Wedding Words
@WeddingWords.biz

Terms & Conditions

General

The following terms and conditions constitute the entire agreement ("Agreement") between you and BMservices, owner of the website at http://weddingwords.biz ("WeddingWords.biz").

"You" or "you" means the party listed on the online form ("Form") you completed and submitted at WeddingWords.biz. By completing and submitting said Form at WeddingWords.biz you certify and represent all of the following:

• That you have the authority to enter this Agreement on behalf of the party whose information you entered on the Form;
• That you are 18 years of age or older;
• That you are legally authorized and competent to enter into binding contracts and agreements in the United Kingdom;
• That you are authorized to act on behalf of, and bind to this Agreement, any party for which you enter into this Agreement, complete the Form and place an order, and;
• That you acknowledge and agree to all of the terms of this Agreement.

Description and Use of Service and Fees

All information posted by you on WeddingWords.biz, including but not limited to the word and/or phrase you select or submit as your selection; the URL web address to a website or blog of your choice on the Internet; and the content of said website or blog; shall be considered advertising (collectively, your "Ad") and is your sole responsibility.

BMservices does not control the content of your Ad and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will we be liable in any way for any Ad, including, but not limited to, any errors, misspellings or omissions in any Ad, or for any loss or damage of any kind incurred as a result of the use of any Ad posted or otherwise made available via links from WeddingWords.biz.

Fees:

This is a fee-based service. The fees for consideration of posting your Ad on WeddingWords.biz are NON-REFUNDABLE. Additionally, your fees will NOT BE REFUNDED should we remove your Ad from WeddingWords.biz because you have modified it in such a way that it violates our standards, as set forth in the section of this Agreement titled "Standards." You waive all claims relating to fees unless claimed within 7 days after payment of said fees (this does not affect your credit card issuer rights).

The fees for placing your Ad on this site are listed on the same page as the Form. These fees are subject to change at any time without notice other than that posted on this website. Your order will be honoured at the price in effect at the time your order is placed.

Fees are exclusive of taxes. You are responsible for paying all taxes and government charges.

The Service:

The sole obligation of BMservices under this Agreement is to display your Ad for as long as WeddingWords.biz is available on the Internet or until December 2008, whichever is the soonest.

We make no representations or warranties as to the amount of viewer impressions your Ad will receive, nor the number of click-throughs or amount of traffic driven to your website or blog from WeddingWords.biz. All Ads must conform to the standards set forth in the section of this Agreement titled "Standards."

In placing an order and making your Ad available on WeddingWords.biz, you certify and agree that you hold, and grant to BMservices, all rights to copy, distribute and display your Ad. Notwithstanding the previous provision, you retain all ownership interest in and title to your Ad and the information contained therein.

BMservices reserves the right to modify or change the overall format of WeddingWords.biz and this Agreement at any time without liability and without notice to you, with the provision that: your Ad will continue to be displayed for as long as is stated previously in this section, and; as long as your Ad conforms to our standards, as set forth in the section of this Agreement titled "Standards."

You agree that BMservices shall not be liable to you or to any third party for any modification or temporary suspension of WeddingWords.biz.

You further agree that you do not own any part of BMservices or WeddingWords.biz.

You also understand and agree that as part of your registration at WeddingWords.biz you may, from time to time, receive certain administrative messages necessary for the proper administration of the site. You may not opt out of receiving these messages. In consideration of this provision, you will not receive commercial messages or solicitations of any kind from BMservices, unless you specifically opt in to such messages which may be made available elsewhere on this website.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. Additionally, BMservices agrees not to sell, transfer or in any other way make your information (to include your e-mail address) available to any third parties unless part of an investigation by law enforcement authorities, or ordered to by a court. Notwithstanding this provision, BMservices will not be liable if your information becomes available to third parties in the event of theft or other circumstances beyond our control.

Standards

The website at WeddingWords.biz is a open access website, meaning children are able to view it. As such, BMservices reserves the right to refuse:

• your Ad and payment if your order has not yet been confirmed, or;
• your Ad WITHOUT REFUND OF YOUR PAYMENT OR NOTICE if your order has been confirmed and payment already accepted;

if in our sole discretion your Ad (to include the website or blog you link to from WeddingWords.biz) includes any of the following:

• Content that is unlawful, offensive, harmful, tasteless, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, immoral, illegal, invasive of a third party's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or nondisclosure agreement);
• Content that infringes on any third party's trademark, trade secret, patent, copyright or other proprietary or intellectual property rights;
• Content that may harm minors in any way;
• Content that makes you appear to be another entity, or which falsely states or otherwise misrepresents your affiliation with a third party;
• Content where any identifying information has been falsified, forged or manipulated in such a way as to disguise the origin of any content you transmit or otherwise make available through the WeddingWords.biz website, including but not limited to refresh or redirect pages;
• Pornographic or adult content;
• Content that contains malicious software including, but not limited to, viruses, spyware, malware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or cause the theft of information from any third party;
• Content that would interfere with or disrupt the WeddingWords.biz website, or servers or networks connected to the WeddingWords.biz website, or disobey any requirements, procedures, policies or regulations of networks connected to the WeddingWords.biz website;
• Content that intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, any rules and regulations having the force of law;
• Content that provides material support or resources (or which conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated criminal or terrorist;
• Content that contains illegal material, or advocates illegal behaviour or violence;
• Content that promotes or links to warez, hacking, cracking, or spam/bulk e-mail websites or information, or;
• Content that could be construed as stalking or otherwise harassing to a third party, or;
• Content that encourages others to engage in any of the activities listed above.

Violations:

In the event that your Ad is rejected prior to our acceptance of your payment, you will have the option to submit new Ad material within seven (7) calendar days of our rejection. Otherwise, your order will be rejected and your payment will not be accepted by us.

Furthermore, if after your Ad and payment have been accepted, you should change the website your Ad links to such that it is in violation of our standards as listed above, your Ad in violation will immediately be removed from WeddingWords.biz, and you will be given seven (7) calendar days from the day we notify you that you are in violation, to provide acceptable Ad material. If you do not provide acceptable Ad material during that time period, you will be considered in material breach of this Agreement and you will not be allowed to replace your Ad, and you WILL NOT RECEIVE A REFUND OF YOUR PAYMENT.

Notwithstanding the above, you acknowledge that we may or may not pre-screen your Ad, but that we retain the right (but not the obligation) in our sole discretion to pre-screen or reject any Ads that are made available via WeddingWords.biz. Additionally, we may choose to extend the seven-day deadline noted above at our sole discretion, without losing our rights to remove any Ad we deem to be in violation of our standards. Without limiting the foregoing, we shall have the right to remove any Ads that violate this Agreement or are otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Ad.

Privacy, Deleting and Modifying Your Ad

You understand that the technical processing and transmission of the WeddingWords.biz website, including your Ad, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.

As previously noted in the section of this Agreement titled "Description and Use of Service and Fees," BMservices will not rent, sell, or share personal information about you with a third party except as required to by law.

At this time, WeddingWords.biz does not allow you to change the content of your ad, unless you must do so for legal reasons (including, but not limited to, copyright infringement, name change due to court order, etc.). When entering your information on our Form, please be sure to review it carefully before clicking the "Purchase Now!" button. Once you have clicked "Purchase Now!" we have no responsibility to change your Ad.

In the event you wish to delete your Ad, you can request for us to do so by e-mail using our published contact details . However, in doing so, please note that your Ad will be removed permanently from WeddingWords.biz and your fees will NOT BE REFUNDED.

Resale, Leasing, Transfer, Assignment or Reassignment of Service and/or Account, Third-Party Beneficiaries Prohibited

You agree not to reproduce, duplicate, copy, sell, trade, transfer, rent, lease, sublet, resell, assign, or reassign any portion of the WeddingWords.biz website (including, but not limited to, renting, leasing or otherwise reassigning your Ad[s]), use of our service or access to our service to any third party. Additionally, you agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Disclaimer and Limitation of Liability

BMservices DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.

BMservices disclaims all guarantees regarding the levels or timing of: click through rates; delivery of any impressions; clicks; or conversions for any Ads.

EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND YOUR BREACHES OF THE SECTION OF THIS AGREEMENT TITLED "STANDARDS," TO THE FULLEST EXTENT PERMITTED BY LAW: NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO BMservices BY YOU FOR THE AD GIVING RISE TO THE CLAIM. Neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster (including, but not limited to, earthquakes, hurricanes and the like), labour conditions and power failures.

Indemnification

You agree to indemnify and defend BMservices, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from any claim, liability or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Ad, your use of WeddingWords.biz, your connection to our service, your violation of this Agreement, or your violation of any rights of a third party.

Miscellaneous

This Agreement shall be governed by United Kingdom law. This Agreement constitutes the entire agreement between BMservices and you with respect to the subject matter hereof. Any notices to BMservices must be sent to the postal address on our publishes contact details via mail requiring a delivery signature, and are deemed given upon receipt. Notice to you may be effected by sending email to the email address specified in your Account and is deemed received when sent. If any provision of this Agreement is found to be unenforceable, then any remaining provisions of the Agreement will remain in full effect. You may not assign any of your rights under this Agreement, and any such attempt is void. BMservices and you are not legal partners or agents, but are independent contractors.

Posted 24 Dec, 2006