Brides365 – a Content That Works Announcement Application
Your Agreement with Brides365 – a Content That Works Announcement Application
Welcome to this Brides365 – a Content That Works Announcement Application website. Following are the terms and conditions that govern your use of this website.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THE SITE NOW. YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THIS AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
This Agreement is effective as of January 15, 2013. We expressly reserve the right to modify or revise this Agreement from time to time at our sole discretion and without notice to you. You acknowledge and agree that it is your responsibility to review this Agreement from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Agreement and your agreement to abide and be bound by the modified Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
OWNERSHIP OF THIS WEBSITE
This website is owned and operated by Brides365. All elements of this website, including, but not limited to, the general design and the Brides365 content, are protected by trade dress, copyright, moral rights, trademark and other proprietary rights. In addition, you should assume that all of the content or other works featured, displayed or made available to you through this website or the Brides365 service, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (together, the “Content”), is protected by copyright or other proprietary rights. The use of the Content in any manner by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or where specific permission is provided elsewhere on this website.
You are not entitled to duplicate, retransmit, create derivative works of, distribute, display or perform any portion or element of this website or the Content without the express permission of, in the case of the website, Brides365, and in the case of Content, the owner of that Content. This website, its Content and all related rights shall remain the exclusive property of Brides365 or the respective owner thereof unless otherwise expressly agreed. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Your use of the site shall be only for purposes that are permitted by (a) this Agreement and (b) any applicable law, regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
The actions further described below or a breach by you of this Agreement will constitute grounds for blocking your access to our service. As condition of your use of this service, you shall not:
(a) Provide any information to Brides365 that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
(b) Resell, license or otherwise distribute any Content, whether on a stand-alone basis, as derivative works, or incorporated into other works;
(c) Interfere with or disrupt (or attempt to interfere with or disrupt) this website or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website;
(d) Contribute any Content which is unlawful, threatening, abusive, harassing, intimidating, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic or otherwise violates this Agreement;
(e) Contribute any Content which infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(f) Contribute any Content which constitutes unauthorized or unsolicited advertising, junk or bulk email, any other form of unauthorized solicitation, or any form of lottery or gambling; or
(g) Contribute any Content which contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information, files and Content in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
You shall indemnify Brides365 and its subsidiaries, shareholders, directors, officers, affiliates, agents, third party content providers and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of this website or the Content and related rights.
TRADEMARK AND COPYRIGHT
“Brides365,” the Brides365 logo and all related graphics, logos and service names are the property of Brides365. All other trademarks logos and service marks (collectively, the “Trademarks”) appearing on this website are Trademarks of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of its respective owner. Your use of the Trademarks displayed on this website, or any other content on this website, except as provided in this Agreement, is strictly prohibited.
Brides365 respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this service, please contact Brides365’s agent for notice of claims of copyright infringement, Paul Camp, who can be reached at , or at Content That Works, 4410 N. Ravenswood, Ste. 101 Chicago, IL 60640. You must provide our agent with the following information, which Brides365 may then forward to the alleged infringer:
Describe the copyrighted work that you believe has been infringed;
Identify the material on this website that you believe infringes your work, with enough detail so that we may locate it on this website;
Provide your address, telephone number, and email address;
Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Declare under penalty of perjury that (a) the information you have provided to us is accurate, and (b) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
Provide your physical or electronic signature.
Upon receiving your complaint, Brides365 may remove content that you believe infringes your copyright without liability to you or any other party. In addition, Brides365 may terminate the account of the member who appears to be infringing your intellectual property rights. Claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
IMAGES AND THIRD PARTY CONTENT
Brides365 is a distributor of images and other content supplied by third parties on this website. Any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Brides365 or its affiliates, or any of its shareholders, officers, directors, employees or agents (the "Brides365 Parties").
Brides365 neither endorses, nor is responsible for the accuracy or reliability of, any opinion, advice or statement made on this website by anyone other than an authorized Brides365 employee. Further, descriptions of and references to products do not imply endorsement of that product.
LINKS TO THIRD PARTY WEBSITES
There may be links to other websites from the Brides365 website. These third-party sites may include references to information, documents, software, materials and/or services provided by other parties which some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the content, privacy policies, accuracy, copyright compliance, legality, decency, or any other aspect of the content of such third-party sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference to a third-party website is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. By using the site, you waive any and all claims against Brides365 regarding the inclusion of links to outside websites or your use of those websites, and you expressly release us from any and all liability and damages arising out of your use of any third-party website.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
NO MONITORING OF CONTENT
Brides365 does not control the Content provided by a user of this service and does not have any obligation to monitor such content for any purpose. All Content provided by a user of this service is the sole responsibility of that user, not Brides365.
DISCLAIMERS AND LIMITATION OF LIABILITY
Brides365 uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.
ALL CONTENT, MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE CONTENT AND THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT, MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE WEBSITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Neither Brides365 nor its directors, employees, licensors, content providers, affiliates, representatives or agents will be liable for any damages of any kind arising from the use or provision of, inability to use or performance of this website, Brides365’s services or the content, including but not limited to direct, indirect, incidental, punitive, special, exemplary and consequential damages, even if Brides365 has been advised of the possibility of such damages. The functions embodied on or in the materials of this website are not warranted to be uninterrupted or without error. You, not Brides365, assume the entire cost of all necessary correction due to your use of this website.
Further, we shall not be liable in any way for third party goods and services offered through this site or for assistance in conducting commercial transactions through this site, including without limitation the processing of orders.
You agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
NOTICES AND CONTACT INFORMATION
All notices to a party shall be in writing and shall be made either via email or Certified U.S. Mail. If by email, notices to us must be sent to with the words “Customer Service” appearing in the subject line of the email. If by Certified U.S. Mail, notices must be sent to: Content That Works, Attn: Customer Service, 4410 N. Ravenswood, Ste. 101 Chicago, IL 60640. Notices to you may be sent to the address supplied by you as part of your submission data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
GOVERNING LAW, VENUE AND ARBITRATION
This Agreement shall be interpreted, construed and governed by the laws of the State of Illinois without regard to conflicts of laws principles thereof and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the State of Illinois in Cook County. Users of this website agree that any and all disputes arising from the use of this website shall be settled by binding arbitration. Notwithstanding the foregoing, however, Brides365 shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Brides365, such action is necessary or desirable beyond that relief immediately afforded through an arbitration proceeding.
NO WAIVER, SEVERABILITY
No action of Brides365 other than an express written waiver or amendment, may be construed as a waiver or amendment of any of this Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this Agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. Both parties acknowledge and agree that there are no oral or parol agreements, promises, representations or inducements existing between the parties or relied on by the parties relating to this Agreement which are not expressly set forth herein and contained in this Agreement. This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
In the event an action or proceeding is brought by us to enforce any of the terms of this Agreement, and we prevail in such action or proceeding in whole or in part, you shall be required to pay all reasonable attorneys’ fees, costs and expenses incurred by us. Any cause of action brought by you against us must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
We reserve the right to change this Agreement and all prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Brides365 and you relating to your use of this website.
© 2013 Brides365 – a Content That Works Application. All rights reserved.