Saskweddings Online Inc. - Terms Of Use

Last Updated: July 2, 2013

BY ACCESSING AND USING THIS Saskweddings.com / Saskwedding.com website will be referred in this document as the "Site ".

YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF USE.


Saskweddings Online Inc. will be referred in this document as "The Company".

1. Modification of Terms of Use: By using the Site, you are representing that you are at least 16 years old (or the minimum legal age in the jurisdiction in which you are viewing the Site). We may modify these Terms of Use at any time. Modifications will be posted in these Terms of Use, and your use of the Site after such changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes therein. You should read these Terms of Use each time you access, and prior to using, the Site.


2. Use of Site: Content on the Site may be displayed and printed solely for your personal, non-commercial use. You may not reproduce, copy, sell, resell or otherwise make use of this Site, or any portion of this Site, without the express prior written consent of the company. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). We reserve the right to refuse service, terminate accounts, and/or cancel orders by our sole discretion. You are responsible for maintaining the confidentiality
of your password(s). In the event of a breach of security through your account, you will be liable for unauthorized use until you notify us at info@saskweddings.com. You are responsible for obtaining access to the Site and understand that access may involve third party fees (such as Internet services provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.


3. Registration: In order to use the membership features you will be required to register and create an account by manually filling out the Saskweddings Online Membership Agreement Form. All registration information provided by you must be accurate and remain current. If any of your registration information changes, you can update it by e-mailing info@saskweddings.com.


4. Subscription Services: The Company will charge you fees for access to our: 12-month (Bronze Membership), 24-month (Silver Membership), 60-month (Gold Membership) subscription membership features, or for our Life-Time (Platinum) membership features. In order to use the membership features you will be required to have a Bronze, Silver, Gold or Platinum account by manually filling out the Saskweddings.com Online Contract Agreement form providing the Company with accurate and complete billing information including; legal name, address, telephone number, and billing information. All billing information provided by you must be accurate and current. If any of your billing information changes, you can update it by e-mailing info@saskweddings.com. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. After your initial subscription period, the Company reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees, effective upon prior notice to you. All outstanding balances that are 30 days past the Invoice date are subject to monthly interest fees at 2% per month, plus any applicable administrative fees outstanding. There will be a $50 charge on all Non-Sufficient Funds (NSF) cheques.

  1. Non-Transferable: Your subscription is not transferable to anyone else at any time, under any circumstances.

  2. Subscription fees: Bronze Membership, Silver Membership, Gold Membership, and Platinum Membership fees will be specified in terms of the offer.

  3. Subscription Renewal and Cancellation: The Company will not automatically renew and charge your account on or near the date on which your Bronze, Silver, Gold or Platinum subscription would otherwise expire, unless you give notice to the Company of your desire to continue your subscription. Notice of intent to cancel your subscription must be given by sending an email to info@saskweddings.com. Your cancellation request should include your Saskweddings.com user name and/or the email address associated with your Saskweddings.com account. If you cancel prior to your renewal date, you will continue to have access to all Saskweddings.com Membership features for the remainder of the membership term you selected at sign-up. Once your membership term has expired, your access to Saskweddings.com Members features will be terminated. The Company will not pay pro-rated refunds for subscriptions cancelled prior to the renewal date, whether such cancellation is initiated by you or is initiated by the Company in response to your violation of the Terms of Use. Delinquent accounts may be suspended or canceled at the Company sole discretion; however, charges will continue to accrue through the term of the subscription. The Company may bill an additional charge for associated collection fees.

  4. Termination for Violation of the Terms of Use: The Company may terminate your subscription, paid via prepaid or monthly, for violation of these terms and conditions. If your account is terminated for violation of the Terms of Use, you will not be entitled to a refund and any amount you prepaid will be considered liquidated damages and not a penalty.


5. Fees and Payments:

  1. Offers Vary: All authorized charges will be billed to you by invoice. You can pay by using one of our authorized payment methods; cash or cheque, based on the terms described in the subscription or advertising offer. Bronze, Silver, Gold or Platinum members are required to purchase either a 12-month (Bronze Membership), 24-month (Silver Membership), 60-month (Gold Membership), or Life-Time (Platinum Membership) to be considered an 'active' Saskweddings.com member. Bronze, Silver, Gold or Platinum members are required to pay extra fee(s) for any additional data entry or updates to their memberships. This includes updates to; Web-Link, Information Page, Logo, or Coupon in which the member is unable to update themselves. The fee(s) must be quoted by Saskweddings.com at the time of inquiry. The Company does not; establish, estimate, or guarantee, a 'set time period' for the duration of a Life-Time subscription membership. A Life-Time subscription membership will be defined as the 'Duration of the website (www.saskweddings.com / www.saskwedding.com) as it is fully active and operational on the internet.'

    Saskweddings.com Bronze, Silver, Gold or Platinum Members can lose their Life-Time Membership status if one of the following circumstances occurs:

    i.) If the Saskweddings.com member becomes deceased.

    ii.) If the Saskweddings.com Member in (Supplies & Services) goes out of business, or if their business is sold to another owner or operator.

    iii.) If the Saskweddings.com Member changes their business contact & billing information and fails to inform Saskweddings.com on their new contact information within a 6 month period.

    iv.) If the Saskweddings.com Member e-mails a cancel request to Saskweddings.com at the following e-mail: info@saskweddings.com.

    v.) If the Saskweddings.com Member violates the terms & conditions of this website.

    vi.) If the Saskweddings.com Member has an unpaid balance for their membership or for other Saskweddings Online Inc. products or services.

    PLEASE NOTE: Coupons are MANDATORY for all members to have on their Advertisement Page.


  2. Membership: In order to set up an account with Saskweddings.com you must provide the Company with accurate and complete billing information including legal name, address, telephone number, and billing information. The Company will charge you fees for access to the Companys' Membership features. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. After your initial subscription period, the Company reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees (but only upon prior written notice to you --- said notice will customarily be provided via email). Payment plans are only available to Gold Memberships (maximum of 3 payments over a 3 month period) and Platinum Memberships (maximum of 12 payments over a 12 month period).

  3. Charge-Backs/Returns: Your right to use the membership features is subject to any restrictions established by the Company.  The Company reserves the right to either suspend or terminate your account if your cheque payment is returned for any reason (including NSF Cheques). The Company will bill for unpaid balances and unpaid balances are subject to an additional charge for associated collection fees, if applicable.

6a. Three Day Money Back Guarantee/Refunds: The Company offers new paid subscribers a Three (3) day money back guarantee. You may resign at any time within the first three days of your Bronze, Silver, Gold, Platinum subscription membership purchase and receive a full refund for the amount you paid upon membership signup, by sending an email to info@saskweddings.com, providing your Saskweddings.com membership name, and your current email address. Resigning your account during the first three days will result in your access to Saskweddings.com features and all information that you submitted could be limited or removed. If you cancel your account after the first 3-days you will not receive a refund, however you will still be able to access Saskweddings.com features for the remainder of the period for which you have paid. The money back guarantee is available only to new subscribers who have not previously purchased a Saskweddings.com Membership. The Company will not pay pro-rated refunds for a Bronze, Silver, Gold, Platinum subscription membership cancelled prior to the expiration date, whether such cancellation is initiated by you or is initiated by the Company in response to your violation of the Terms of Use.

7. Online Conduct: The following rules govern conduct on Saskweddings.com:

  1. Personal Use Only: Content on the Site may be displayed and printed solely for your personal, non-commercial use (except as otherwise specified). You may not reproduce, copy, sell, resell or otherwise make use of this Site, or any portion of this Site, without the express prior written consent of the Company. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

  2. Passwords: You are responsible for maintaining the confidentiality of your password(s). In the event of a breach of security through your account, you will be liable for unauthorized use until you notify us at info@saskweddings.com You may change your password by e-mailing us at info@saskweddings.com.

  3. You agree to:
    • Follow all local, state, provincial, national and international laws and regulations.
    • Take responsibility for all acts that occur under your name and password.
    • Maintain the confidentiality of your password and login identity.
    • Use the Site in a manner consistent with applicable laws and regulations.
    • Promptly inform the Company about any changes to your membership registration information.
    • Promptly inform the Company about any changes to your membership billing information. Comply with all intellectual property and other proprietary rights laws, including but not limited to federal and international copyright and trademark laws.

  4. You agree not to:
    • Post your e-mail address, web address, ICQ, msn messenger or other personal contact information (except as specifically authorized).
    • Submit, publish or display on the Site any defamatory, abusive, obscene, threatening, racially or sexually offensive or illegal material, or any material that infringes or violates another party's rights.
    • Target the Company or any other user with the intent to cause harm, distress, embarrassment or other discomfort.
    • Use a false e-mail address, impersonate any person or entity, utilize more than one screen name, or otherwise mislead as to the origin of content.
    • Use the Company for your own advertising or for selling goods or services or for other commercial purposes (except as specifically authorized on the site --- for example, a Saskwedding Member will have the right to promote their product/service to potential clients and drive web traffic to their own personal web site. However a Saskwedding member cannot list a competitor site (i.e. bridescanada, wedding bells, etc in an attempt to drive traffic from Saskweddings.com).
    • Solicit our members or send any other communication to our members (except as specifically authorized). This includes but is not limited to Industry and/or Saskwedding members who solicit Saskweddings.com members to join another competing and/or similar site/community as Saskweddings.com.
    • Send unsolicited email.
    • Involve or attempt to associate the Company in any way with the posting or transmission of unsolicited advertising, promotional materials, or other forms of solicitation.
    • Harass, abuse, or threaten other members or representatives or employees of the Company, including (but not limited to) Member service representatives, or otherwise abuse the Company Member support efforts.
    • Republish information found in or on the site without first obtaining written permission from the Company
    • Give proprietary information about Saskweddings to Non-Members, such as any newsletters, or the hidden review page and password.

8. Abusive Conduct:

  1. Reporting Abusive Conduct: Please contact us at info@saskweddings.com in the event you need to report abusive conduct. Although we have no obligation to police the site, we do try to remove content that is clearly inappropriate when it is brought to our attention.

  2. Consequences for Abusive Conduct: If you violate these Terms of Use, the Company may, with or without prior warning, terminate your account without refund. In the event of a serious violation (as solely determined by the Company) the Company may also file suit against you for business interference or other appropriate legal actions and we will seek compensation from you for potential damage to our reputation caused by your actions. The Company has the right to cooperate with authorities regarding any suspected violation of these Terms of Use. All information contained within your Information Page may and could be used in any action brought on by your suspected violation(s).

9. Content Issues:

  1. Content Review and Monitoring: The Company has the right but not the obligation to screen or edit information that is posted or shared by our members and to remove any objectionable information, at our discretion, without notice. The Company staff members may examine the content you post, or messages you send, for a variety of reasons including (but not limited to): responding to your requests for Member service; responding to Member complaints about the conduct of other users; looking for or investigating indications that content does not comply with the terms of this agreement or applicable Terms of Service; researching the Company Member needs and interests; training the Company staff; other business purposes such as reporting to banks, insurers, accountants, attorneys, investors, marketing partners, services partners, etc.; and any other reason that may potentially benefit the Company or its Members.

  2. Content Disclosure: The Company has the right to disclose any information provided by its users in response to a court order, law, regulation, investigation or other government demand or requirement.

  3. Offensive Content: It is possible that other users or members may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such materials. By using the Site, you assume the risk of such occurrences.

10. Commerce on our Web Site: You may have opportunities to order and purchase merchandise or services through the Site. All transactions relating to merchandise or services offered by any party other than the Company are solely between the seller and you, and you acknowledge that the Company and its subsidiaries and affiliates make no warranties or representations with regard to such merchandise and/or services.

11. Links: The Site may contain links to other web sites or resources. The Company is not responsible for the content or operation of such other web sites or resources, and shall have no liability in connection with them.

12. Intellectual Property Rights:

  1. The Company: The content displayed on the Site, including without limitation text, graphics, logos, images, artwork, audio clips, video clips, digital downloads, data compilations, trademarks, service marks and software, is the exclusive property of the Company or its content providers (including Members) and is protected by copyright, intellectual property and/or trademark laws.

  2. Materials Posted or Uploaded to Site: Any sound recordings, musical and/or vocal works, pictures, videos, song lyrics, text, resumes, weblinks, bios, manuscripts and/or other materials (collectively the "Material") submitted by you shall be available for the Company to use on a non-exclusive basis anywhere and everywhere throughout the universe without any payment to you. You agree to authorize and/or license the Company to reproduce, distribute, publicly perform, publicly display and digitally perform and/or distribute the Material in whole or in part, alone or together with other material the Company full permission to use the materials/content you post on a non-exclusive basis in any way we see fit (such as a part of a Site advertising campaign or marketing promotion). You retain full ownership of your materials/content. The intent of the “non-exclusive basis anywhere and everywhere throughout the universe without any payment to you” is to be sure the Company is in a position to promote and leverage your work to gain you as much support as possible.

  3. License Grant: If you post or submit material, (unless we indicate otherwise), you grant the Company and its affiliates a royalty-free, non-exclusive, worldwide, non-terminable, perpetual right and license, but not the obligation, to post, display, exhibit, reproduce, mechanically reproduce, modify, adapt, translate, encode, print, distribute, transmit, retransmit, stream, archive, stream on-demand, make available digitally for download and publicly perform, broadcast, rebroadcast, and webcast through any use of Internet based protocols, distribute in any media through any electronic, wireless or broadband means, now known or hereafter devised, electronically publish and synchronize with visual images, electrically transcript, your content and Materials. This license applies to any and all content of any sort submitted or in any way posted under the terms in effect at the time of the submission.

  4. Rights to Post Content: You hereby warrant that you are of legal age to enter into contracts and have all rights, approvals and/or consents necessary to submit the Material on the terms provided herein. You also guarantee that no permission is required from any other individual or company for us to use the Material and other rights provided herein.

  5. Original Submissions: You further guarantee to the Company that the video, text, compositions, recordings, lyrics and other materials contained in the Material are original, created only by you and do not contain any "samples" or excerpts from the material of others and do not otherwise infringe on the rights of any other individuals or companies.

  6. Legal Materials: You acknowledge that Saskweddings Online Inc. (Saskweddings.com) is a community site and you guarantee that the Material does not and will not violate any laws or be defamatory, libelous, pornographic or obscene.

  7. Non-Harmful Submissions: You guarantee to the Company that the Material will not contain any "viruses" or other information which may damage or otherwise interfere with the Company computer systems or data or that of our customers. You shall be fully responsible for any violation of your agreements including the guarantees made to the Company under this paragraph and you shall indemnify us and our customers from any damages and costs, including reasonable attorney’s fees, arising from your breach. You shall sign and deliver to the Company any additional documents that the Company may request to confirm the Company rights under this agreement.

  8. Rights to Use for Promotional Purposes: The Company shall also have the right to use the Material for the purpose of promoting the Company products and services and to use the name, likeness and biographical material and any logos, marks or trade names of you or any individuals performing or otherwise represented in the Material or the artist or artists included or referred to in the Material without any payment to you or any other persons or companies. For the purposes of promotion via any potential webcasting partners, the Company shall have the right to waive, on your behalf, any performance royalties on the Material.

13. Copyright Issues: The Company respects the intellectual property of others and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on our web site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

  1. An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.

  2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

  3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example, the the Company URL (i.e., web page address) where it is posted or the name of the book in which it has been published.

  4. Identification of the URL or other specific location on the Site where the material you claim is infringing is located, including enough information to allow us to locate the material.

  5. Your name, address, telephone number and electronic mail address.

  6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the author's behalf.

14. Privacy: See the Company Privacy Policy for more information about how your information (including information that will not be publicly viewable) will and will not be used.


15. Indemnity: You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, officers, directors, employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), arising out of or relating to your use of the Site.


16. Representations & Warranties:

Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

YOUR USE OF OUR WEB SITE IS AT YOUR OWN RISK. OUR WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM 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.

WE MAKE NO WARRANTY THAT (i) OUR WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM OUR SITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OUR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. the Company AND ITS CONTENT PROVIDERS ARE NOT GIVING LEGAL OR OTHER PROFESSIONAL ADVICE.

Limitation on Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, including but not limited to reliance on information obtained on the Site, mistakes, omissions, interruptions, deletion of files or electronic mail, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to the Company records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT the Company IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM the Company OR ITS SUBSIDIARIES AND AFFILIATES.


17. Exclusions and Limitations: 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 may not apply to you.


18. Warning against Hackers: It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Site, you assume the risk of such occurrences.


19. Additional Terms: This Site contains other terms and conditions, which you agree to observe and follow.


20. Miscellaneous Terms: By accessing the Site, you agree that the laws of the Province of Saskatchewan, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or its affiliates. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

 

Last Updated: July 2, 2013


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