Last updated on September 2, 2011.
All legal issues arising from or related to the use of WWPD's services shall be construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. These Terms of Service constitute the entire agreement between you and WWPD with respect to the use of WWPD's services. WWPD's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
WWPD reserves the right to amend these Terms of Service from time to time. These changes will be reflected in the Terms of Service as seen on our website.
Length Of Service
WWPD provides service subscriptions in annual increments only. This is because domain names can only be registered in annual increments.
WWPD will use commercially reasonable efforts to provide a 99% availability of its website and the website that it powers (for example, www.amandaandscott.com). Occasional service outages may occur that WWPD cannot control. If such outages occur, WWPD will work on restoring service as soon as possible. WWPD is not liable or responsible for damages if such outages occur.
All fees for WWPD services and products will be provided to WWPD in US dollars. All fees will be collected via a valid payment card. WWPD will not provide a refund of any service provided hereunder.
Domain Name Usage and Ownership
To the extent available, WWPD will register the domain for your website. WWPD is acting as your nominee only and all liability associated with the domain name or content on the domain is yours. WWPD reserves the right to reject (either at the time of selection or afterward), to abandon, and to transfer at any time (including on your behalf) any domains and/or wedding websites in the event that it receives notification that the domain infringes or allegedly infringes any third party right or for any other reason.
After selecting a domain name, it may take up to twenty-four hours for your website to be viewable online. This is out of our control and due to the global domain registry.
If the selected domain expires, the wedding website will revert to a subdomain selected by WWPD in its sole discretion, with notice you.
Additional Information About Online Privacy and Changes to Our PolicyWebsite Content
WWPD does not control the content of any user's account and does not have any obligation to monitor such content for any purpose. All content provided by a user of WWPD's services is the sole responsibility of that user. WWPD will not power any website that contains pornographic, offensive, or unlawful material. Upon discovery of such material, WWPD reserves the right to remove the material and terminate your subscription.
WWPD respects the intellectual property rights of others. WWPD 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. Please note that when you upload images and allow your website guests to view them, you allow your guests to share and make photographic prints from the images contained on your website. For more information, see our copyright policy referenced above. For the sole purpose of displaying your images through your WWPD website, and fulfilling any orders you or your website guests place, you grant to WWPD a non-exclusive, royalty-free license to use, copy, distribute, and display those images.
You are responsible for all of the images you upload, share or copy using WWPD's service. You must have the legal right to display each image that you upload or share, and to copy each image that you order prints of. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using WWPD's services.
In addition, the actions further described below, will constitute grounds for blocking your access to our service, removal of posted material and non-fulfillment of your order (or any part of your order). As a condition of your use of WWPD's services, you shall not: upload, post, order for print, 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, order for print, 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, uploading, posting, ordering for print, emailing or otherwise transmitting 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 site.
WWPD reserves the right to refuse to fulfill any order, or any part of any order, if it believes that these Terms of Service have been violated. In addition, WWPD reserves the right to disclose any account or order 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 WWPD or others.
Trademark and Copyright
WWPD and all graphics, logos and service names used to identify WWPD's products and services are trademarks of WWPD, a division of XO Group Inc. Third party trademarks used in connection with WWPD's services 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 WWPD's services (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.
Disclaimer of Warranty and Limitations of Liability
This site and all products and services provided by WWPD 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, WWPD and its sales agents disclaims any warranties for the security, reliability, timeliness, and performance of WWPD's services.
You understand and agree that the submission of digital images to WWPD, and the download of any material through WWPD's service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your images, any loss of your image and 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 digital images.
Except as expressly provided in the preceding paragraph, to the fullest extent allowed by law, WWPD and its sales agents shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages resulting from the use or provision of WWPD's services or site, even if WWPD 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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