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| 1. ACCEPTANCE OF TERMS Welcome to Marrymeinsandiego. We provide a service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version of
the TOS at any time at: http://www.marrymeinsandiego.com/terms.shtml. In addition, when using
particular Marrymeinsandiego services, you and Marrymeinsandiego shall be subject to any posted
guidelines or rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS. 2. DESCRIPTION OF SERVICE Marrymeinsandiego currently provides users with access to a rich collection of wedding specific resources, including, bulletin boards, information services, personalized content through its site (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Marrymeinsandiego to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Marrymeinsandiego web pages and affilliated sites, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Marrymeinsandiego assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. 3. Marrymeinsandiego PRIVACY POLICY Registration Data and certain other information about you is subject to
our Privacy Policy. For more information, see our full privacy
policy at http://www.Marrymeinsandiego.com/privacy.shtml/. 4. MEMBER ACCOUNT, PASSWORD AND SECURITY You designate your own password and account login during the
Service's mywedding registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify Marrymeinsandiego of any unauthorized use of your password or
account or any other breach of security. Marrymeinsandiego cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section 5. 5. MEMBER CONDUCT You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This
means that you, and not Marrymeinsandiego, are entirely responsible for all Content
that you post, email, transmit or otherwise make available via the Service. Marrymeinsandiego
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will Marrymeinsandiego
be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service. You agree to not use the Service to:
You acknowledge that Marrymeinsandiego does not pre-screen content, but that Marrymeinsandiego
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, Marrymeinsandiego and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by Marrymeinsandiego or
submitted to Marrymeinsandiego, including without limitation information in Marrymeinsandiego Message Boards and in all other parts of the Service. You acknowledge and agree that Marrymeinsandiego may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Marrymeinsandiego, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. 6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside. 7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE Marrymeinsandiego does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Marrymeinsandiego the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the Marrymeinsandiego that are intended by Marrymeinsandiego to be available to the general public. However, publicly accessible areas of the Service would not include portions of Marrymeinsandiego that are limited to members, Marrymeinsandiego services intended for private communication such as Mywedding or areas off of the Marrymeinsandiego web site such as portions of World Wide Web sites that are accessible through Marrymeinsandiego links to vendors sites but are not hosted or served by Marrymeinsandiego. 8. INDEMNITY You agree to indemnify and hold Marrymeinsandiego, and its subsidiaries,
affiliates, officers, agents or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of content
you submit, post, transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or
your violation of any rights of another. 9. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service. 10. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Marrymeinsandiego may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that message board postings will be retained by the Service. You agree that Marrymeinsandiego has no responsibility or liability for the deletion or failure to store any message board postings or other content maintained or transmitted by the Service.
You acknowledge that Marrymeinsandiego reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
Marrymeinsandiego reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice. 11. MODIFICATIONS TO SERVICE Marrymeinsandiego reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Marrymeinsandiego shall not be liable to you or
to any third party for any modification, suspension or discontinuance of
the Service. 12. TERMINATION You agree that Marrymeinsandiego, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove
and discard any content within the Service, for any reason, including,
without limitation, for lack of use or if Marrymeinsandiego believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
Marrymeinsandiego may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under any
provision of this TOS may be effected without prior notice, and
acknowledge and agree that Marrymeinsandiego may immediately deactivate or delete your
account and all related information and files in your account and/or bar
any further access to such files or the Service. Further, you agree that
Marrymeinsandiego shall not be liable to you or any third-party for any termination of
your access to the Service. 13. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
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 advertiser. You agree that Marrymeinsandiego shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Service. 14. LINKS The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Marrymeinsandiego has no control over such
sites and resources, you acknowledge and agree that Marrymeinsandiego is not
responsible for the availability of such external 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. You further acknowledge and agree that Marrymeinsandiego 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
site or resource. 15. Marrymeinsandiego'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by Marrymeinsandiego or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part. Marrymeinsandiego grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. 16. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
17. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARRYMEINSANDIEGO SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARRYMEINSANDIEGO HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE. 18. 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 OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU. 19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing
purposes. Marrymeinsandiego shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made available
via the Service, and shall not be responsible or liable for any trading or
investment decisions made based on such information. 20. NOTICE Notices to you may be made via email. The
Service may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
21. COPYRIGHTS and COPYRIGHT AGENTS Marrymeinsandiego respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Marrymeinsandiego the following information:
Marrymeinsandiego contact for Notice of claims of copyright or other intellectual property infringement can be reached as follows: 22. GENERAL INFORMATION The TOS constitute the entire agreement between you and Marrymeinsandiego and
govern your use of the Service, superceding any prior agreements between
you and Marrymeinsandiego. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and Marrymeinsandiego
shall be governed by the laws of the State of California without regard to
its conflict of law provisions. You and Marrymeinsandiego agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of San Diego, California. The failure of Marrymeinsandiego to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no
legal or contractual effect. Please report any violations of the TOS to our Customer Service Dept.
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