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TERMS
OF USE
ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE
1.1 WITH USE OF THIS WEBSITE, YOU ARE IN AGREEMENT TO
THESE TERMS AND CONDITIONS OF USE. IT IS THE SITE VISITOR'S
RESPONSIBILITY TO READ THESE TERMS ("TERMS"). IF YOU DO NOT
AGREE WITH THESE TERMS OF USE, DO NOT USE THIS WEBSITE.
LEADER PUBLISHING AND ITS AFFILIATES
("JUSTWEDDINGDRESSES.COM") PROVIDE THIS WEBSITE TO YOU,
YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON
WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"),
SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN
JUSTWEDDINGDRESSES.COM AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING
AN ORDER THROUGH THIS WEBSITE; (b) SUBMITTING CONTENT, QUESTONS,
INFORMATION, ARTICLES, IDEAS OR PHOTOS (c) VIEWING PAGES ON THIS
WEBSITE; (d) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (e)
ACKNOWLEDGING AGREEMENT WITH THESE TERMS. YOUR ACCEPTANCE OF AND
AGREEEMENT TO OUR TERMS AND CONDITIONS IS ACKNOWLEDGED AND
DEMONSTRATED THROUGH YOUR USE OF THIS WEBSITE. IF YOU DO NOT AGREE TO
ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 This website ("Website") includes
without limitation: (a) on-line services accessible via the Website
(collectively the "Services"); (b) information such as
technical, contractual, product, program, pricing, marketing, and
other valuable information ("Information"); and (c) content
such as data, text, articles, sales copy, project instructions,
software, photographs, graphics, video, messages, or other materials
("Content"). Leader Publishing or JUSTWEDDINGDRESSES.COM
controls and operates its websites from various locations and makes
no representation that this Website is appropriate or available for
use in all locations. JUSTWEDDINGDRESSES.COM or Leader Publishing
products and services may not be available in Your location, and
deliverables may vary among locations. If You are using the Website
on behalf of Your employer, You represent and warrant that You are
authorized to accept these Terms on Your employer's behalf, and that
Your employer agrees to indemnify You and JUSTWEDDINGDRESSES.COM or
Leader Publishing for violations of these Terms. In addition to the
Terms and unless otherwise noted, the standard JUSTWEDDINGDRESSES.COM
terms and conditions of sale in your jurisdiction govern purchases
You make through the Website, unless You have in effect a separate
valid written purchase or license agreement with
JUSTWEDDINGDRESSES.COM for that product or service, in which case
that separate agreement governs, and in cases of conflict, prevails.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You
agree to: (a) provide accurate, current, and complete information
about You as may be prompted by a registration form on the Website
(the "Registration Data"); (b) maintain the security of
your password and identification; (c) maintain and promptly update
the Registration Data, and any information You provide to
JUSTWEDDINGDRESSES.COM, to keep it accurate, current and complete;
and (d) accept all risks of unauthorized access to information and
Registration Data. You have sole responsibility for adequate
protection and backup of data and/or equipment used in connection
with the Website.
2.2 You are entirely responsible for all Content that
You upload, post or otherwise transmit via the Website. You agree not
to upload, post or otherwise transmit via the Website Content that:
(a) is inaccurate, harmful, obscene, pornographic, defamatory,
racist, violent, offensive, harassing, or otherwise objectionable to
JUSTWEDDINGDRESSES.COM or other users of the Website; (b) includes
unauthorized disclosure of personal information; (c) violates or
infringes anyone's intellectual property rights; or (d) contains
software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
JUSTWEDDINGDRESSES.COM reserves the right to edit or remove Content
that violates these Terms or that contains third-party commercial
advertisements.JUSTWEDDINGDRESSES.COM also reserves the right to edit
or remove Content for any other reason at its own discretion.
2.3 You agree that You will not use the Website to:
(a) transmit spam, bulk or unsolicited communications; (b) pretend to
be JUSTWEDDINGDRESSES.COM or someone else, or spoof
JUSTWEDDINGDRESSES.COM's or someone else's identity; (c) forge
headers or otherwise manipulate identifiers (including URLs) in order
to disguise the origin of any Content transmitted through the
Services; (d) misrepresent your affiliation with a person or entity;
(e) disrupt the normal flow of dialogue or otherwise act in a manner
that negatively affects other users' ability to use the Website; (f)
engage in activities that would violate any fiduciary relationship,
any applicable local, state, national or international law, or any
regulations having the force of law, including but not limited to
attempting to compromise the security of any networked account or
site, operating an illegal lottery or gambling operation, stalking,
or making threats of harm; or (g) collect or store personal data
about other users unless specifically authorized by such users.
3. CONFIDENTIALITY OF JUSTWEDDINGDRESSES.COM INFORMATION
3.1 You may obtain direct access via the Website to
certain confidential information of JUSTWEDDINGDRESSES.COM, including
without limitation technical, contractual, product, program, pricing,
marketing and other valuable information that should reasonably be
understood as confidential ("Confidential Information").
You must hold Confidential Information in strict confidence. Title to
Confidential Information remains with JUSTWEDDINGDRESSES.COM and its suppliers.
3.2 Your obligations regarding Confidential
Information expire ten (10) years after the date of disclosure. Upon
termination of the Terms or JUSTWEDDINGDRESSES.COM's written request,
You must cease use of Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon You with
respect to Confidential Information that You can establish by legally
sufficient evidence: (a) You possessed prior to Your receipt
fromJUSTWEDDINGDRESSES.COM, without an obligation to maintain its
confidentiality; (b) is or becomes generally known to the public
through no act or omission by You, or otherwise without violation of
the Terms; (c) You obtained from a third party who had the right to
disclose it, without an obligation to keep such information
confidential; (d) You independently developed without the use of
Confidential Information and without the participation of individuals
who have had access to it, or (e) in response to a valid order by a
court or other governmental body, as otherwise required by law, or as
necessary to establish the rights of either party under these Terms
and as disclosed after prior notice to SuperWeddings.com adequate to
afford JUSTWEDDINGDRESSES.COM the opportunity to object to the disclosure.
4. CONTENT SUBMITTED TO JUSTWEDDINGDRESSES.COM
4.1 Unless otherwise stated herein, or in
JUSTWEDDINGDRESSES.COM's Privacy Policy, any Content You provide in
connection with this Website shall be deemed to be provided on a
nonconfidential basis. JUSTWEDDINGDRESSES.COM shall be free to use or
disseminate such Content on an unrestricted basis for any purpose,
and You grant JUSTWEDDINGDRESSES.COM an irrevocable, worldwide,
royalty-free, nonexclusive license to use, reproduce, modify,
distribute, transmit, display, perform, adapt, resell and publish
such Content (including in digital form). You represent and warrant
that you have proper authorization for the worldwide transfer and
processing among JUSTWEDDINGDRESSES.COM, its affiliates, and
third-party providers of any information that You may provide on the
Website. JUSTWEDDINGDRESSES.COM shall have no obligation of any kind
with respect to such Content.
4.2 JUSTWEDDINGDRESSES.COM and its designees reserve
the right to monitor, restrict access to, edit or remove any Content
that is available via the Website.
5. DELIVERY OF E-MAIL
JUSTWEDDINGDRESSES.COM will attempt to deliver all of
the e-mail that is addressed to Your e-mail address on
JUSTWEDDINGDRESSES.COM's Services. However, the nature of e-mail is
such that JUSTWEDDINGDRESSES.COM cannot guarantee delivery of such e-mail.
6. INDEMNITY
You agree to indemnify and hold JUSTWEDDINGDRESSES.COM
and its subsidiaries, affiliates, shareholders, officers, directors,
agents, licensors, suppliers, alliance members, other partners,
employees and representatives harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to
or arising out of Your Content, Your use of or connection to the
Website (including any use by You on behalf of Your employer), Your
violation of the Terms, or Your violation of any rights of another.
You agree to protect and fully compensate
JUSTWEDDINGDRESSES.COM / Leader Publishing from any and all
third-party claims, liability, damages, expenses and costs
(including, but not limited to, reasonable attorneys' fees) arising
from your use of the Website or Services, or violation of the TERMS
by you.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES;
AMENDMENT OF TERMS
JUSTWEDDINGDRESSES.COM may provide notice to You via
email, regular mail, or posting notices or links to notices on the
Website. JUSTWEDDINGDRESSES.COM reserves the right at any time to
modify, suspend or terminate the Services (or any part thereof),
and/or Your use of or access to them, with or without notice.
JUSTWEDDINGDRESSES.COM may also delete, or bar access to or use of,
all related Information and files. JUSTWEDDINGDRESSES.COM will not be
liable to You or any third-party for any modification, suspension, or
termination of the Services, or loss of related information.
JUSTWEDDINGDRESSES.COM may amend these Terms at any time by posting
the amended terms on this Website.
8. ADVERTISEMENTS AND PROMOTIONS
JUSTWEDDINGDRESSES.COM runs advertisements and
promotions from third parties on the Website. Your correspondence or
business dealings with, or participation in promotions of,
advertisers other than JUSTWEDDINGDRESSES.COM found on or through the
Website, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such
advertiser. JUSTWEDDINGDRESSES.COM is not responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such
non-JUSTWEDDINGDRESSES.COM advertisers on the Website.
9. CONTENT PROVIDED VIA LINKS
9.1 You may find links to other Internet sites or
resources on the Website. You acknowledge and agree that
SuperWeddings.com is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products, or
other materials on or available from such sites or resources.
JUSTWEDDINGDRESSES.COM will not be responsible or liable, directly or
indirectly, for any actual or alleged damage or loss caused by or in
connection with use of or reliance on any such content, goods or
services available on or through any such site or resource.
9.2 Content provided by outside sources on the Website
is the intellectual property of those sources. Any copying,
republication or redistribution of content owned by outside sources,
including by caching, framing, or similar means, is expressly
prohibited without the prior written consent.
10. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
10.1 Except as expressly authorized in writing by
Leader Publishing (owner of JUSTWEDDINGDRESSES.COM), You can not
reproduce, copy, use, modify, rent, lease, loan, sell, distribute,
mirror, frame, republish, download, transmit, or create derivative
works of any of the Content, including but not limited to text,
photographs, ad copy, instructions, visitors comments or submissions
contained on this website, in whole or in part, by any means. You
must not modify, decompile, or reverse engineer any software
SuperWeddings.com provides for your use or for the functioning of
this website, and You must not remove or modify any copyright or
trademark notice, or other notice of ownership.
10.2 Trademarks of Leader Publishing are protected by
Federal and International Trademark Law. "Leader Publishing's
Trademarks" means all names, marks, brands, logos, designs,
trade dress, slogans and other designations Leader Publishing uses in
connection with its products and services. You may not remove or
alter any of Leader Publishing's Trademarks, or co-brand your own
products or material with Leader Publishing's Trademarks, without
Leader Publishing's prior written consent. You acknowledge Leader
Publishing's rights in Leader Publishing's Trademarks and agree that
any use of SuperWeddings.com Trademarks by You shall inure to
SuperWeddings.com's sole benefit. You agree not to incorporate
any SuperWeddings Trademarks into Your trademarks, service
marks, company names, Internet addresses, domain names, or any other
similar designations, for use on or in connection with computer or Internet-related
products, services or technologies unless you have been granted the
express written permission of Leader Publishing. Violators will be
prosecuted in accordance with the applicable laws.
10.3 Leader Publishing / JustWeddingDresses.com
is committed to respecting others' intellectual property rights, and
we ask our users to do the same.While the vast majority of the
content featured on JustWeddingDresses.com is created and produced
directly by Leader Publishing / JustWeddingDresses.com, exclusively
for JustWeddingDresses.com, we occassionally accept submissions of
articles and photos from outside sources who warrant to be the owner
and copyright holder of said submssions.
It is our policy to promptly process and investigate
notices of alleged copyright infringement, and take appropriate
actions. If You believe that Your copyrighted work is bein copied in
a way that constitutes copyright infringement on our Website, please
notify our Content Administrator, preferably by email, at:
Content Administrator
Leader Publishing / JustWeddingDresses.com
28074 - 1795 Henderson Hwy; Winnipeg, MB, Canada
All notices of alleged copyright infringement must be
in writing (emal is preferable). When informing the Content
Administrator of an alleged copyright infringement, the complainant must:
(1) Identify the copyrighted work that allegedly has
been infringed. If multiple copyrighted works at a single Online site
are involved, please provide a list of the works on that site.
(2) Describe the material that is claimed to be
infringing and provide sufficient information, including full URL, to
permit us to locate that material.
(3) Provide your contact information, including an
address, telephone number, and, if available, an e-mail address.
(4) Certify or include a statement that the
complainant has a good faith belief that the use of the copyright-protected
material in the manner complained of is not authorized by the
copyright owner, the owner's agent, or law.
(5) Certify that the information that you have
provided is accurate. The complainant should attest under penalty of
perjury that s/he is authorized to enforce the copyrights that have
allegedly have been infringed.
(6) Include a physical or electronic signature of the
copyright owner or person authorized to act on behalf of the owner.
Before the complainants allege an infringement, s/he should consult
copyright materials to confirm that the use is, in fact, infringing.
The United States Copyright Office provides basic information,
online, at http://www.loc.gov/copyright/circs/circ1.html, which can
assist one in determining whether an exception or defense, such as
fair use, may apply to the use of your copyrighted work.
10.4 Unless explicitly stated herein, nothing in these
Terms shall be construed as conferring any license to intellectual
property rights, whether by estoppel, implication, or otherwise.
Permission is granted to display, copy, distribute and download
Content owned by Leader Publishing / JustWeddingDresses.com on this
Website provided that: (a) the copyright notice pertaining to the
Content remains, and a permission notice (e.g., "Used with
permission") is added to such Content; (b) the use of such
Content is solely for personal and non-commercial use; (c) such
Content will not be copied or posted on any networked computer or
published in any medium, except as explicitly permitted by valid
permission or license covering such materials; and (d) no
modifications are made to such Content. This permission terminates
automatically without notice if You breach any of the terms or
conditions in this Section 10.4. Upon termination, You must
immediately destroy any downloaded and/or printed Content and may be
liable for finanical penalty.
11. DISCLAIMER OF WARRANTIES
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE
WEBSITE, INCLUDING ALL INFORMATION, SERVICES AND CONTENT (AS DEFINED
IN SECTION 1.2) IS PROVIDED ON AN "AS IS", "AS
AVAILABLE", AND "WITH ALL FAULTS" BASIS.
SUPERWEDDINGS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, OR
REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY
QUALITY, AND NON-INFRINGEMENT.
11.2 JustWeddingDresses.com MAKES NO WARRANTY OR
REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF
ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR
REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
Leader Publishing MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR THE
INFORMATION PROVIDED THROUGH THIS WEBSITE OR THROUGH SERVICES RELATED
TO THIS WEBSITE. ANY MATERIAL, ADVICE, OR INFORMATION DOWNLOADED,
TRANSMITTED, PUBLISHED, OR OTHERWISE OBTAINED THROUGH THE USE OF ANY
SERVICE ON OUR WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGES WHICH MAY ARISE TO YOURSELF OR ANY
OTHER PERSON, PERSONS, OR ENTITIES, AS A RESULT OF YOUR USE OF THIS
WEBSITE, THE INFORMATION IT CONTAINS AND PROVIDES, OR ANY SERVICES
RELATED TO THIS WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES
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 MATERIAL FROM THIS WEBSITE OR FROM ANY OTHER USE
OF THIS WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM SUPERWEDDINGS.COM OR FROM ANY SERVICE PROVIDED
ON OR THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF USE.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY
CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM
COMPUTER VIRUSES.
12. LIMITATION OF LIABILITY
12.1 TO THE FULL EXTENT PERMITTED BY LAW,
SUPERWEDDINGS.COM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL,
REPUTATION, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER
ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE,
EVEN IF SUPERWEDDINGS.COM HAS PREVIOUSLY BEEN ADVISED OF, OR
REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES,
HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT
(INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO:
(a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE
WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE,
INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF
TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR
FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY
DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
Leader Publishing / JustWeddingDresses.com, its
subsidiaries, affiliates, directors, officers, agents, vendors or
other partners, and employees, will not be liable for 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 or any
JustWeddingDresses.com visitor, or to you or any
JustWeddingDresses.com visitor, through our website, or by your use
of our website, or by your violation of our Terms of Use, or your
violation of the rights of another.
12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT
ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY.
13. JUSTWEDDINGDRESSES.COM'S PRIVACY POLICY
You consent to the collection, processing and storage
by JustWeddingDresses.com of Your personal information in accordance
with the terms of JustWeddingDresses.com's Privacy Policy, which is
available at www.JustWeddingDresses.com/privacy.html
You agree to comply with all applicable laws and regulations, and the
terms of JustWeddingDresses.com's Privacy Policy, with respect to any
access, use and/or submission by You of any personal information in
connection with this Website.
14. GENERAL TERMS
12.1 TO THE FULL EXTENT PERMITTED BY LAW,
SUPERWEDDINGS.COM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL,
REPUTATION, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER
ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE,
EVEN IF SUPERWEDDINGS.COM HAS PREVIOUSLY BEEN ADVISED OF, OR
REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES,
HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT
(INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO:
(a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE
WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE,
INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF
TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR
FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY
DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
Leader Publishing / JustWeddingDresses.com, its
subsidiaries, affiliates, directors, officers, agents, vendors or
other partners, and employees, will not be liable for 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 or any
JustWeddingDresses.com visitor, or to you or any
JustWeddingDresses.com visitor, through our website, or by your use
of our website, or by your violation of our Terms of Use, or your
violation of the rights of another.
12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT
ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY.
13. JUSTWEDDINGDRESSES.COM'S PRIVACY POLICY
You consent to the collection, processing and storage
by JustWeddingDresses.com of Your personal information in accordance
with the terms of JustWeddingDresses.com's Privacy Policy, which is
available at www.JustWeddingDresses.com/privacy.html You agree to
comply with all applicable laws and regulations, and the terms of
JustWeddingDresses.com's Privacy Policy, with respect to any access,
use and/or submission by You of any personal information in
connection with this Website.
14. GENERAL TERMS
14.1 The Terms constitute the entire agreement between
You and JustWeddingDresses.com relating to their subject matter, and
cancel and supersede any prior versions of the Terms. No modification
to the Terms will be binding, unless in writing and signed by an
authorized JustWeddingDresses.com representative. You must not assign
or otherwise transfer the Terms or any right granted hereunder. You
also may be subject to additional terms and conditions that may apply
when You use JustWeddingDresses.com or third-party products or services.
14.2 You agree that any material breach of Sections 2,
3, 4, 6, and 10 of the Terms will result in irreparable harm to
JustWeddingDresses.com for which damages would be an inadequate
remedy and, therefore, in addition to its rights and remedies
otherwise available at law, JustWeddingDresses.com will be entitled
to equitable relief, including both a preliminary and permanent
injunction, if such a breach occurs. You waive any requirement for
the posting of a bond or other security if JustWeddingDresses.com
seeks such an injunction.
14.3 Federal law governs any action related to the
Terms and/or Your use of the Website. Choice of law rules of any
jurisdiction and the United Nations Convention on Contracts for the
International Sale of Goods will not apply to any dispute under the
Terms. The Terms of Use and the relationship between you and
SuperWeddings.com/Leader Publishing shall be governed by the laws of
the province of Manitoba regard to its conflict of law provisions.
You and JustWeddingDresses.com /Leader Publishing agree to submit to
the personal and exclusive jurisdiction of the courts located within
the province of Manitoba.
The failure of JustWeddingDresses.com / Leader
Publishing 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 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.
14.4 Services, Content, and product derived or
obtained from this Website may be subject to export laws and the
export or import laws of other countries. You agree to comply
strictly with all such laws
14.5 Rights and obligations under the Terms which by
their nature should survive will remain in full effect after
termination or expiration of the Terms.
14.6 Any express waiver or failure to exercise
promptly any right under the Terms will not create a continuing
waiver or any expectation of non-enforcement. If any provision of the
Terms is held invalid by any law or regulation of any government, or
by any court or arbitrator, the parties agree that such provision
will be replaced with a new provision that accomplishes the original
business purpose, and the other provisions of the Terms will remain
in full force and effect.
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