser. You agree that Brilliance Web Design shall not be
responsible or liable for any loss damage of any sort incurred as
the result of any such dealings or as the result of the presence
of such advertisers on the Service.
- LINKS
The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources.
Because Brilliance Web Design has no control over such sites and
resources, you acknowledge and agree that Brilliance Web Design
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 Brilliance Web Design 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.
- BRILLIANCE WEB DESIGN PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the
Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws.
Except as expressly authorized by Brilliance Web Design or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service, in
whole or in part.
You agree not to access the Service by any means
other than through the interface that is provided by Brilliance
Web Design for use in accessing the Service.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRILLIANCE WEB DESIGN EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
performance, suitability, accuracy, reliability, fitness for a
particular purpose AND NON-INFRINGEMENT.
- BRILLIANCE WEB DESIGN 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 SOFTWARE WILL
BE CORRECTED.
- 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.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM BRILLIANCE WEB DESIGN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRILLIANCE
WEB DESIGN 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
BRILLIANCE WEB DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- 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;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
- 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 18 AND 19 MAY NOT APPLY TO YOU.
- COPYRIGHTS
Brilliance Web Design respects the intellectual
property of others, and we ask our users to do the same.
Brilliance Web Design may, in appropriate circumstances and at
its discretion, terminate the accounts of users who infringe the
intellectual property rights of others.
If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide
Brilliance Web Design with the following information:
- an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been
infringed;
- a description of where the material that you claim is
infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
- a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf.
Contact Brilliance Web Design as follows with the
above information:
By mail:
Brilliance Web Design, Inc.
P.O. Box 667
Hales Corners, WI 53130
By phone: (414) 425-4069
By fax: (888) 735-8904
By e-mail: copyright@bwedd.com
- GENERAL INFORMATION
This Agreement represents the complete agreement
concerning this Service between the parties and supersedes all
prior agreements and representations between them. If any
provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent
necessary to make it enforceable. This Agreement shall be
governed by and construed under the internal laws and
jurisdiction of the State of Wisconsin. The parties hereby agree
to submit to jurisdiction in Milwaukee, Wisconsin. If any
provision is held by a court of competent jurisdiction to be
contrary to law, such provisions shall be changed and interpreted
so as to best accomplish the objectives of the original provision
to the fullest extent allowed by law and the remaining provisions
of this Agreement shall remain in full force and effect.
Brilliance Web Design may assign or sublicense this Agreement.
You may not assign this Agreement without Brilliance Web Design's
prior written consent; any assignment by you without such consent
shall be null and void. Each party shall be responsible for
compliance with all applicable laws, rules and regulations, if
any, related to the performance of its obligations under this
Agreement. Neither party will be liable for any failure to
perform any obligation (other than payment obligations)
hereunder, or from any delay in the performance thereof, due to
causes beyond its control, including industrial disputes of
whatever nature, acts of God, public enemy, acts of government,
failure of telecommunications, fire or other casualty. Brilliance
Web Design is not responsible for any costs or liability
associated with making a connection (by any means) to the
Internet, the Service or other online service, or network. This
Agreement is void where prohibited by law, and the right to
access the Service is revoked in such jurisdictions. The sections
headings appearing in this Agreement are inserted only as a
matter of convenience and shall not be interpreted as
substantive. Nothing in this Agreement will be deemed to limit or
restrict Brilliance Web Design from entering into agreements with
any other person covering services similar to the Services or
from offering such similar services itself. The parties hereto
are independent contractors, and nothing in this Agreement
creates any Providership, joint venture, agency, franchise, sales
representative or employment relationship between the parties.
You have no authority to make or accept any offers or
representations on Our behalf and you shall not make any
statement that contradicts anything in this Section.
- VIOLATIONS
Please report any violations of this Agreement via
our Contact Us Form.
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