OWNERSHIP OF CONTENTS/LICENSE
The Web Site is owned and operated by West Edge Media Corporation ("Company",
"We", or "WEMC"). The Web Site and all of its content,
including but not limited to articles, opinions, other text, directories,
guides, photographs, illustrations, images, video and audio clips, advertising
copy, trademarks, logos, domain names, trade names, service marks, trade
identities and any and all copyrightable material (including source and
object code) and any other form of intellectual property (the "Content")
is owned by or licensed to WEMC or authorized third parties and is protected
as intellectual property or otherwise. Except as expressly set forth in
these Terms, no rights (either by implication, estoppels or otherwise)
are granted to you, the user. You may only use the Content as expressly
set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION,
REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING,
DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.
Subject to your compliance with these Terms, WEMC hereby grants you a
limited, personal, non-exclusive, non-commercial, revocable, and non-transferable
license to access, download and view a single copy of the Content. You
must retain all copyright, trademark and other proprietary notices contained
in the original Content or any copy you may make of the Content. You may
not, nor may you allow or aid or abet any third party (whether or not
for your benefit) to copy or adapt any code that comprises the Web Site's
software, HTML, JavaScript, or otherwise reverse engineer, decompile,
reverse assemble, modify or attempt to discover any source code used to
generate the Web Site or any software or other products or processes accessible
through the Web site, nor insert any code or product to manipulate the
Content in any way that affects any user's experience. Unless otherwise
expressly authorized in these Terms or on the Web Site, you further agree
that you will not, in whole or in part, modify, reproduce, archive, transfer
by any means, create derivative works from, publish in any form, online
or offline, disseminate, or circulate to any third-party, or otherwise
use the Content in any way for any public or commercial purpose.
CHANGES TO SITE/TERMS
WEMC may add, change, discontinue, remove or suspend any portion of the
Web Site at any time, without notice. We reserve the right, in our sole
discretion, to modify, alter, or change these Terms and will post any
new or revisions on our Web Site.
RESTRICTIONS ON USE
As used in the Terms, "Affiliates" means Company's parent company(ies)
and all related companies, subsidiaries, licensors, divisions, affiliates,
directors, officers, partners, agents and assigns.
You agree not to do any of the following while using the Web Site:
1. abuse any interactive function on our Web Site;
2. transmit or otherwise make available any content that is false, harmful,
threatening, abusive, tortious, defamatory, libelous, disparaging (including
disparaging of Company or the Affiliates), vulgar, obscene, pornographic
or that promotes violence, racial hatred, terrorism or illegal acts, or
is otherwise objectionable (as determined by Company in its sole discretion);
3. transmit or otherwise make available any content that is unlawful or
infringes, violates or misappropriates any patent, trademark, trade identity
right, trade secret, publicity right, privacy right, copyright or any
other intellectual property or any other rights of any third party;
4. upload or transmit viruses, Trojan horses or other harmful, disruptive
or destructive files or post material that interferes with any third party's
uninterrupted use and enjoyment of the Web Site.
5. impersonate any person or entity, or otherwise disguise the origin
of any content transmitted through the Web Site or to Company, including
forging any TCP/IP packet header or any part of the header information
in any transmission to the Web Site for any reason;
6. transmit or otherwise make available through the Web Site any personal
advertising, junk mail, spam, chain letters, pyramid schemes or offer
for sale of any products or services, except in areas specifically designated
for such purposes; or
7. violate any applicable local, state, federal or international law,
rule or regulation.
SUBMISSIONS POLICY
We welcome your comments and suggestions; however we do not accept unsolicited
submissions for shows, motion pictures, television programs, web sites
or other products or services without the expressed written consent of
WEMC.
Except as otherwise described in the Web Site's Privacy Policy, anything
you submit to WEMC through this Web Site or otherwise (whether solicited
or unsolicited), including, without limitation, any ideas, data, questions,
artwork, comments, suggestions, or personal information ("Submissions"),
is and will be treated as non-confidential and non-proprietary and we
will not be liable for any use or disclosure. You hereby irrevocably assign
to WEMC and the Affiliates all right, title and interest in and to those
Submissions, including, without limitation, all patents, trademarks, service
marks, trade names, trade identities, copyrights, trade secrets, logos,
domain names, know-how, source code and object code, mask-work rights,
inventions, moral rights, author's rights, algorithms, rights in packaging,
goodwill and other intellectual property and proprietary rights that may
subsist in the Submissions. You further agree that We and the Affiliates
will have the unfettered right throughout the universe, in perpetuity,
without any credit or compensation to you, to use, reuse, modify, alter,
display, archive, publish, license, perform, reproduce, disclose, transmit,
publish, broadcast, post, sell, translate, create derivative works of,
or distribute any submissions or portions of any Submissions in any form,
media, software or technology of any kind now known or developed in the
future for any purposes whatsoever including, without limitation, developing,
manufacturing and marketing products using such information. You hereby
waive any moral rights you may have in and to any of your Submissions,
even if such material is altered or changed in a manner not agreeable
to you. You represent that any Submissions are original with you and do
not infringe upon, misappropriate or violate the rights of any third parties,
including, without limitation, any intellectual property rights, rights
of publicity or privacy or any other proprietary rights. You agree to
execute any documents and take all steps that WEMC determines are necessary
to affect the intentions of these Terms. You agree and understand that
WEMC is not obligated to use any Submission you make to Company through
the Web Site or otherwise.
DISCLAIMERS/LIMITATIONS ON LIABILITY
YOU UNDERSTAND AND AGREE THAT THIS WEB SITE AND ALL CONTENT CONTAINED
ON IT ARE DISTRIBUTED "AS IS," "AS AVAILABLE," "WITH
ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT,
FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE
IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF
TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS
WHICH VARY BY JURISDICTION. WEMC and Affiliates make no representation
or warranty whatsoever regarding the completeness, accuracy, timeliness,
availability, or adequacy of any information, facts, views, opinions,
statements or recommendations contained on the Web Site or in the Content.
This Web Site may be unavailable due to maintenance or malfunction of
equipment.
YOU UNDERSTAND AND AGREE THAT WEMC LIMITS ITS LIABILITY IN CONNECTION
WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
NEITHER WEMC NOR THE AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY
USER'S COMPUTER, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY
BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE
OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
EXCEPT WHERE PROHIBITED: YOU AGREE THAT WEMC AND THE AFFILIATES, AS APPLICABLE,
ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING,
WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY,
CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT,
STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER
CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS
FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB SITE) INCLUDING, WITHOUT
LIMITATION, RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (1) THIS
WEB SITE AND ITS CONTENT; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION
BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB
SITE; OR (3) ANY ERRORS OR OMISSIONS IN THE WEB SITE'S TECHNICAL OPERATION,
EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY
OF THOSE DAMAGES. IN NO EVENT WILL COMPANY OR THE AFFILIATES BE LIABLE
TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION,
DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE
TERMS, UNDER NO CIRCUMSTANCES WILL COMPANY OR THE AFFILIATES BE LIABLE
TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN
AMOUNT GREATER THAN FIFTY DOLLARS ($50).
BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS
WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND
IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND,
AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL
CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH
PROVIDES AS FOLLOWS: "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."
INDEMNIFICATION
By using this Web Site, you agree to indemnify, defend and hold harmless
WEMC and the Affiliates from and against any actual or alleged claims,
demands, causes of action, judgments, damages, losses, liabilities, and
all costs and expenses of defense (including, without limitation, reasonable
attorneys' fees and other legal fees) arising out of or relating to: (1)
your violation of these Terms or any law, rule or regulation; (2) a claim
that is based on your use of the Content; or (3) any content uploaded
by you or through your computer to the Web Site or otherwise sent by you
to WEMC. You will cooperate as fully and reasonably as required by WEMC
or the Affiliates in the defense of any claim. WEMC reserves the right
to assume the exclusive defense and control of any matter subject to indemnification
by you, and you will not in any event settle any claim without the prior
written consent of WEMC.
THIRD PARTIES/NO ENDORSEMENT
This Web Site may provide links to third-party web sites, and certain
areas of the Web Site may allow you to conduct transactions or purchase
goods or services from or through a third-party. Third parties and third
party web sites may have different privacy policies, terms and conditions
and business practices than we do. Your dealings or communications with
any party other than Company are solely between you and that third party.
We do not endorse, verify, make any representations, or take responsibility
for the content, truthfulness, accuracy, quality or completeness of the
content or activities conducted by any third party or on any third party
web sites. Any complaints, concerns or questions you may have relating
to materials provided by third parties should be forwarded directly to
the third party. YOU AGREE THAT WEMC AND AFFILIATES WILL NOT, UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY
GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY
DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY
DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH
YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES
OF ANY THIRD PARTY. Reference on the Web Site to any product, process,
publication or service of any third party by trade name, domain name,
trademark, trade identity, service mark, logo, and manufacturer or otherwise
does not constitute or imply its endorsement or recommendation by Company
or the Affiliates. Users are requested to inform Company of any errors
or inappropriate material found on web sites to which this Web Site is
or may be linked.
LINKING TO THE WEB SITE
If you link to this Web Site you may link only to the index page, the
West Edge Media home page, or the West Edge Weddings home page, and the
link must be in plain text, unless otherwise pre-approved in writing by
Company. The link to this Web Site must not damage, dilute or tarnish
the goodwill associated with any Company names or any other Company intellectual
property, nor may the link create the false appearance that your web site
or organization is sponsored, endorsed by, affiliated or associated with
Company. You may not "frame" this Web Site or alter its intellectual
property or Content in any way. You may not link to the Web Site from
a site that is unlawful, abusive, indecent or obscene, that promotes violence
or illegal acts, that contains expressions of racism, that is libelous,
defamatory, scandalous, or inflammatory or is otherwise inappropriate
(in WEMC's sole discretion). We reserve the right, at our sole discretion,
to terminate a link with any web site that it deems inappropriate or inconsistent
with this Web Site or these Terms.
PROMOTIONS
This Web Site may contain or offer sweepstakes or other promotions, which
may be governed by a separate set of rules that describe the sweepstakes
or promotion and may have eligibility requirements, such as certain age
or geographic area restrictions. It is your responsibility to read those
rules to determine whether or not your participation, registration or
entry will be valid and to determine the sponsor's requirements of you
in connection with the applicable sweepstakes or promotion.
LOCATION
WEMC operates this Web Site in the United States. Information contained
on this Web Site may not be appropriate or available for use in other
locations, and access to this Web Site where the content of the Web Site
may be illegal is prohibited. If you access this Web Site from other locations,
you do so on your own initiative and you are solely responsible for compliance
with applicable laws. These Terms will be construed and enforced in accordance
with the laws of the State of Michigan, without regard to its conflicts
of law principles, and specifically will not be governed by the United
Nations Conventions on Contracts for the International Sale of Goods,
if otherwise applicable. Any cause of action filed by you with respect
to the Terms or your use of this Web Site must be filed in Kent County,
City of Grand Rapids or Kentwood, State of Michigan within ninety (90)
days after the occurrence of the facts giving rise to the cause of action,
otherwise the cause will be forever barred. You hereby consent and submit
to the exclusive jurisdiction and venue of the courts located in Kent
County, City of Grand Rapids, State of Michigan for any cause of action
arising under these Terms or related to the Web Site.
TERMINATION
You understand and agree that WEMC will determine your compliance with
these Terms in its sole discretion. WEMC reserves the right to deny access
to all or part of the Web Site to any person in its sole discretion. Any
violation of these Terms may be referred to law enforcement authorities.
Upon termination of your user account or access to the Web Site, or upon
demand by WEMC, you must destroy all materials obtained from this Web
Site and all related documentation.
ADDITIONAL TERMS
If any provision of these Terms is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision will not affect
the validity of the remaining provisions of these Terms, which will remain
in full force and effect. No waiver of any of these Terms will be of any
force or effect unless made in writing and signed by a duly authorized
officer of WEMC. The section titles in these Terms are for your convenience
only and do not have any legal or contractual effect.
CONTACT WEMC
If you have any questions, comments or concerns about our Web Site or
these Terms of Use, you may contact us at webmaster@westedgemedia.com.
The EFFECTIVE DATE of these Terms is August 09, 2006