Terms and Conditions of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU PROCEED WITH ACCESSING BESTWEDDINGTHEMES.COM. BY ACCESSING BESTWEDDINGTHEMES.COM, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU READ AND UNDERSTOOD THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT (THE “AGREEMENT”) GOVERNING YOUR USE OF BESTWEDDINGTHEMES.COM’S WEBSITE AND SERVICES AND AGREED TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST ABORT AND MAY NOT ACCESS BESTWEDDINGTHEMES.COM.
1. The Services
2. Grant of License
BESTWEDDINGTHEMES.COM grants you a limited, non-exclusive, non-transferable, revocable license, without right to sub-license, to access and use the Services, solely for your own personal purposes, subject to the terms and condition of this Agreement. All rights not expressly granted herein are reserved by BESTWEDDINGTHEMES.COM.
BESTWEDDINGTHEMES.COM alone shall own all rights, title and interest evidenced by, embodied in, and/or attached/connected/related to the Services, including, but not limited to, all related Intellectual Property Rights in and to the Services, the Content, BESTWEDDINGTHEMES.COM Technology and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. The BESTWEDDINGTHEMES.COM’s & Best Wedding Themes name, trade marks, service marks, BESTWEDDINGTHEMES.COM’s logos, and the product names associated with the Services are trademarks and/or service marks and/or trade names owned by BESTWEDDINGTHEMES.COM or third parties who licensed their rights to BESTWEDDINGTHEMES.COM, and no right or license is granted hereunder to use them.
Unless otherwise expressly permitted in this Agreement, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, modify or create derivative works of any of the Services, which are subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, other than expressly permitted in this Agreement.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of BESTWEDDINGTHEMES.COM’s trademarks, service marks and logos.
You must avoid any action or omission which may dilute, or tarnish BESTWEDDINGTHEMES.COM’s goodwill.
You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the Content. You agree to retain and avoid distorting such signs and notices in any copy thereof.
We do not claim ownership over all content, such as text and images that are displayed on BESTWEDDINGTHEMES.COM. However, when you send content to WEDDINGFORWRD.COM, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to post and use such content on the Internet, in accordance with these terms. Without derogating the foregoing, BESTWEDDINGTHEMES.COM does not endorse or assume any responsibility with respect to content submitted and marked improperly.
Nothing in this Agreement constitutes a waiver of BESTWEDDINGTHEMES.COM’s Intellectual Property Rights under any law. Use of the Services in violation of the limited license granted hereunder will result in the termination of this license and may expose you to claims for damages. You agree to take all necessary steps to prevent any unauthorized disclosure or use of the Services, or any part thereof, by others.
Under conditions of this agreement you are prohibited to:
4.1 Sell, resell, transfer, assign, copy, distribute, market, sublicense or otherwise commercially exploit the Services or make them available to any third party in any way;
4.2 Display publicly, decompile, disassemble, reduce to human readable form, execute publicly, adapt, process, compile, translate, lend, rent, reverse engineer or combine any of the Services with other services;
4.3 Interfere in any manner with the functionality of the Services or use the Services in any way that breaches any code of conduct, policy or other notice applicable to the Services;
4.4 Copy any ideas, features, functions or graphics of the Services or any Content;
4.5 Use the Services for commercial purposes; including but not limited to, sending commercial email solicitation or advertisements, or any unsolicited bulk e-mail or unsolicited commercial e-mail or any activities that violate anti-spamming laws and regulations;
4.6 Modify, alter and create derivative works of any part of the Services, either by yourself or by a third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others, other than expressly permitted in this Agreement;
4.7 Remove or tamper with any trademark, logo, copyright or other intellectual property notice appearing on or contained within the Services, whether of BESTWEDDINGTHEMES.COM or any other third parties;
4.8 Otherwise use the Services not in compliance with the terms of this license.
5. Responsibilities and Acceptable Use of the Services
5.1 You are responsible for all of the acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf. You will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You will generally, comply with any instructions concerning access to and/or use of the Services that BESTWEDDINGTHEMES.COM may offer from time to time;
5.2 You specifically agree not to, in any way:
(i) access (or attempt to access) the Service by any unauthorized or automated means, other than through the interface that is provided by BESTWEDDINGTHEMES.COM;
(ii) breach this Agreement or any other applicable rules and instructions that we may convey with respect to the use of the Services;
(iii) interfere with or disrupt the integrity or damage the performance of the Services or any other computer system or network or circumvent or manipulate the operation, or functionality of the Services, including any hosting services provided by third parties to facilitate the Services;
(iv) engage with any activities that violate anti-spamming laws and regulation, including the CAN SPAM Act of 2003;
(v) post false, inaccurate, or misleading content or content which is not compatible with the defined topics, or with the rules of behavior, in any of the Services;
(vi) use robots, crawlers and similar applications to collect and compile Content from the Services, for the purposes of competing with the Services, or in such ways that might impair or disrupt the Services’ functionality;
(vii) impersonate any person or entity, or make any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
(viii) collect or process personal information of the Services’ users without their explicit consent;
(ix) post commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material;
(x) export illegally any controlled or restricted items, including software, algorithms, or other data that is subject to export laws;
(xi) engage with any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography;
(xii) violate the security or integrity of any network, computer or communications system, software application, or network or computing device involved in the Services;
(xiii) interfering with the proper functioning of any System, including deliberate attempt to overload a system by mail bombing, or flooding techniques;
(xiv) send, store, provide or link through the Services to any content or material that may reasonably be deemed as:
Infringing or violating intellectual property rights of other parties, including patents, copyrights and trademarks;
Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other Malicious Applications or any other similar software or programs that may damage the operation of the Services;
Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offence, under the applicable laws;
Constituting a violation of a person’s right for privacy or right of publicity;
Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
Unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
Should BESTWEDDINGTHEMES.COM become aware that you have violated section 5.2 above, BESTWEDDINGTHEMES.COM shall be entitled, at its own discretion, to remove the content in violation immediately, terminate your user account and/or notify the relevant authorities.
6. Privacy & Security
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. Our cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or e-mail address is. The “help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. In addition to the information that you share with us, this web site uses standard log files. These logs include Internet Protocol (IP) addresses, browser type, Internet service provider (ISP), and page information in order to administer our website, refine content and flow, and to gather broad demographic information for aggregate use.
This web site does not target and is not intended to attract children under the age of 13. BESTWEDDINGTHEMES.COM does not knowingly solicit personal information from children under the age of 13 and does not send them requests for personal information.
You shall be solely responsible for obtaining and maintaining all hardware, equipment and services needed for access to and use of the Services and all charges related thereto.
8. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the 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 third party. You agree that BESTWEDDINGTHEMES.COM shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
BESTWEDDINGTHEMES.COM may provide, or third parties may provide, links to non-BESTWEDDINGTHEMES.COM Internet Web sites or resources as a convenience to you (“Third-Party Sites”). Because BESTWEDDINGTHEMES.COM has no control over such sites and resources, you acknowledge and agree that BESTWEDDINGTHEMES.COM is not responsible for the availability of such Third-Party 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. Links to Third-Party Sites are not endorsements by BESTWEDDINGTHEMES.COM of such Third-Party Sites. You further acknowledge and agree that BESTWEDDINGTHEMES.COM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Site or resource.
10. Availability & Internet Delays
The availability and functionality of the Services depend on various factors and elements, including software, hardware and communication networks, and partially provided by third parties. These factors are not fault free. We do not warrant or guarantee that the Services will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
11. Term and Termination
BESTWEDDINGTHEMES.COM may terminate this Agreement, or terminate or suspend your access to the Services at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Services will immediately cease. You may discontinue your use of the Service for any reason and at any time. You may remove the configuration of the Service from your mobile phone. You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with the termination of the Services’ operations and loss of any data as a result.
12. Disclaimer of Warranties
THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN RELATION TO THE SERVICE OR THE CONTENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BESTWEDDINGTHEMES.COM (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS. WITHOUT DEROGATING FROM THE AFORESAID, BESTWEDDINGTHEMES.COM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, THE BESTWEDDINGTHEMES.COM TOOLS OR ANY CONTENT. BESTWEDDINGTHEMES.COM (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR THE BESTWEDDINGTHEMES.COM TOOLS WILL BE TIMELY, UNINTERRUPTED, UNSUSPENDED FOR UNSCHEDULED DOWNTIME OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES AND/OR THEIR QUALITY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (F) THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE IMMUNE FROM ANY INTERRUPTION OR SUSPENSION CAUSED BY FACTORS OUTSIDE OF BESTWEDDINGTHEMES.COM OR THE SERVERS’ OPERATORS’ REASONABLE CONTROL, INCLUDING ANY FORCE MAJEURE EVENT OR INTERNET ACCESS OR RELATED PROBLEMS, OR (G) THAT YOUR MOBILE DEVICE WILL BE COMPATIBLE WITH BESTWEDDINGTHEMES.COM’S SERVICES, OR (H) THAT THE DATA TRANSFERRED THROUGH THE SERVICES WILL ALWAYS BE COMPLETED, ARRIVED TIMELY AND WITHOUT ANY CHANGES.
13. Limitation of Liability
13.1. IN NO EVENT SHALL BESTWEDDINGTHEMES.COM BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF BESTWEDDINGTHEMES.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
You agree to indemnify, defend and hold harmless, BESTWEDDINGTHEMES.COM and its managers, directors, shareholders, employees, sub-contractors, agents, licensors and anyone acting on BESTWEDDINGTHEMES.COM’s behalf, at your own expense and immediately after receiving a written notice from us, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Services, the Content that you post through the Services, any communications that you convey through the Services, or your breach of this Agreement, or any other terms, rules or regulations applicable to the Services, or your violation, or infringement of other persons rights.
BESTWEDDINGTHEMES.COM may give you notice by means of a general notice on the Services or by electronic mail to your e-mail address on record in BESTWEDDINGTHEMES.COM’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after posting or 12 hours after sending by email. You may give notice to BESTWEDDINGTHEMES.COM (such notice shall be deemed given when received by BESTWEDDINGTHEMES.COM) at any time via BESTWEDDINGTHEMES.COM’s contact details as appear at BESTWEDDINGTHEMES.COM’s official Website, addressed to the attention of: Chief Executive Officer. We reserve the right to publish in public – including on the Website – any communications with you, as long as your personal details shall not be revealed without your prior consent.
16. Modification to Terms
BESTWEDDINGTHEMES.COM reserve the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time. Substantial changes will take effect 30 days after BESTWEDDINGTHEMES.COM has posted an initial notification on the Website homepage or any other relevant web pages on the Website, with respect to such changes. Other changes will take effect 7 days after their initial posting on the Website, unless we amend the Agreement to comply with legal requirements. In such cases the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in these terms of the Agreement, including changes to any and all documents, forms and policies incorporated thereto. Continued use of the Services after any such changes shall constitute your consent to such changes. If you do not agree with any of the amended terms, then you must avoid any further use of the Services. The date at the bottom of this Agreement indicates the last date that the Agreement was updated.
We advise you to periodically read the terms of this Agreement, as they may change from time to time.
17. Governing Law & Venue
This Agreement shall be exclusively governed by the laws of the Canada, without regard to the choice or conflicts of law provisions thereof, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of Canada. You agree to resolve any dispute or claim that you may have against BESTWEDDINGTHEMES.COM and to submit to personal jurisdiction in the exclusive jurisdiction of courts in the city of Toronto, Canada. This Agreement comprises the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the parties as a result of this Agreement or use of the Services. The failure of BESTWEDDINGTHEMES.COM to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BESTWEDDINGTHEMES.COM in writing. The section headings in the Agreement are included for convenience only and shall take no part in the interpretation, or construing of the Agreement. “Including”, whether capitalized or not, means without limitation. This Agreement may not be assigned by you without the prior written approval of BESTWEDDINGTHEMES.COM and any assignment without such prior written consent shall be void.
18. Entire Agreement
19. Changes in Ownership
We may incorporate BESTWEDDINGTHEMES.COM as a separate company or transfer ownerships rights and title in the Services, to a third party (whether by way of merger, sale of shares, sale of assets, license or otherwise), provided that your rights according to this Agreement are not infringed by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the corporation receiving the rights in the Services and you hereby give your prior consent thereto.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, shall survive the termination, or expiration of the Agreement.
21. Contact Information
All requests for further information should be directed to: info@BESTWEDDINGTHEMES.com
Last Updated: September 14th, 2019