Winnipeg Wedding is a wedding website that generates wedding content from the Fort Gibraltar. The services offered by Winnipeg Wedding ("Winnipeg Wedding" or "we") include the Winnipeg Wedding websites located at winnipegwedding.com or any sub domain of winnipegwedding.com (the "Winnipeg Wedding Website"), and any other feature, content or applications offered from time to time by Winnipeg Wedding in connection with the Winnipeg Wedding Website whether accessed directly or through our application for mobile devices (collectively, the "Winnipeg Wedding Services").
Winnipeg Wedding may modify this Agreement from time to time and each modification will be effective when it is posted on the Winnipeg Wedding Website. You agree to be bound to any changes to this Agreement through your continued use of the Winnipeg Wedding Services. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes.
WE URGE YOU TO THINK BEFORE YOU UPLOAD, SUBMIT OR EMBED CONTENT. THIS AGREEMENT PERMITS YOU TO UPLOAD TO , SUBMIT TO OR EMBED ON THE Winnipeg Wedding SERVICES ONLY PHOTOS OR OTHER CONTENT THAT YOU OWN THE COPYRIGHT TO OR OTHERWISE HAVE THE RIGHT TO PUBLISH. BY UPLOADING, SUBMITTING OR EMBEDDING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY SUBJECT YOURSELF TO LEGAL LIABILITY (SEE E.G., SECTIONS 4, 5 AND 6 BELOW). IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH TO THE Winnipeg Wedding SERVICES ALL PHOTOS AND OTHER CONTENT YOU POST.
1. Eligibility. Use of the Winnipeg Wedding Services is void where prohibited. You must be eighteen (18) years of age or over to be a Visitor or User of the Winnipeg Wedding Services. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Winnipeg Wedding Services and all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
2. Term. This Agreement shall remain in full force and effect while you use the Winnipeg Wedding Services or are a User. Winnipeg Wedding may terminate your use of the Winnipeg Wedding Website or the Winnipeg Wedding Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
3. Non-commercial Use by Members.The Winnipeg Wedding Services are for the personal use of Visitors and Users only and may not be used by you in connection with any commercial endeavors except those that are specifically endorsed or approved by Winnipeg Wedding. Illegal and/or unauthorized use of the Winnipeg Wedding Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Winnipeg Wedding Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Winnipeg Wedding Services
4. User Content.
Winnipeg Wedding does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "User Content") that you upload to, submit to, or embed on the Winnipeg Wedding Services. You represent and warrant that you own the User Content posted by you on or through the Winnipeg Wedding Services or that you otherwise have sufficient right, title and interest in and to such User Content to grant Winnipeg Wedding the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Winnipeg Wedding Services.
After posting, uploading or embedding User Content to the Winnipeg Wedding Services, you continue to retain such rights in such User Content as you held prior to posting such User Content on the Winnipeg Wedding Services and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing ("posting") any User Content on or through the Winnipeg Wedding Services, you hereby grant to Winnipeg Wedding a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User Content through any media now known or developed in the future. Photographs used on the Winnipeg Wedding Services on in any Winnipeg Wedding publication will include attribution to the photographer and/or copyright holder. As part of the non-exclusive license you grant to Winnipeg Wedding, you agree to allow other Users of the Winnipeg Wedding Website and Winnipeg Wedding Services to add your User Content to their Winnipeg Wedding Inspiration Board(s) and post these Inspiration Board(s) on other websites provided that such use is for non-commercial purposes only.
Without this license, Winnipeg Wedding would be unable to provide the Winnipeg Wedding Services or its publications. For example, the license you grant to Winnipeg Wedding is non-exclusive (meaning you are free to license your Content to anyone else in addition to Winnipeg Wedding), fully-paid and royalty-free (meaning that Winnipeg Wedding is not required to pay you for the use of the User Content that you post), sublicensable (so that Winnipeg Wedding is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Winnipeg Wedding Services), and worldwide (because the Internet and the Winnipeg Wedding Services are global in reach).
This license will terminate at the time you remove your User Content from the Winnipeg Wedding Services except as to any User Content that Winnipeg Wedding has sublicensed prior to your removal of your User Content from the Winnipeg Wedding Services, which license shall continue in perpetuity.. To remove User Content, please send a request to email@example.com and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the Winnipeg Wedding Website. We will remove the item(s) as quickly as possible.
The Winnipeg Wedding Services contain Content owned by Winnipeg Wedding ("Winnipeg Wedding Content"). Winnipeg Wedding Content is protected by copyright, trademark, patent, trade secret and other laws, and Winnipeg Wedding owns and retains all rights in the Winnipeg Wedding Content and the Winnipeg Wedding Services. Winnipeg Wedding hereby grants you a limited, revocable, non-sublicensable license to view the Winnipeg Wedding Content (excluding any software code) solely for your personal use in connection with viewing the Winnipeg Wedding Website and using the Winnipeg Wedding Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Winnipeg Wedding Content appearing on or through the Winnipeg Wedding Services.
The Winnipeg Wedding Services contain Content of other Users and other Winnipeg Wedding licensors ("Third Party Content") and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the Winnipeg Wedding Website and using the Winnipeg Wedding Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the Winnipeg Wedding Services.
5. Content Uploaded, Submitted, Embedded.
Please choose carefully the User Content that you upload to, submit to, or embed on the Winnipeg Wedding Services and that you provide to other Users as you are solely responsible for your User Content and for any liability that may result from the User Content you post. You expressly agree that you will not upload to, submit to, or embed on the Winnipeg Wedding Services or include in your Winnipeg Wedding dashboard(s) any User Content that violates this Agreement or that is contrary to the purposes of the Winnipeg Wedding Services, that may be offensive, illegal or violate the rights of, harm, or threaten the safety of any person, or that presents any business or individual in a negative light. You further agree that you will not upload to, submit to or embed on the Winnipeg Wedding Services or include in your Winnipeg Wedding dashboard(s) any photographs or video containing nudity, or obscene, lewd, violent, harassing, libelous, sexually explicit or otherwise objectionable subject matter or any content owned by third parties for which you do not have the right to post, display or publish.
Winnipeg Wedding does not endorse or guarantee the accuracy, efficacy, or veracity of the User Content posted by you or other Users. You acknowledge that we have no way to monitor all User Content that is uploaded to or embedded on the Winnipeg Wedding Website and that despite our reasonable efforts to ensure that all User Content is consistent with the purposes of the Winnipeg Wedding Services, Users may post User Content that contains illegal, inaccurate, libelous, inappropriate, offensive or sexually explicit material, products or services, and Winnipeg Wedding assumes no responsibility or liability for this material. Winnipeg Wedding makes no warranties, express or implied, as to any aspect of the User Content uploaded or embedded by you or other Users or to the reliability of the User Content or any material or information that you or other Users transmit to other Users or Visitors via the Winnipeg Wedding Services. If you become aware of any inappropriate User Content on the Winnipeg Wedding Services or any misuse of the Winnipeg Wedding Services by any person, please contact Winnipeg Wedding at firstname.lastname@example.org.
Winnipeg Wedding reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content you provide, or to restrict, suspend, or terminate your access to all or any part of the Winnipeg Wedding Services at any time, for any reason or for no reason, with or without prior notice, and without liability to you or any third party.
6. Prohibited Content.Winnipeg Wedding reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the Winnipeg Wedding Services and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that Winnipeg Wedding deems to be inappropriate:
7. Prohibited Activity. You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the Winnipeg Wedding Services:
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Winnipeg Wedding or others (including without limitation Third Party Content or Winnipeg Wedding Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Winnipeg Wedding Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Winnipeg Wedding Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. Winnipeg Wedding's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Fort Gibraltar., 866 Rue Saint Joseph, Winnipeg, MB R2H 0A8, Canada; and email: email@example.com.
9. User Disputes. You are solely responsible for your interactions with other Winnipeg Wedding Users. Winnipeg Wedding reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
11. Promotions and Giveaways. From time to time, Winnipeg Wedding will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information shared with. Winnipeg Wedding encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.
Without limiting the generality of the foregoing, Winnipeg Wedding is not responsible for any incorrect or inaccurate Content posted on the Winnipeg Wedding Website or in connection with the Winnipeg Wedding Services. User Content created and posted on the Winnipeg Wedding Website may contain links to other websites. Winnipeg Wedding is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by Winnipeg Wedding. Inclusion of any linked website on the Winnipeg Wedding Services does not imply approval or endorsement of the linked website by Winnipeg Wedding. When you access these third-party sites, you do so at your own risk. Winnipeg Wedding takes no responsibility for third party advertisements which are posted on this Winnipeg Wedding Website or through the Winnipeg Wedding Services, nor does it take any responsibility for the goods or services provided by its advertisers. Winnipeg Wedding is not responsible for the conduct, whether online or offline, of any User of the Winnipeg Wedding Services. Winnipeg Wedding assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. Winnipeg Wedding is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Winnipeg Wedding Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Winnipeg Wedding Services. Under no circumstances shall Winnipeg Wedding be responsible for any loss or damage, including personal injury or death, resulting from use of the Winnipeg Wedding Services, attendance at a Winnipeg Wedding event, from any Content posted on or through the Winnipeg Wedding Services, or from the conduct of any Users of the Winnipeg Wedding Services, whether online or offline. Winnipeg Wedding cannot guarantee and does not promise any specific results from use of the Winnipeg Wedding Services.
13. Limitation of Liability. IN NO EVENT SHALL Winnipeg Wedding OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF Winnipeg Wedding BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Winnipeg Wedding HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Winnipeg Wedding'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, PAID BY YOU TO Winnipeg Wedding FOR THE Winnipeg Wedding SERVICES DURING THE TERM OF YOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Winnipeg Wedding SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU
14. Special Admonitions for International Use. Recognizing the global nature of the Internet, 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.
15. Disputes; Choice of Law; Venue. If there is any dispute about or involving the Winnipeg Wedding Services, you agree that the dispute shall be governed by the laws of the Winnipeg Manitoba, Canada, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the Canada located in the Manitoba, City of Winnipeg. You hereby waive to the maximum extent permitted by applicable law, any claim that such courts constitute an inconvenient venue. The prevailing party in any action brought in connection with this Agreement shall be entitled to an award of attorneys' fees and costs incurred by the prevailing party in connection with such action.
17. Other. This Agreement is accepted upon your use of the Winnipeg Wedding Website or any of the Winnipeg Wedding Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Winnipeg Wedding regarding the use of the Winnipeg Wedding Services. The failure of Winnipeg Wedding to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Winnipeg Wedding is a trademark of Pacific Rim Publishing Group, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
18. Waiver and Severability of Terms. The failure of Winnipeg Wedding to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
19. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
Last Updated: January 2014