TERMS OF USE AGREEMENT

By accessing and using this site, you accept and agree to be bound by the terms and provision of this agreement.

ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.


This Terms of Use Agreement (“Agreement“) constitutes a legally binding contract between Wedspo  (“Wedspo,” “we,” “us,” “our“) and you with respect to your use of the Wedspo website, applications, and the products and services offered by Wedspo through them (collectively, the “Site”). It is important that you carefully read and understand the terms and conditions of this Agreement.

This Agreement provides important information to you, including information about your obligations regarding your content, our limitation of liability to you, your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.

Changes to the Site or Terms

We reserve the right at any time to:

  • change the terms and conditions of this Agreement, consistent with applicable law;
  • change the Site, including eliminating or discontinuing any Information or Services (defined below) or other features in whole or in part; and
  • deny or terminate your use of and/or access to the Site.

Any changes we make to the terms and conditions will be effective immediately upon our making such changes available on the Site, and posting notice of such changes on the Site or in another manner in our reasonable discretion. You agree that your continued use of the Site after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to the terms of this Agreement, you should not use the Site. Be sure to return to this page periodically to ensure your familiarity with the most current version of this Agreement.

Eligibility

By registering with or using this Site you represent, acknowledge and agree that you are at least the age of majority where you reside. Regardless of the age of majority where you live, if you are not at least 13 years old, you may not use the Site.

Registration

Access to certain functionalities of the Site will require you to register with and/or provide certain information to Wedspo. If and when you register with or provide information to Wedspo, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Wedspo cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

When you sign up to become a Wedspo member, you will also be asked to choose a username and a password. Usernames are allocated on a first come, first serve basis. Wedspo reserves the right, in its sole discretion, to (a) refuse to issue a particular username, or (b) remove or reclaim any username. For instance, we may refuse to issue a username or reclaim a username if a third party that owns a trademark complains that a username violates that third party’s intellectual property rights, or if we determine that such user name impersonates someone else, misappropriates a person’s right of publicity, is illegal, or offensive. Your username is how you will be publicly identified, along with any photo you associate with your account.

User Generated Content

Wedspo welcomes the general public to register as members and share content in the form of comments, still photographs, video, stories, URL links and other types of user-generated content.

Content that complies with the following terms and conditions may be published by registered users on Wedspo.

1. If you share content on Wedspo, you agree to be bound by these terms and conditions. These terms and conditions are subject to change at any time.

2. Wedspo editors and moderators at their discretion may edit or remove your content without notice.

3. You acknowledge that your content is accurate and reflects actual people and events and you did not digitally alter images or footage in any way to create your content or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

4. All content shared by registered users of Wedspo must be strictly wedding related. No promotional content, imagery, URL links or advertising for non-wedding related topics or busineses may be shared on Wedspo.

Professional Profiles

Wedding professionals may elect to register as a professional and create a professional profile on Wedspo. Subject to the terms of this Agreement, such users can use the features made available by Wedspo to promote their business on the Site.

Privacy Policy

You acknowledge and agree that any personal information provided by you through registration or collected by us in connection with your use of the Site or any Services will be treated in the manner described in our Privacy Policy, which can be found at http://www.wedspo.com/privacy-policy/ Our Privacy Policy is incorporated into this Agreement, and you agree to its terms.

Your Permitted Use of Services and Information

The services made available on the Site (collectively the “Services”), as well as any information provided through the Site (collectively, the “Information”), are provided for your personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted in this Agreement. No Wedspo materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted in this Agreement. Wedspo’s permission to you for your use of this Site expressly excludes commercial use by you of any Information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Site.

Wedspo permits you to view and print a reasonable number of copies of web pages located on the Site for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide attribution to Wedspo, (c) the material is printed in its entirety without modification, reformatting or adaptation of any kind, and (d) any such copies are subject to the terms and conditions of this Agreement and remain the property of Wedspo. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Wedspo promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Wedspo or others.

Postings and Other Submissions

We don’t claim ownership over any Content that you post on this site. “Content” means any content or creative expression that you’re able to upload or post on the site., including text, images, files, animations, logos, comments, or otherwise. However, when you post or transfer Content to the site, you give us a non-exclusive, royalty-free, world-wide, perpetual, transferable license to use, store, reproduce, adapt (so we can properly post your Content), distribute and publicly display your Content in order to provide this site.

You are responsible for the Content you submit and publish on this site. You assume all risks associated with it, including accuracy, intellectual property claims, or any other legal rights claims. You represent and warrant that (i) you either own the Content you post, or that you have all necessary rights to post that Content on the Wedspo site, (ii) your Content does not infringe any third party’s rights, and (iii) you can grant the licenses you grant in these Terms.

When you post on the Wedspo site, you are agreeing to allow other Wedspo site members and members of the public to view, distribute and display your Content. Consider the Content you post on Wedspo to be publicly available indefinitely since it may be distributed by other Wedspo members through social media or otherwise, or be cached on third party search engines, even after your Wedspo account is terminated. Be aware that it is extremely difficult to remove content from the Internet that becomes publicly available.

We reserve the right (though we have no obligation) to refuse or remove any Content you post or transfer to the Wedspo site for any reason.

You understand that when using Wedspo, you may be exposed to content from a variety of sources, and that Wedspo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such content. You may be exposed to content that are inaccurate, offensive, indecent, sexually explicit and other adult oriented content, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Wedspo with respect thereto.

Unless requested by law enforcement or the government, Wedspo will never sell, distribute or share your Content outside of the Wedspo site without your permission. However, as mentioned above, other Wedspo users may distribute and share your Content outside of the Wedspo site.

At any time, you may delete your Content from the Wedspo site, or delete your Wedspo account entirely. Additionally, we reserve the right to terminate or suspend your account at any time, with or without notice. When your account is terminated, you no longer have the right to access or use the Wedspo member services. When you delete Content or your account is terminated, we will use reasonable efforts to remove all of your Content from the Wedspo site. However, there may be a delay between your request and when the Content or account is publicly visible due to technical or operational limitations. Note that we do retain backups of Content on our servers, and some of your Content may remain on our servers (though not publicly visible) even after you ask to have it deleted. If you delete your account or Content, it may be permanently unrecoverable.

We may modify our Services at any time, since the Wedspo site is a constantly changing and evolving service. We may delete or modify any part or all of this Service at any time, without notice. We may add features and functionality from time to time, and we reserve the right to limit use of certain features or functions.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

Content Posted by Users

All imagery and links shared on Wedspo should be directly wedding related. Business promotions by Professional members should be strictly related to the wedding industry. All users are not permitted to post content that promotes business, services or platforms that are not related to the wedding industry. Wedspo reserves the right to remove non-wedding related content immediately and freeze or delete entire the accounts of any user who has posted such content.

User Activity

If you have not logged into your account for 365 days, we may delete your account to make room for new users. Again, we will send you a warning e-mail to let you know that your account is about to be removed, giving you a chance to log in and keep your account.

If you use a robot to post on the Wedspo site, or to sign up for multiple accounts, or to follow lots of other users, we may delete your account. If you follow too many other users we may delete your account if we feel you are not acting like a human being.

Third-Party Links

The Site may contain links to other websites (the “Third-Party Sites”) for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked Third-Party Site or any material contained on any linked Third-Party Site, and we disclaim any such approval or endorsement. We do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.

Ownership

The Site is owned and operated by Wedspo and its licensors. The Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Wedspo and its licensors and suppliers. The Information and Services are protected by Australian and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Site or any Service or Information without our prior written permission. The Site, Information, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Wedspo or, if so indicated in writing by Wedspo, its licensors or suppliers. Use of the Site or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any Services or Information.

The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered trademarks of Wedspo, Wedspo licensors and suppliers, and/or others. Nothing contained in this Agreement or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the express written permission of Wedspo, Wedspo licensors or suppliers, or the third party owner of any such Trademarks, except as set forth in the following paragraph. You acknowledge and agree that all rights in and to the Wedspo Trademarks are our exclusive property, and any goodwill generated by your use of any Wedspo Trademarks will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any our Trademarks.

Wedspo Buttons, Links and Widgets

You have permission to use the Wedspo buttons, links and widgets, subject to the terms of this Agreement (including the disclaimers and limitations of liability) and the further understanding that: (a) your use of such buttons, links and widgets link only to the Site; (b) you do not modify such buttons, links, widgets or associated code in any manner; (c) you do not use any such buttons, links, widgets in any manner which implies or suggests that Wedspo operates, endorses, sponsors or recommends the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate Wedspo’s Acceptable Use Policy. We retain the right to revoke the permission to use such buttons, links and widgets at any time for any reason.

Copyright and Trademark Policy

Wedspo has adopted and implemented a Copyright and Trademark policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the Site infringes your intellectual property rights, please read our Copyright and Trademark Policy.

Reports of Other Violations

If you believe content on the Site violates Wedspo’s Acceptable Use Policy or otherwise violates applicable law (apart from copyright or trademark violations), you may advise Wedspo via email to mail@wedspo.com. Wedspo may consider a takedown request of this nature but is not obligated to respond.

Feedback

We welcome your feedback and suggestions about how to improve Wedspo. Feel free to submit feedback at http://www.wedspo.com/feedback/ By submitting feedback in this or other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

Term & Termination

This Agreement is effective from the date that you first access the Site or submit any information to Wedspo, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Certain violations of this Agreement, as determined by Wedspo, may result in immediate termination of this Agreement, and/or your access to and use of the Site, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Site, whether made under the terms of this Agreement or otherwise. All disclaimers, limitations of liability, indemnitees, Wedspo rights of ownership, and licenses to Wedspo shall survive any termination.

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Wedspo to maintain and support the Site, or any part or portion thereof, during the term of this Agreement.

Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF WEDSPO ENTITIES TO YOU.

“WEDSPO ENTITIES” MEANS WEDSPO, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

  1. WE ARE PROVIDING YOU THE SITE, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WEDSPO ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
  1. WEDSPO ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) PLANTS OR SEEDS FROM THE EXCHANGES, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
  1. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, WEDSPO ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT WEDSPO ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
Indemnification

You agree to fully indemnify, defend, and hold Wedspo, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy (b) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Site or other websites to which the Site is linked; and/or (d) your negligent or willful misconduct.

Miscellaneous

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by Wedspo as provided herein or otherwise by written instrument signed by Wedspo. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with Wedspo’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Wedspo may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

This Site is Operated By

Wedspo

Last modified as of January 14, 2016