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Last Updated: June 10, 2007
Thank you for using WedShare.com, a service provided to you by Mediasoft Technologies, Inc. These Terms of Service govern your use of our service. Your use of WedShare.com constitutes acceptance of these Terms of Service and creates a binding legal agreement.
WedShare.com reserves the right to amend these Terms of Service. Upon amendment we will set the 'Last Updated' date avobe accordingly. Please visit this page frequently to ensure that you are aware of updates and amendments to these Terms of Service. Continued use of WedShare.com constitutes your acceptance to all changes and amendments. If you have questions or require more information, you may contact us at any time.
Please read the following Terms of Service thoroughly before creating an account with WedShare.com.
Web Site Content
WedShare.com does not control the content of any Member's account and does not have any obligation to monitor such content for any purpose. All content provided by a user of WedShare.com's services is the sole responsibility of that user. WedShare.com does not allow its services to be used to construct or maintain a website that contains pornographic, offensive, or unlawful material. Upon discovery of such material in your website, WedShare.com reserves the right to remove the material and terminate your subscription.
Your Conduct
As a user of our services, you are responsible for all of the images and content you upload, share or copy using WedShare.com's service. You must have the legal right to display each image and all content that you upload or share. Professional images that are provided to you by professional photographers or made available through web sites magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using this service.
In addition, the actions further described below will constitute grounds for blocking your access to our service, removal of posted material and cancellation of your membership with us. As condition of your use of this service, you shall not: upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable; upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any trademark, trade secret, copyright or other proprietary rights of any party; harm minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this service.
WedShare.com reserves the right to refuse service to anybody if it believes that this Service Usage Agreement has been or may be violated. In addition, WedShare.com reserves the right to disclose any account or Member information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of WedShare.com or others.
AS A USER OF OUR SERVICE YOU AGREE THAT YOU SHALL USE OUR SERVICE SOLELY FOR THE PURPOSES INTENDED, AS DESCRIBED BY OUR WEBSITE, AND SHALL NOT USE THIS SERVICE TO MAKE FALSE OR FRAUDULENT REPRESENTATIONS OR TO POST, PERFORM, OR OTHERWISE DISTRIBUTE ANY UNAUTHORIZED MATERIAL OWNED BY ANOTHER INCLUDING INFORMATION, MUSIC, SOFTWARE, OR OTHER MATERIAL WHICH IS EITHER A TRADE SECRET OF ANOTHER OR IS PROTECTED BY ANY INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY, OR OTHER RIGHT, WITHOUT OBTAINING PERMISSION OF THE RIGHT HOLDER.
User Responsibility.
As a user of our service you are solely responsible for all results of acts or omissions that occur through your actions and for maintaining the confidentiality of any password or account information in your control. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WEDSHARE.COM, ITS OWNER(S), AGENTS, EMPLOYEES, AND CONSULTANTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF OUR SERVICE, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR INFRINGEMENT OF ANY RIGHT OF ANOTHER. You agree to immediately notify WedShare.com of any unauthorized use of your account or any other breach of security known to you.
Rights to Terminate Use.
As a user of our service you agree that WedShare.com reserves the right, without prejudice to its other rights, to suspend or terminate your account relating to use of our service at any time where WedShare.com has determined, in its sole discretion, that your use of our service is, or was, in breach of this Agreement. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO WEDSHARE.COM AND WITHOUT ANY LIABILITY WHATSOEVER, WEDSHARE.COM AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT YOUR ACCESSTO OUR SERVICE.
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WedShare.com will provide a 99% availability of its web site, www.wedshare.com, and all those websites created and maintained by its members using the WedShare.com service. Occasional service outages may occur that WedShare.com cannot control. If such outages occur, WedShare.com will work on restoring service as soon as possible. WedShare.com is not liable or responsible for damages if such outages occur.
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During the length of your membership, WedShare.com is the legal owner and registrant of the domain name you publish your web site to. The domain name you choose is reserved by us for your exclusive use through our wedding website service. During your membership, this domain name cannot be transferred. During your trial period, your website will be accessible using a temporary URL. Upon site purchase, we will reserve the domain name of your choice and point the new domain name to your wedding website. If the domain name or names you have chosen are not available at the time you purchase your site, you will be contacted to select a different domain name.
You may choose to have a domain name you already own point to your WedShare wedding website. This domain name must either be transferred to WedShare.com's control, or the registrar (domain provider) must point the domain name to our servers. We do not provide nameserver service, so the registrar must point the domain name to a specific IP address. In addition, WedShare.com must perform a configuration change on our servers. You must request this configuration to be made. No discounts will be given if you want to use a domain name you already own with the website you create with WedShare.com.
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The services of WedShare.com are offered on a payment basis, after an initial free trial period. As a user of our service, you warrant that all information submitted in association with such payment by you is correct and that you are of sufficient age to execute an Agreement in the jurisdiction of your residence. You further warrant that you will bear any costs of collection that may be incurred by WedShare.com regarding such payments.
Fees due for services and products of WedShare.com shall be provided to WedShare.com in US Dollars. All payments to WedShare.com may be made using a credit card or personal check. Payments made by personal check must be sent to the WedShare.com payment address, provided on our purchase page, and are not considered paid in full until the check has been determined by our bank to have been cleared.
Unsuccessful credit card transactions and personal checks that fail to clear due to insufficient funds will prompt us to send you an email notifying you of the transaction failure or bad check. In addition, we will bill you a $20 insufficient funds fee for checks that are returned due to insufficient funds. By purchasing our products or services you agree that you will submit payment for this insufficient funds fee as well as any costs incurred by WedShare.com due to your returned check. You further agree to compensate WedShare.com for all costs incurred if your account must be handled by a third party collection agency.
Affiliate Payment Percentage
WedShare.com reserves the right to change the affiliate percentage payment at any time without notice.
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As defined above, WedShare.com may terminate your access to its services in its sole discretion at any time. Moreover, your access to your website will also be terminated at the expiration of a free trial period or the term for which payment has been made. Such termination or expiration shall not affect any existing right to relief, at law or in equity, of WedShare.com. Upon termination or expiration of any user of our services, all rights of such user shall terminate and any rights in content shall be belong to WedShare.com.
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Refund of Wedding Website Service
Your account will transition from a trial account to a membership account upon notification from our third party merchant service that the required membership fee has been successfully billed to your credit card or upon the successful clearance of a personal check in the proper amount sent to our payment address. At this time we will consider your membership paid and in good standing.
If you request a payment refund within two weeks (14 days) from this date of payment, WedShare.com will refund the full amount of your payment and terminate your membership.
Refund of Wedding Website Service Renewal
Likewise, renewals of wedding website services are considered paid upon notification from our third party merchant service that the required renewal fee has been successfully billed to your credit card or upon the successful clearance of a personal check in the proper amount sent to our payment address.
This renewal payment will be refunded in full and your membership terminated if you request a refund for your renewal payment within two weeks (14 days) of your renewal payment date.
Non-Refundable Purchases
WedShare.com will not issue a refund for any payment after 14 days from the date of such payment. In addition,
gift site purchases, Keepsake CD purchases, and domain name purchases are non-refundable. WedShare.com will not issue a refund for any purchase of a gift site, keepsake CD, or domain name.
Issuance of Refunds
Refunds will be issued as follows: (1) Check purchases by check; (2) Credit card purchases by credit issued to the credit card used in the original purchase transaction.
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This website and all products and services provided by WedShare.com are provided "as is" with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, WedShare.com disclaims any warranties for the security, reliability, timeliness, and performance of this service.
You understand and agree that the submission of material to WedShare.com, and the download of any material through WedShare.com's service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that may result in the download of any material. You are solely responsible for creating back-ups of your data.
Except as expressly provided in the preceding paragraph, to the fullest extent allowed by law, WedShare.com shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, and punitive damages resulting from the use or provision of WedShare.com's service or website, even if WedShare.com has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
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"WedShare", "WedShare.com", and "Mediasoft Technologies, Inc." are trademarks of Mediasoft Technologies, Inc. Any use of any of the marks, names, logos, or other indicia appearing on our website without the prior written consent of Mediasoft Technologies, Inc. or the owner of the respective marks, names, logos, or other indicia, is prohibited.
WedShare.com and all graphics, logos and service names used to identify WedShare.com's products and services are trademarks of Mediasoft Technologies, Inc. Third party trademarks used in connection with this service are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark.
You should assume that all of the content or other works made available to you through the Wedshare.com
service (together, the "Content") is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.
WedShare.com respects the intellectual property rights of others. WedShare.com claims no ownership rights in any image contained on your website and will not share your images unless instructed by you or otherwise required by law. If you believe your copyright in a work has been violated through this service, please contact WedShare.com for notice of claims of copyright infringement. Please see our contact page for contact information.
Ownership of Site and opyrights
You agree that your WedShare wedding website, our wedding planning tools, your website Control Panel, and any other web page hosted on our servers is the property of WedShare.com. NONE OF THE CONTENT FOUND ON SAID WEB PAGES MAY BE COPIED, REPRODUCED, REPUBLISHED, SOLD, TRANSFERRED, MODIFIED OR DISTRIBUTED IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF WEDSHARE.COM, EXCEPT BY A MEMBER BUT ONLY REGARDING CONTENT SUPPLIED BY SUCH MEMBER. Moreover, all content on said web pages, except for content provided by a member, is: Copyright WedShare.com, as of the year of first publication, beginning in 2004. All rights are reserved. Any copying, republication, derivation, or redistribution of such content, including by framing or other means, is prohibited without the prior written consent of the owner.
No Licenses
A member or trial user of WedShare.com (hereafter referred to as "Member") agrees that content available through WedShare.com, their wedding site and the software associated with or implementing their wedding site and all aspects thereof are protected by intellectual property rights including, but not limited to: copyright, trademark, and/or patent, and agrees not to take any action that would compromise the integrity of WedShare.com, its content or software, or to decompile, disassemble, or reverse engineer any software or programs used in connection with the WedShare.com service. Except as expressly provided, nothing shall be construed as conferring any license, expressed, implied, or by waiver or estoppel, under any of WedShare.com's or any third party's intellectual property rights. Member agrees further not to use any of the intellectual property rights mentioned above for any purpose other than the purpose for which such rights are made available in association with the WedShare.com service.
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WedShare.com may provide access to various other
third parties ("Wedding Resources") but does not warrant the accuracy, completeness, or any other aspect of information provided through such third parties and does not warrant or endorse any goods or services available through such third parties. Information obtained from such third parties should be independently verified before relied upon for any purpose. Goods and services available through such third parties should be independently assessed before purchase thereof. As a user of our services you agree that all dealings with any third party, including those of which you learn on our website, are strictly your responsibility and such third party, and WedShare.com shall have no responsibility or liability associated with any such dealings.
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As a user of our service you agree that this Agreement is the complete statement of the Agreement between you and WedShare.com and supersedes any other communications between you and WedShare.com relating to access of or use of our service. Thus, this is the entire agreement between you and WedShare.com However, its provisions other than those above related to "No Warranties" and "Limitations of Liability" of WedShare.com are severable to preserve the validity of the Agreement to the maximum extent possible. In the event that any provision of this Agreement should be determined to be unenforceable or invalid to any extent by a Court of competent jurisdiction, such provision shall be deemed to be modified as needed to ensure its enforceability to the maximum extent permitted under the law and shall not affect the validity and enforceability of any other remaining provisions.
Please review the following carefully. This "Agreement" is a contract between each party ("User") who accesses www.wedshare.com (the "Service") and the proprietor of the Service ("Mediasoft Technologies, Inc.", a corporation having a place of business I in San Jose, California) regarding access to, and use of, the Service. By accessing, or otherwise using, the Service, each User agrees to be bound by this Agreement and acknowledges the consideration provided by Mediasoft Technologies, Inc. in support of this Agreement, and particularly including the disclaimers, limitation of liability and provisions related to prohibited conduct set-out herein. Mediasoft Technologies, Inc. reserves the right to change this Agreement at its sole discretion by posting revisions thereto on the Service. Continued accessing, or otherwise using, the Service following any such revision(s) constitutes acceptance of the revised Agreement. EACH USER AGREES TO REVIEW THIS AGREEMENT AND ANY CHANGES THERETO REGULARLY ENOUGH DURING THE PERIOD OF TIME IN WHICH SUCH USER ACCESSES THE SERVICE TO ENSURE THAT SUCH USER REMAINS FAMILIAR AND IN COMPLIANCE WITH THIS AGREEMENT. Any User not agreeing with this Agreement or any changes to or revisions thereof should terminate access to, or other use of, the Service immediately.
Applicable Law.
This Agreement is interpreted under, and governed by, the laws of the state of California and the United States of America. User consents to the exclusive jurisdiction of the State and Federal Courts of the State of California, as applicable, in respect of all claims or disputes arising out of this Agreement or any aspect of performance thereunder or in any way connected with the Service.
User Acknowledgement and Agreement.
A User acknowledges that such User has read this Agreement and agrees to be bound by it as a condition precedent to continuing access to or use of the Service in any way.
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