ATTENTION: Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website.
Wedding Window, Inc. takes the privacy of its customers very seriously and wants you to feel comfortable whenever you visit our websites, access our online services, or participate in our online offerings. For more information please visit the Wedding Window, Inc. Privacy Policy.
This document is an agreement between you and Wedding Window, Inc. ("Wedding Window") that describes the terms of use ("TOU") subject to which you may access and use the content and services offered on the websites operated by Wedding Window or its affiliates, including but not limited to http://www.weddingwindow.com/ (collectively, the "Wedding Window Sites"). The services and tools offered on some Wedding Window Sites may be subject to additional terms and conditions described on the site or in an End-User License Agreement distributed with such services or tools. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE WEDDING WINDOW SITES, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY.
Please note that Wedding Window reserves the right to revise these TOU at any time by posting an update to this page. Your continued use of the Wedding Window Sites or Services following the posting of changes to these TOU will mean you accept those changes. Wedding Window reserves the right, in its sole discretion, to determine if you have violated these TOU, and to take any action it deems appropriate. You acknowledge that Wedding Window shall have the right to terminate your access to the Wedding Window Sites or Services for violations of any of these terms.
Personal, Non-Commercial Use: The Wedding Window Sites are made available for your personal, non-commercial use only. Except as otherwise provided by specific terms governing a services, product or other information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, software, products, or Services obtained from the Wedding Window Sites. COPYING OR REPRODUCTION OF CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED EXCEPT TO ANY EXTENT ALLOWED BY A RELEVANT LICENSE AGREEMENT.
Registered Users: Wedding Window offers various wedding related Services, including but not limited to, web site personalization, web hosting and ancillary third party tools ("Services"). In order to access the Services, users must register with Wedding Window by providing their name, e-mail address and payment information, if applicable ("Registered Users"). Subject to their compliance with the TOU, Wedding Window grants Registered Users a limited, non-exclusive license to utilize such Services so long as: (i) they are eighteen (18) years of age or older; and (ii) they are not barred from receiving the products and Services offered on the Wedding Window Site under the laws of the United States. In order to access and/or use the Services, Registered Users must provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Services, and the Registered User will be responsible for maintaining the accuracy and completeness of such information. Registered Users shall be provided with a username and/or an email address and a password to access or use the Services (the "Account Information"). Registered Users are responsible for maintaining the confidentiality of their Account Information and, accordingly, will be fully responsible for all activities that occur utilizing their Account Information. Registered Users agree to immediately notify Wedding Window of any unauthorized use of their Account Information or any other breach of security. Wedding Window will not be liable for any loss or damage arising from a Registered User's failure to provide us with accurate information or to keep their Account Information secure. Wedding Window may, at any time, revoke a Registered User's access to the Services for any reason in its sole discretion, including, but not limited to, if Wedding Window believes that the Registered User is in breach of these Terms of Use. Upon any expiration of Services ordered by a Registered User, or any termination of these TOU, the Registered User's access and other rights to these Services will be cancelled and cease. In such event the Registered User must cease any further use of the Services.
User Content: Registered Users and their visitors may have the opportunity to upload various forms of content to Wedding Window Sites which may include, but not be limited to, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials in connection with their use of the Services ("Content"). By submitting your Content, you give Wedding Window a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content.
Visitors to Wedding Window Sites acknowledge that: (i) Wedding Window may not pre-screen Content and, as such, Wedding Window does not guarantee the accuracy, integrity, or quality of such Content; (ii) you will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content; (iii) you may be exposed to Content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will Wedding Window be liable in any way for any Content posted by Registered Users or visitors to the Wedding Window Sites, including, but not limited to, any errors or omissions in any such Content, or for any loss or damages or any kind incurred as a result of the use of any such Content.
If Wedding Window is made aware of Content that may be: (i) libelous, obscene, excessively violent, scandalous, defamatory, or that Wedding Window determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) holds Wedding Window, its affiliates or third party content or product providers open to scorn or ridicule, Wedding Window has the right, but not the obligation, to remove or disable access to such Content.
Copyright Infringement and Copyright Agent: Wedding Window will, in circumstances it deems appropriate, terminate a Registered User's right to participate in the Wedding Window Services, and/or remove or disable access to Content, if such Content is claimed to infringe the intellectual property rights of a third party.
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any Wedding Window Site, please provide notice to the Wedding Window Copyright Agent including the following information:
The Wedding Window Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail:YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON A WEDDING WINDOW SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.
Registered User Responsibilities and Conduct: Registered User is responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). Registered User is responsible for those fees. In addition, Registered User must provide and is responsible for all equipment necessary for Registered User to access the Services.
Registered User shall (i) be responsible for its and its web page visitors' compliance with the Agreement; (ii) be solely responsible for the accuracy, quality, integrity and legality of the Content contained on their designated web pages and all electronic data or information submitted by Registered User in connection with the use of the Services; and (iii) use reasonable efforts to prevent unauthorized access to or use of the Services, and notify Wedding Window promptly of any such unauthorized access or use. Registered User represents and warrants that it has the right to use the Content and that it has obtained all third party consents, permits and/or licenses necessary or required to grant the rights granted to Wedding Window hereunder and for Wedding Window to provide the Services to Registered User and its visitors. Registered User shall not make the administrative interface of the Services available to anyone other than its authorized users.
Registered Users further agree:
If a visitor submits any Content to a Registered User's web page (i.e., a guestbook or RSVP entry), the IP address that is associated with that visitor will be recorded with such entry in the Registered User's Wedding Window account. If the Registered User deletes a visitor entry, all IP address information associated with that entry will also be removed and will not be recoverable by Wedding Window.
Charges, Billing, Payment: Charges for the Services, if applicable, as well as refund and other policies, are set forth on the Upgrade Options and Support/FAQ pages. In order to register for Services that require payment of a fee, you must provide Wedding Window with your credit card information with your other Account Information. Wedding Window may take commercially reasonable actions to validate your credit card information. You agree that on or before the first business day of each month all charges you incur for use of the Services will be charged to the credit card number you provide. Such charges will include any or all of the following: (1) monthly usage fee set forth on the Wedding Window Packages page; (2) non-recurring fees that were incurred by the Registered User in the previous month; and (3) any unpaid amounts due from previous months, including late payment fees and interest accrued, as applicable. If Wedding Window does not receive payment from your card issuer, you agree to pay Wedding Window all amounts due immediately upon demand. Fees do not include, and Registered User is responsible for, all sales, use and other applicable taxes. Prices are subject to change upon 30 days' prior written notice from Wedding Window.
You must pay for all charges in full each month as set forth in this section. In the event of late payment, Wedding Window reserves the right to suspend the provision of the Services to you and/or impose a late payment fee and/or charge interest on any amounts overdue. Such late payment fee will be the lesser of: (1) one and one-half percent (1.5%) of such overdue payment per every thirty (30) day period or portion thereof; or (2) the maximum amount permissible by applicable law. You agree to pay all attorneys' and collection fees arising from efforts by Wedding Window to collect any past due amounts from you to the extent allowed by law.
Free Accounts, Upgrades, Extensions: Registered Users may select a "Free" (Simple) or "Premium" (Sweet, Sassy, Smitten, Smart, and Savvy) account. Free accounts expire twelve (12) months from the date of registration by the Registered User unless the Registered User upgraded during this period.
Accounts upgraded from "Free" to "Sweet," "Sassy," or "Smart" will expire twelve (12) months from the date such upgrade is requested. Accounts upgraded from "Free" to "Savvy" will expire twenty-four (24) months from the date such upgrade is requested. All other upgrades are available are available in one (1), twelve (12) or twenty-four (24) month increments. Upgrades are available at any time during the current account term by paying the difference in package price between the current and desired package.
Registered Users may extend their current package in one (1), twelve (12) or twenty-four (24) month increments. If the extension purchase is reasonably considered to be an upgrade from the Registered User's current package, the Registered User's account will be upgraded to the upgraded package on the date of the extension purchase, even if that date occurs in advance of the current package expiration date. A pro-rated discount for the time remaining in the Registered User's prior package will be applied to the extension purchase.
Domain Name Purchases: Domain name purchases are non-refundable. Once a domain name order has been received, the domain name, if available, will be registered immediately. Domain names cannot be registered to another registrar for sixty (60) days from the date of purchase. If a Registered User elects to direct their domain name to another website during the initial sixty (60) day period, the Registered User must send the nameserver information to the Wedding Window support team so that Wedding Window may update the nameservers as required. Following this sixty (60) day period, Registered Users may request an AUTH code in order to transfer the domain name to another registrar. Wedding Window will provide the AUTH code via e-mail to the e-mail address included in the Account Information.
Wedding Window Intellectual Property Rights: All content and Services on the Wedding Window Sites, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, video and other website materials (the "Materials") are the intellectual property of Wedding Window, its licensors, or other vendors. The Materials are protected by United States and foreign intellectual property laws. None of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of Wedding Window.
Wedding Window, the Wedding Window logo, and other marks related to Wedding Window Services ("Wedding Window Marks") are the exclusive and valuable property of Wedding Window or its affiliated companies. The Wedding Window Marks can only be reproduced or displayed with specific written permission from Wedding Window, and only in accordance with the policies and guidelines associated therewith. All third party trademarks are the property of their respective owners.
Third-Party Content, Links and Services: The Wedding Window Site may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services. In consideration for the convenience of Wedding Window making this third-party content and tools available or accessible to you, you acknowledge that Wedding Window is not responsible for any such third-party content or tools. You also agree that Wedding Window is not responsible or liable for any losses or damages you experience with any third-party content or tools you chose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you. Wedding Window may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party involvement is acceptable.
Compliance with Laws: By accessing or using the Wedding Window Sites, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the Wedding Window Sites and any Services. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in the Wedding Window Sites to countries or persons prohibited under the export control laws of the United States. Wedding Window makes no representation that the content on the Wedding Window Site is appropriate or available for use outside the United States. If you have chosen to access the Wedding Window Site from outside the United States, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.
Legal Disclaimers: The Wedding Window Sites and the information provided therein are for the convenience of users of the Wedding Window Site and for customers and potential customers of Wedding Window and its Services. The information provided on the Wedding Window Sites and the Services described on the Wedding Window Sites are subject to change without notice. WEDDING WINDOW DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE WEDDING WINDOW SITES. THE WEDDING WINDOW SITES AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WEDDING WINDOW DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEDDING WINDOW SITES SITE OR SERVICES. WEDDING WINDOW DOES NOT WARRANT THAT THE WEDDING WINDOW SITES OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEDDING WINDOW SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITES, SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, WEDDING WINDOW IS NOT RESPONSIBLE FOR SUCH COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES IS WEDDING WINDOW, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE WEDDING WINDOW SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF WEDDING WINDOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
The above limitation applies to your use, misuse, or reliance upon the Wedding Window Sites, including, without limitation, damages you may incur because of third-party Services or goods advertised on, or linked to the Wedding Window Sites.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Indemnity: You agree to defend, indemnify, and hold harmless Wedding Window and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Wedding Window Sites or Services, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Wedding Window Sites or Services, (iii) any actual or alleged infringement by you, or any person accessing the Wedding Window Sites or Services using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of the password protected materials utilizing your account information, whether or not known or authorized by you.
Governing Law: These TOU and all claims related to them, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions. You agree and irrevocably submit to the exclusive personal jurisdiction and venue in the state or federal courts located in Boston, Massachusetts, with respect to such matters. If for any reason, a court of competent jurisdiction finds any provision or portion of the TOU to be unenforceable, the remainder of the TOU will continue in full force and effect.
Entire Agreement, Assignment: These TOU constitute the entire agreement between you and Wedding Window, Inc., with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You may not assign or delegate any rights or obligations hereunder. Wedding Window may assign and/or delegate all of its rights and/or duties at its sole discretion to any third party.
These Terms of Use were last amended on 01-20-2012.