WedPics (Deja Mi, Inc.) Terms and Conditions of Use
THESE TERMS CONTAIN IMPORTANT DISCLAIMERS AND LEGAL INFORMATION
We may, in our sole discretion, modify, restrict, change, or otherwise alter the Agreements or the Website, in whole or in part, impose limits on certain features or Services on the Website, restrict your access to part or all of the Website or terminate any or all Services. By continuing to access and use the Website you will be evidencing your consent to, agreement with, and understanding of, such modifications, changes or alterations. We may not notify you of changes, alterations or modifications to the Agreements that are necessary or desirable, as we determine in our sole discretion. Because we reserve these rights, you should visit this page periodically to review the Agreements.
Website users (“Users”) shall use the Website for lawful, noncommercial (with the exception of co-branding services discussed in Section 19) purposes only. You agree and acknowledge that User comments, photographs, videos, and other user materials (“User Content”) posted on the Website constitute public and not private communications. We reserve the right in our sole discretion and without notice to you (i) to refuse to post any User Content, and (ii) to delete or move User Content. You may not use or allow others to use your WedPics account to:
Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, libelous or which discloses private or personal matters concerning any person;
Post or transmit any material that you do not have the right to transmit under law (such as third-party copyrights, trade secrets, trademarks, securities, or other proprietary rights) or under contractual or fiduciary relationships (such as nondisclosure agreements);
Post, transmit, or link to sexually explicit material or other material that is hateful or incites violence;
Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;
Intentionally violate any other applicable law or regulation while accessing and using the Website;
Deliberately disrupt discussions with repetitive messages, meaningless messages, or “spam”; or
Post or transmit any file that contains viruses, malicious code, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone else’s computer.
You further acknowledge and agree that any statements, actions or opinions expressed in User Content are those of the User posting such content, and do not necessarily represent the view or opinions of WedPics. We reserve the right to refuse, delete, or move any User Content if in our sole discretion it is inaccurate, abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, libelous or is
otherwise in violation of these Terms. We reserve the right to block any User who violates these Terms from posting User Content to the Website.
As stated in Section 11, you agree to indemnify WedPics and hold us harmless from any actions, claims, proceedings, or liabilities arising out of your violation of the Agreements. You are responsible for all statements made and acts that occur through the use of your user name and password. Please do not disclose your password to anybody. If it has been lost or stolen, contact us as soon as possible by the methods set forth in Section 22. If notified by a User that specific User Content does not conform to the Agreements, WedPics may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the User Content. WedPics has no liability or responsibility to Users for performance or nonperformance of such actions.
OWNERSHIP OF USER CONTENT
WedPics does not claim ownership of User Content. However, you hereby grant WedPics a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise fully exploit your User Content and to incorporate User Content in other works in any form, media, or technology now known or later developed in connection with the Website, the Service, or WedPics’s (and its successors’ and assigns’) business. You also hereby do and shall grant each user and third-party partner of the Website and/or the Service a non-exclusive license to access or receive your User Content through or from the Website and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Content. Additionally, you hereby grant WedPics and any third-party partner the non-exclusive right to use your name, likeness, images and biographical information in its discretion in association with your User Content.
REGISTRATION FOR SERVICES
In some cases, to gain access to the Services, you must register on the Website. When and if you register to become a contributing participant, you agree to provide accurate, current, and complete information about yourself as prompted by the appropriate registration form. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate the Agreements and your use of the portions of the Website available to registrants. As part of the registration process, you will be asked to select an email address and password. We may refuse to grant you an account with name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights
law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
The Website is for general audiences and is not directed toward those under 13 years of age. If you are under age 13, please do not attempt to register or provide information and/or media to WedPics. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us at email@example.com. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe Internet use practices.
The owner of the Website is based in the state of North Carolina in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We welcome any User suggestions to assist us in providing new information and services to our users. While we will endeavor to review your suggestions, we may not be able to adequately respond to messages suggesting new ideas. You hereby agree that any idea that you may convey to us shall become our sole and exclusive property and that we will have no liability or responsibility for providing any credit, compensation or other consideration for any idea that you may send to us or for keeping such idea confidential. Such submissions may not be acknowledged and will not be returned.
The Website may contain text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by third parties (“Content”). Such Content is for your reference only and should not be relied upon by you for any purpose. The Content may not be copied, duplicated, distributed, downloaded, sold or otherwise exploited by you in any way, except as agreed to in writing by us. We are not responsible for the Content’s accuracy and/or reliability.
WedPics is part of an affiliate network and may from time to time include items created by other companies included in the affiliate network on the Website (including its blog). As part of such network, WedPics may accept forms of cash advertising, sponsorship, paid insertions or other forms of compensation that may influence the advertising content, topics or posts made in the Website. That content, advertising or post may not be identified as paid or sponsored content. WedPics is not compensated to provide opinions on products, services, websites and various other topics. WedPics is not responsible for the accuracy and/or reliability of any product claim or other representation. Any product claim or other representation about a product or service should be verified with the manufacturer or provider.
From time to time, the Website will contain hyperlinks (“Links”) to Websites operated by third parties. Such Links are for your reference only, and we neither control such linked Websites or the third parties that operate them, nor are we liable or responsible for their availability or content. Display of such Links or the names of their third party operators or owners on the Website does not imply or express any endorsement by us of any individuals or entities referred to in the content of such linked Websites, or of such third parties. You may direct any comments or concerns that you may have regarding any such Links or third parties on the Website to us by the methods set forth in Section 22. User is solely responsible for any charges or obligations that may be incurred as a result of any dealings with such linked Website operators. Other Websites may also have a link to our Website posted on their Website; you hereby acknowledge and agree that we are not responsible for the content of any such Website or the actions of any operator of any such Website.
COPYRIGHTS, TRADEMARKS AND SERVICE MARKS
Our Website and all materials on the Website including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Intellectual Property”) are or may be protected under United States and worldwide copyrights which are owned or licensed, in whole or in part, by us or otherwise used with permission of their respective owners. Intellectual Property or any third party trademarks, service marks, or copyrights may not be manipulated, edited, reproduced, performed, republished, uploaded to or downloaded from, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from this Website or any other Website owned or operated by us without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Website or any portion thereof, or use of any of the foregoing for any other purpose constitutes an infringement of our copyrights, trademark rights or property and proprietary rights, or of the respective owners of such Intellectual Property. Any use of any portion of this Website on any other Website or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. You represent that you are the sole author and proprietor of any information or ideas that you submit to us, and that no information or ideas submitted by you has been registered for copyright protection in any jurisdiction or has been previously published in any form.
Users or others that believe that any User Content infringes upon their copyrights (“Claimant”) may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (identified below) written notice including the following information (see 17 U.S.C. § 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest.
A description of the copyrighted work or other work that is alleged to have been infringed.
A description of where the User Content that is allegedly infringing is located on the Website.
The Claimant’s address, telephone number, and email address.
A written statement by the Claimant that he/she/it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by the Claimant, made under penalty of perjury, that the above information in the Claimant’s notice is accurate and that the Claimant is the copyright owner or is authorized to act on the copyright owner’s behalf.
WedPics’s Designated Agent for notice of claims of copyright or other forms of proprietary rights infringement can be reached as follows:
Deja Mi, Inc. (d/b/a WedPics)
310 South Harrington Street, Raleigh, NC 27601
Phone: (919) 621-6210
If the disputed User Content was posted by a third-party identifiable through reasonable efforts, we will provide reasonable notice to the third-party of the charge. If the third-party responds with a valid counter-notification, we will provide the Claimant with a copy so that the Claimant may take any other steps he/she/it may consider appropriate.
You agree to defend, indemnify and hold harmless, us, our affiliates, agents, employees, directors, officers, donors, grantees, content producers, and volunteers from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys’ fees and disbursements) arising out of or relating to: (i) your breach or failure of your obligations under the Agreements, (ii) the placement by you of a link to the Website on any Website or in any e-mail, or (iii) your use of the Website or participation in any activities arising from this Website, including but not limited to the Services. Such indemnity shall include any costs and expenses incurred by us in any actions taken to enforce this indemnity.
DISCLAIMER OF WARRANTY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF OURS OR ANY OF OUR AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, DONORS, GRANTEES, CONTENT PROVIDERS OR VOLUNTEERS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER US NOR ANY OF OUR AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, DONORS, GRANTEES, CONTENT PROVIDERS, OR VOLUNTEERS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT USE OF OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. OUR WEBSITE, CONTENT AND SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH WEDPICS OR THE WEBSITE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES, AND ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
NEITHER WEDPICS NOR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, DONORS, GRANTEES, CONTENT PROVIDERS, OR VOLUNTEERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR THE CONTENT. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON THE WEBSITE OR SUBMITTED TO US. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR POTENTIAL LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE EVENT THAT THIS SECTION 13 IS DETERMINED BY ANY COURT TO BE UNENFORCEABLE, YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST WEDPICS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, DONORS, GRANTEES, CONTENT PROVIDERS, OR VOLUNTEERS THEREOF SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND SUCH CLAIM SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION, HEARING OR OTHER PROCEEDING (INCLUDING WITHOUT LIMITATION ANY OTHER SUIT OR CLASS ACTION) BROUGHT BY OR AGAINST ANOTHER USER OR US WITHOUT OUR EXPRESS WRITTEN CONSENT.
VALIDITY OF ELECTRONIC/INTERNET CONTRACTS
The Agreements shall have the same meaning, force and effect as if executed by hand, and all of the laws to which a hand executed agreement are subject will govern the Agreements. A printed version of the Agreements shall be admissible in judicial or administrative proceedings based upon or relating to the Agreements to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CHOICE OF LAW
THE AGREEMENTS WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, APPLICABLE TO AGREEMENTS MADE AND WHOLLY PERFORMED IN THAT STATE, WITHOUT REGARD TO THE CHOICE OF LAW PROVISIONS THEREOF. Users will resolve any claim, cause of action or dispute with WedPics arising out of or relating to the Agreements or the Website exclusively in state or federal court located in Wake County, North Carolina. Users agree to submit to the personal jurisdiction of the courts located in Wake County, North Carolina for the purpose of litigating all such claims.
WedPics will review any/all cases in which Users are unhappy with the products or services offered by WedPics or its affiliates. However, we do not issue refunds based on lack of internet/network coverage and/or lack of content posted to an album. WedPics provides you with the tools (mobile application and website) for you and your guests to utilize the album post-wedding. Furthermore, WedPics provides you with a Dashboard to help you share and promote the use of the application at your wedding with your guests. If you wish to have your case reviewed, contact firstname.lastname@example.org
Individuals, companies, organizations, or institutions that create a “vendor account” on our Website to utilize WedPics co-branded services (a “WedPics Partner”), must agree to be bound by the Agreements, and must agree to be bound by the following additional terms and conditions.
A. Intellectual Property Rights.
Subject to the restrictions below, as a WedPics Partner you may download and make copies of the WedPics Ad Kit for your personal use for the purpose of co-branding with us and advertising your use of the Website to your clients, and you may distribute your custom URL to your clients. You must not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. You must not modify copies of any materials from the Website nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is being transferred to you, and all rights not expressly granted are reserved by WedPics. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The WedPics name, the term “WedPics”, and all related names, logos, product and service names, designs and slogans are trademarks of WedPics or its affiliates or licensors. In connection with your status as a WedPics Partner, WedPics hereby grants you a limited, non-transferable, revocable license to use the “WedPics” name and logo set forth at the top of these Terms for the limited purpose of publicizing your participation in the WedPics Partner program for the period during which you remain a WedPics Partner. You may not modify or alter the marks and no other use of the marks is permitted without the express written consent of WedPics. Furthermore, you shall not depict the marks in any manner or in any materials that would tend to denigrate, disparage, tarnish, present in a false light or otherwise reflect negatively on the marks, WedPics or any of its affiliates, or any of their respective products or services. WedPics may revoke this license at any time by written notice to you. All other names, logos, product and service names, designs and slogans used on the Website are the trademarks of their respective owners. As a WedPics Partner, you may choose to provide us with access to certain of your marks or logos. You hereby grant to us a limited, non-transferable and revocable license to display the trade names, trademarks, service marks, logos, copyright notices, domain names, and other distinctive brands associated with you that you provide to us for the limited purpose of promoting or advertising your use of the Website, with a right to use, reproduce, copy, access, view, modify, edit, perform, display, prepare derivative works of, reformat, translate, and distribute in order to perform our obligations hereunder and to provide our users with the services we provide through the Website, as such may be modified from time to time; and to enforce these Terms.
C. Other Restrictions On Use
WedPics Partners are not permitted to submit email addresses that do not represent Current Clients. “Current Clients” are defined as clients that have used and/or purchased any product or service of such WedPics Partner within the past six months.
WedPics Partners may not participate in the sharing and/or uploading of photos to a WedPics account without the express written consent of the Admins. “Admins” is defined as the couple for which the album has been created of said account.
We reserve the right to withdraw or amend the Website, any material we provide through the Website, or to terminate your status as a WedPics Partner and your access to the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
Company shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other catastrophes or occurrences that are beyond WedPics’ reasonable control.
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreements.
Paragraph headings are solely for the convenience of reference and shall not be given any weight or effect in the interpretation or construction of the Agreements.
Waiver of any breach or default under any provision of the Agreements shall not be effective unless it is in writing and executed by us, and shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision.
The Agreements constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Website.
If any provision of the Agreements is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreements shall continue in full force and effect.
Any rights not expressly granted herein are reserved.
If you wish to contact us for any reason, please contact us at email@example.com, or use the “Contact Us” link on the Website.
These Terms and Conditions of Use were last updated on 3.27.14