|
Jadlyn Inc./Today' Bride Magazine and Shows, hereafter known as Today's Bride, is here to inform, educate, entertain, and
support brides to be everywhere, especially Northeast Ohio. This Terms of Use may be updated from time to time without
notice to you. Here are a some issues we would like you to be aware of before
using Today's Bride web site, the services offered by Today's Bride or through Today's Bride
web site, and any parts or sections thereof including but not limited to www.TodaysBrideOnline.com web content,
vendor listings, member profile information, member-personalized wedding
databases and information, messages, photos, and graphics
(hereinafter referred to as " our Area(s)" , " Area(s) of Today's Bride" , " Today's Bride
Area(s)"
or " Area(s)" ).
You understand and agree that our Area is provided " AS-IS" and that Today's Bride
assumes no responsibility for your ability to (or any costs or fees associated
with your ability to) obtain access to our Area. Nor does Today's Bride assume any
liability for the failure to store or maintain any user communications or
personal settings.
1. In consideration of your visiting and using our Area, you represent that you
are able to form a binding contract. You also agree to that any information you
provide about yourself is accurate and complete information at the time
provided. You agree to timely update any information provided to Today's Bride to
keep it accurate and complete. Failure to accurately and completely provide, and
timely update, information about yourself is reasonable grounds for Today's Bride to
suspend or terminate your account and refuse you service in the future.
Today's Bride is concerned about the safety and privacy of all its brides, grooms,
and other users including children. Please remember that Today's Bride Area is
designed to inform, educate, entertain, and support brides-to-be and their
families, and as a result has a diverse audience. Accordingly, it is the
responsibility of legal guardians (moms and dads) to determine whether any parts
of our Area are appropriate for your child.
In addition to this Terms of Use, when using a particular Area of Today's Bride,
you are also bound by the posted guidelines and rules for that particular
Area.
Information and data provided by you are subject to our Privacy Policy. This
policy, as updated from time to time, may be found at http://www.todaysbrideonline.com/privacypolicy.html.
3. Certain names, logos, and/or phrases in our Area may constitute trademarks
an/or copyrights of Today's Bride or its clients. The mark " Today's Bride" and the
contents of this Web site Area are the sole property of Today's Bride
. Reproduction in whole or in part is strictly prohibited without the expressly
written permission of Today's Bride.
All of the writing in our Area is the copyrighted property of Today's Bride,
and is protected as such. None of the material may be reproduced without our
written permission, with the exception of downloading or printing a single copy
for yourself . This copyright
extends from original Today's Bride material, to the raw compilations of posts in our
folders, to any edited and filtered compilations of posts that we may sell and
distribute. The right to download and store or output the materials found on Today's Bride
is granted for viewing use only. Materials may not be reproduced in any
form. Any reproduction or editing by any means mechanical or electronic without
the explicit written permission of Today's Bride is expressly prohibited.
Today's Bride reserves the right to republish any material contributed by our
readers. By posting a message, a subscriber expressly grants the right to Today's Bride
to republish or sell the message as part of any edited compilation such as
the Today's Bride eNewsletter. Material that is copyright protected may not be submitted without
permission from the copyright owner. Since there are many thousands of possible
sources spread out across the Internet, it is impossible for us at Today's Bride to
know if a posting represents a copyright infringement. Please remember you are
responsible for the material you submit to Today's Bride, including taste,
reliability, originality and copyright. Author(s) may be held legally
responsible for copyright infringement, defamation or invasion of privacy, as
well as any damages arising out of actions resulting from materials submitted by
you and posted by Today's Bride. You are responsible for ensuring that your message
or posting does not violate any extant copyrights. If you believe that your
copyrighted material has been posted to Today's Bride without permission, please contact us at admin@todaysbrideonline.com.
Today's Bride will have a nonexclusive global license to publish the content
submitted by users and contributors within Today's Bride. Today's Bride will also have
global nonexclusive adaptation and resale rights over any content and material
submitted by users and contributors within Today's Bride's sites.
These nonexclusive publishing license and resale/adaptation rights extend to any
materials submitted " for publication" within Today's Bride, including both message
board postings and content submitted to Today's Bride for uploading and subsequent
publishing within Areas. Today's Bride and Today's Bride's staff are not
and will not be responsible for any misleading, false, or otherwise injurious
information and advice communicated in our Area or for any results obtained from
the use of such information or advice. Today's Bride will not be liable for any loss
or damage suffered by a user through the user's reliance on information and
advice gained in this Area.
4. Given the that some content is provided from outside sources, we are not able to edit and ensure the accuracy of the content generated by our users, many of whom use anonymous email addresses and names and with whom we have no official relationship.
Therefore, users of Today's Bride should handle the information generated by
fellow users with common sense caution. All users should consider any information and advice given by other users
as a starting point for their own research. Today's Bride cannot guarantee the
accuracy, efficacy, or veracity of any information provided from our users.
Today's Bride cannot guarantee that all content and materials that appear in Today's Bride's Areas is not infringing on any registered or non-registered copyrights.
5. Content from www.todaysbrideonline.com, including
but not limited to any member profile information such as member names, email
addresses, member contact information, or member-personalized wedding-related
information, may not be taken from the web site and used for any purpose. names,
email addresses and other contact information from member profile information or
the pages and postings on this site may not be used by outside vendors or other
third parties for purposes of solicitation. Unsolicited emails to our members or
to Today's Bride vendors may constitute misrepresentation, misappropriation of Today's Bride's
business name and reputation, unfair competition, and may also violate laws that
prohibit unsolicited email, for which Today's Bride shall be entitled to take
appropriate legal action including seeking injunctive relief, an accounting of
profits, damages, legal fees and costs.
6. Today's Bride reserves the right from time
to time to make modifications and changes to our Area. These modifications and
changes may include, but are not limited to, discontinuing, temporarily or
permanently, any service offered by, or through Today's Bride (or any part thereof)
with or without notice. You agree that Today's Bride shall not be liable to you or to
any other party for any changes and modifications to our Area.
7. 'While we hope we stay together forever, you agree that, under certain
circumstances and without prior notice, Today's Bride may terminate your access to
Today's Bride, including purging your member account and any material and information
associated with your member account (including your user name, password,
registry and profile). Cause for such termination shall include, but not be
limited to, violation of the provisions set forth You acknowledge and agree that all terminations for cause shall
be made in sole discretion of Today's Bride and that Today's Bride shall not be liable to
you or any other party for the termination of your access to our Area or the
purging of any material.
8. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF OUR AREA IS AT YOUR SOLE RISK. THE SERVICES PROVIDED IN OUR AREA
ARE PROVIDED ON AN " AS IS" AND " AS AVAILABLE" BASIS. TODAY'S BRIDE EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TODAY'S BRIDE MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE
FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
ANY SERVICE IN OUR AREA WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICES OFFERED IN OUR AREA WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE OPERATION OF AREA INCLUDING THE OPERATION OF ANY SOFTWARE
WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE
IN OUR AREA IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER
SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR
OTHERWISE) OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
KNOT OR FROM ANY SERVICE PROVIDED IN OUR AREA SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO
YOU.
9. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TODAY'S BRIDE SHALL NOT BE LIABLE TO YOU
FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF TODAY'S BRIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Operation of Law. You agree that Today's Bride may access, maintain, and
disclose information you provide to Today's Bride if required to do so by law or if
Today's Bride, in good faith, believes that such access, maintenance or disclosure is
reasonably necessary to: (i) comply with any legal process (ii) enforce Today's Bride Terms of Use (iii) respond to claims that any material or information
posted, provided, transmitted, or otherwise made available by you violates the
rights of third parties (iv) respond to your customer service requests or (v)
otherwise protect the rights and property of Today's Bride, its vendors, community
members, users and the general public.
Indemnity. You agree to indemnify and hold harmless Today's Bride, its
subsidiaries, affiliates, directors, officers, agents, vendors or other
partners, and employees, from any claim or demand, including attorneys' fees,
made by any third party due to or arising out of any material or information
posted, provided, transmitted, or otherwise made available by you in our Area,
or by your use of our Area, or by your violation of Today's Bride's Terms of Use, or
your violation of the rights of another.
The Terms of Use constitute the entire agreement between
you and Today's Bride and govern your use of our Area and any services offered in our
Area. This agreement supercedes any prior terms of use agreements between you
and Today's Bride.
The Terms of Use and the relationship
between you and Today's Bride shall be governed by the laws of the State of Ohio
without regard to its conflict of law provisions. You and Today's Bride agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of Summit, Ohio.
You agree that, except as otherwise expressly
provided in this Terms of Use, there shall be no third party beneficiaries to
this agreement.
The failure of Today's Bride to exercise or enforce any right or provision of the Terms of Use shall
not constitute a waiver of such right or provision. If any provision of the
Terms of Use is found by a court of competent jurisdiction to be invalid, the
other terms and provisions of the Terms of use shall remain in full force and
effect.
You agree that your member account is
non-transferable and any rights to your account or contents within your account
terminate upon your death.
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
any services provided in our Area or the Terms of Use must be filed within one
(1) year after such claim or cause of action arose or be forever barred
|