TERMS OF USE
MYTEMECULAWEDDING TERMS OF USE:
I.
Unless
otherwise specified, MyTemeculaWedding is intended for your personal,
noncommercial use only. You may not authorize others to use
MyTemeculaWedding, and you are responsible for all use of
MyTemeculaWedding by you and by those you allow to use, or provide
access to, the Service.
II.
MyTemeculaWedding contains material that is protected by state, national
and international copyright, trademark and other intellectual property
laws. You may not modify, copy, reproduce, republish, upload, post,
transmit or distribute in any way any material, including code and
software, from the Service. You may download material from
MyTemeculaWedding and may use MyTemeculaWedding for your personal,
non-commercial use only, provided you keep intact all copyright and
other proprietary notices.
III.
MyTemeculaWedding is not intended for users under the age of 13, and
Service Provider does not knowingly collect personally identifiable
information from users under the age of 13. Such users are expressly
prohibited from submitting their personally identifiable information to
us, and from using our forums and chat areas; any information submitted
by such users will not knowingly be used, posted, or retained by us.
IV.
You agree not
to use any obscene, indecent, or offensive language or to place on
MyTemeculaWedding any material that is defamatory, abusive, harassing,
racist, or hateful. Further, you may not place on MyTemeculaWedding any
material that is encrypted, constitutes junk mail or unauthorized
advertising, or commercial offers, invades anyone's privacy, or
encourages conduct that would constitute a criminal offense, give rise
to civil liability, or that otherwise violates any local, state,
federal, national or international law or regulation. You agree to use
MyTemeculaWedding only for lawful purposes and you acknowledge that your
failure to do so may subject you to civil and criminal liability.
V.
Other than
connecting to Service Provider's servers by http requests using a Web
browser, you may not attempt to gain access to Service Provider's
servers by any means - including, without limitation, by using
administrator passwords or by masquerading as an administrator while
using MyTemeculaWedding or otherwise.
VI.
You
acknowledge that Service Provider has not reviewed and does not endorse
the content of all sites linked to from this Service and is not
responsible for the content or actions of any other sites linked to from
this Service. Your linking to any service or site is at your sole risk.
COMMENTS BY
OTHERS ARE NOT ENDORSED BY mytemeculawedding:
MyTemeculaWedding does not necessarily endorse, support,
sanction, encourage, verify, or agree with the comments, opinions, or
statements posted on forums, blogs or otherwise contained in the
Service. Nor does Service Provider or its third party service providers
make any warranties with respect to any of the merchandise featured,
mentioned, or sold on or through the Service. Any information or
material placed online, including advice and opinions, are the views and
responsibility of those who post the statements or those who actually
sell any merchandise, and do not necessarily represent the views of
Service Provider or its third party service providers.
MATERIALS
POSTED BY OTHERS:
You agree that Service Provider and its third party service
providers are not responsible, and shall have no liability to you, with
respect to any information or materials posted by others, including
defamatory, offensive or illicit material, even material that violates
this Agreement.
INDEMNIFICATION:
You agree to indemnify Service Provider and its affiliates,
employees, agents, representatives and third party service providers,
and to defend and hold each of them harmless, from any and all claims
and liabilities (including attorneys fees) which may arise from your
submissions, from your unauthorized use of material obtained through the
Service, or from your breach of this Agreement, or from any such acts
through your use of the Service.
EDITING AND
DELETIONS:
Service Provider reserves the right, but undertakes no duty, to
review, edit, move or delete any material provided for display or placed
on MyTemeculaWedding or its bulletin boards, in its sole discretion,
without notice.
ADDITIONAL
RULES:
Service Provider reserves the right to post, from time to time,
additional rules of usage that apply to specific parts of the Service.
Such additional rules will be posted in the relevant parts of the
Service, and will be clearly identified. Your continued use of
MyTemeculaWedding constitutes your agreement to comply with these
additional rules.
DISCLAIMER
OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING MYTEMECULAWEDDING AT YOUR OWN
RISK. MYTEMECULAWEDDING IS PROVIDED "AS IS," AND MYTEMECULAWEDDING
PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY,
TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT
LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED
THEREIN OR PROVIDED BY THE SERVICE. SERVICE PROVIDER, ITS AFFILIATES,
AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT
ACCESS TO MYTEMECULAWEDDING WILL BE UNINTERRUPTED OR THAT THERE WILL BE
NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR
THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY
SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES
HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS
TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO
HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON
MYTEMECULAWEDDING OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS
AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE
OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND
THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL
AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING
OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A
CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH
STATES, IN PART: "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."
TERMINATION
OR SUSPENSION OF ACCESS TO THE SERVICE:
Service Provider has the right to terminate and/or suspend your
ability to access MyTemeculaWedding or any portion thereof, for any or
no reason, without notice.