TERMS and CONDITIONS
OF USE
(Upstate Wedding Malls)
This Internet website is provided by UpstateWeddingMalls Inc. and its affiliates
with participating partners. By using this website, you agree to be bound to the
following Terms and Conditions, as well as the Terms and Conditions of our partners,
including , Bride's Magazine and others. Please be aware that UpstateWeddingMalls.com
may revise these Terms and Conditions from time to time by updating this posting.
Such revised Terms and Conditions will take effect as of the date of posting.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS SITE,
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Use of Materials
on this Website
UpstateWeddingMalls maintains this website for your personal
entertainment, information, education, and communication. You should assume that
everything you see or read on the website (such as images, photographs, illustrations,
texts and other materials) ("Content") is the property of UpstateWeddingMalls
and its licensors and partners. Without UpstateWeddingMall's prior written permission,
you may not sell, reproduce, distribute, modify, display, publicly perform, prepare
derivative works based on, repost or otherwise use any of our Content in any way
for any purpose, including using our Content on any other website or in a networked
computer environment. However, you may electronically copy or print pages from
this website for personal, non-commercial use, provided that you include a copyright
notice on each page.
Your Submissions
UpstateWeddingMalls
likes to hear from you. Any creative or original materials or any other creative
suggestions, text, software, music, sound, photographs, graphics, videos, messages,
ideas, notes, drawings, concepts, marketing plans or other information that you
submit to us by electronic mail or otherwise, will be treated in accordance with
these Terms and Conditions and our, which is incorporated herein by reference.
By submitting and/or posting Content to the website, you automatically
grant to UpstateWeddingMalls a royalty-free, perpetual, irrevocable, non-exclusive
and fully sublicensable right and license to use, reproduce, modify, adapt, publish,
edit, translate, distribute, perform, create derivative work of and display such
Content alone, or as a part of other works in any form, media, or technology,
whether now known or hereafter developed. Any Content you transmit or post may
be used by UpstateWeddingMalls or licensed to others by UpstateWeddingMalls for
any purpose, including but not limited to reproduction, disclosure, transmission,
publication, broadcast and posting.
As a user, you are responsible for
your own Content and are responsible for the consequences of your posting such
Content. You must not do the following things: post materials that are copyrighted,
unless you are a copyright owner or have the permission of the copyright owner
to post it; post material that violates any law or infringes on any other intellectual
property rights of others or on the privacy or publicity rights of others; post
material that is obscene, defamatory, threatening, harassing, abusive, hateful,
or embarrassing to another user or any other person or entity; post a sexually-explicit
image; post or transmit any advertisements, promotional materials, "junk mail,"
"spam," chain letters, pyramid schemes or any form of solicitation; impersonate
another person or misrepresent your affiliation with any person or organization;
access the website to obtain a list of users of the website; access or use any
secure or non-public areas of the website without authorization; or frame or link
to the website. UpstateWeddingMalls does not represent or guarantee the truthfulness,
accuracy, or reliability of any Content posted by other users or endorse any opinions
expressed by users. You acknowledge that any reliance on material posted by other
users will be at your own risk. UpstateWeddingMalls does not screen communications
in advance and is not responsible for screening or monitoring material posted
by users. If UpstateWeddingMalls becomes aware of any communication that allegedly
does not conform to these Terms and Conditions, UpstateWeddingMalls may investigate
the communication and determine in good faith in its sole discretion whether to
remove or request the removal of the communication. UpstateWeddingMalls has no
liability or responsibility to you for performance or nonperformance of such activities.
UpstateWeddingMalls reserves the right to remove Content, expel users and prevent
their further access to the website for violating these Terms and Conditions or
the law.
Disclaimer
Your use of this website is at your
risk. UpstateWeddingMalls does not warrant or represent that our Content is accurate,
error-free, truthful or reliable or that your use of such material will not infringe
rights of third parties. UpstateWeddingMalls does not warrant that the functional
aspects of the website will be error free or that this website or the server that
makes it available are free of viruses or other harmful components. If you have
a bridal registry on our site, you should check our registry periodically to ensure
that it remains accurate and up-to-date. UpstateWeddingMalls reserves the right
to correct any errors on this website, including pricing errors (in which case
you will be given the option to cancel your order). If your use of this website
or our Content results in the need for servicing or replacing property, material,
equipment or data, UpstateWeddingMalls is not responsible for those costs. Without
limiting the foregoing, everything on our website is provided to you "AS IS" AND
"AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. UpstateWeddingMall MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON
THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO
BE OBTAINED FROM USING THE WEBSITE. UpstateWeddingMalls does not make any representation
about the quality of any product, services, information or other material purchased
or obtained by you via use of this website. Please note that some jurisdictions
may not allow the exclusion of implied warranties. As a result, some of the above
exclusions may not apply to you.
Limitation of Liability
NEITHER UpstateWeddingMalls NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR
INABILITY TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UpstateWeddingMalls.COM IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions
may not allow the exclusion or limitation of liability for consequential or incidental
damages. As a result, some of the above exclusions may not apply to you.
Links
UpstateWeddingMalls has not reviewed all of the sites linked
to this website and is not responsible for the availability, content or accuracy
of any pages or other sites linked via this website. The inclusion of any link
to such sites does not imply endorsement by UpstateWeddingMalls of these sites.
Your linking to any other pages or sites is at your own risk. You agree that UpstateWeddingMalls
will not be liable for any loss or damages you or any third party may suffer in
connection with third party pages or sites. We encourage you to read the privacy
statements of all such sites, as their policies may be materially different from
our.
Termination
You agree that UpstateWeddingMalls may
terminate your use of this website if it believes that you have violated or acted
inconsistently with the letter or spirit of these Terms and Conditions, violated
the rights of UpstateWeddingMalls or any third party, or for any reason with or
without notice to you. You agree that UpstateWeddingMalls may modify or discontinue
this website, with or without notice to you. Upstate Wedding Malls reserves the
right to remove a vendor should the management of the Upstate Wedding Malls feels
if the vendor is practicing unethical business and/or if a vendor forwards any
email sent to a vendor by Upstate Wedding Malls (weddingmalls@aol.com) to a third
person(s) by email, hand delivery or any other manner. Should the Upstate Wedding
Malls remove a vendor, it reserves the right to remove any and/or all webpages
that the Upstate Wedding Malls is hosting without notince to the vendor. The Upstate
Wedding Malls is not liable to you or any third party as a result of such modification
or discontinuation. The provisions entitled "Use of Materials on this Website,"
"Your Submissions," "Disclaimer," "Limitation of Liability," "General Provisions,"
"Indemnity," "Trademarks" and "Copyright" will survive termination of this Agreement
to use our website.
General Provisions
UpstateWeddingMalls
controls and operates this website from its headquarters in Greenville, South
Carolina, United States of America, and makes no representation that the material
on the website is appropriate or available for use in other locations. If you
use this website from other locations, you do so at your own risk and are responsible
for compliance with applicable local laws, keeping in mind that access to our
Content may not be legal by certain persons or in certain countries. If any portion
of these Terms and Conditions is held to be unenforceable, the unenforceable portion
shall be construed in accordance with applicable law to the greatest extent possible
and the remainder of the provisions shall remain in full force and effect. Any
cause of action you may have with respect to this website must be commenced within
one year after the claim or cause of action arises or such claim or cause of action
is barred. These terms will be governed by and construed in accordance with the
laws of the State of South Carolina, United States of America, without regard
to its conflicts of law provisions. Any legal action or proceeding relating to
your access to, or use of, this website or our Content will be instituted in a
state or federal court in Greenville County, South Carolina, and you hereby agree
to submit to the personal jurisdiction of such courts.
Indemnity
You agree to defend, indemnify, and hold harmless UpstateWeddingMalls, its
officers, directors, employees and agents, from and against any claims, actions
or demands, including without limitation reasonable legal and accounting fees,
arising from your use of this website or our Content or your breach of these Terms
and Conditions. UpstateWeddingMalls shall provide notice to you promptly of any
such claim, suit, or proceeding and shall assist you, at your expense, in defending
any such claim, suit or proceeding.
Trademarks
The trademarks,
logos, and service marks (collectively the "Trademarks") displayed on this website
are registered and unregistered trademarks of UpstateWeddingMalls and others.
Nothing contained on this website should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark displayed on
this website without the written permission of UpstateWeddingMall or such third
party that may own the Trademarks displayed on this website. Should your request
and pay for the Upstate Wedding Malls to build you a webpage, the web page belongs
to and is the property of the Upstate Wedding Malls. The Upstate Weding Malls
reserves the right to refuse you "the vendor" to use the web page should
the vendor no longer be a vendor of the Upstate Wedding Malls. Any Domain aquired
by the management of the Upstate Wedding Malls, shall be the property of the Upstate
Wedding Malls. If a vendor pays a service fee, they "the vendor" acknowledge
that they waive their right to ownership of the said domain.Misuse of the Trademarks
displayed on this website, or any other Content on this website, except as provided
herein, is strictly prohibited.
Copyright
All Content included
on this website, such as text, graphics, logos, button icons, images, audio clips
and software, is the property of UpstateWeddingMalls or its Content suppliers
and protected by U.S. and international copyright laws. The compilation (meaning
the collection, arrangement and assembly) of all Content on this website is the
exclusive property of UpstateWeddingMalls and protected by U.S. and international
copyright laws. All software used on this website is the property of UpstateWeddingMalls
or its software suppliers and protected by U.S. and international copyright laws.
The reproduction, modification, distribution, transmission, republication, display
or performance, of the Content on this website is strictly prohibited.