Date of Last Update of these Terms and Conditions of Use: December 13, 2012
Here at WEDDINGBELLS Canada Inc. (“WEDDINGBELLS”) we are committed to fostering a helpful, friendly, and polite online community, through the WEDDINGBELLS.CA website, where members can openly discuss wedding planning, share ideas, express opinions and heed advice.
As with any online community there are a few basic rules that must be followed to ensure that your WEDDINGBELLS.CA experience is a positive one.
Please review this agreement carefully, as it governs your use of the WEDDINGBELLS.CA website located at www.weddingbells.ca (the “Website”), as well as your use of the chatrooms, message boards or other interactive areas or forums on the Website. It exempts WEDDINGBELLS and other persons from liability or limits their liability and contains other important provisions that you should read.
NOTICE AND ACCEPTANCE
This Website is provided to you subject to these Terms and Conditions of Use. By accessing or using this website, you acknowledge that you have read and understood, and agree to comply, accept and be bound by, these terms and conditions of use. if you do not agree to all of the Terms and Conditions of Use, do not use this Website.
This Website is owned and operated by St. Joseph Media Inc. (“SJM”). SJM reserves the right, to modify, alter or update these Terms and Conditions of Use, at any time and in its sole discretion, and you agree to be bound by such modifications, alterations or updates.
GENERAL TERMS AND CONDITIONS
Permitted Users and Access
The Website may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. WEDDINGBELLS reserves the right to terminate your membership in the event that it becomes aware that you have not reached the age of majority or legal age in your jurisdiction.
Use of Website Information
Modification of material or use of materials from the Website for any purpose other than your own personal, non-commercial home use is a violation of copyrights and other intellectual property rights. The use of any such material on any other website or networked computer is prohibited. Without the express written consent of WEDDINGBELLS, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from the Website.
Copyright © 2012, St. Joseph Media Inc. All rights reserved.
The trade-marks, logos and service marks that you see on this Website are registered and unregistered trade-marks of St. Joseph Media, Inc., or third parties who have licensed the use of such marks to SJM. Specifically, WEDDING BELLS and WEDDING BELLS & Design are registered trademarks of SJM. Nothing on this Website or elsewhere shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-marks displayed on this Website without the express, written permission of the owner of the mark.
All materials on this Website, including but not limited to images, illustrations, articles, tools, surveys, special promotions, are protected by intellectual property rights owned and controlled by SJM or its affiliates and subsidiaries, or by third parties who have licensed their material to SJM. Material from the Website or from any other website owned, operated, licensed or controlled by SJM may not be copied, downloaded, reproduced, altered, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of SJM or except as specifically permitted on this Website.
Your misuse of the marks displayed on this Website or any other content on this Website is strictly prohibited.
Rights to User Content and/or Unsolicited Submissions Generally
If you post, distribute or send Submissions to SJM or the Web Site, you automatically grant (or warrant that the owner of the Submissions grants) to SJM and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of SJM or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of SJM and its assigns.
Submissions by users will be considered non-confidential and SJM is under no obligation to treat same as proprietary information. Without limiting the foregoing, SJM reserves the right to use the Submissions as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. SJM is under no obligation to offer you any payment for Submissions that you submit or the opportunity to edit, delete or otherwise modify the Submissions once it has been submitted to SJM. SJM shall have no duty to attribute authorship of the Submissions to you, and shall not be obligated to enforce any form of attribution by third parties.
SJM receives unsolicited materials from time to time, including promotional items and images, letters to the editor and press releases. SJM, its affiliates and assignees may use, reproduce, publish, re-publish, distribute, store and archive such submissions in whole or in part in any form or medium whatsoever, without compensation of any sort. This statement does not apply to materials/pitches submitted by freelance writers, photographers or illustrators in accordance with known industry practices.
Use of Website, Including Use of Chatrooms and Other Interactive Areas
Your use of the Website and chatrooms, message boards and other interactive areas or forums (“Interactive Areas”) are strictly governed by a set of community rules as set out below in these Terms and Conditions of Use. By using this Website and posting on any of the Interactive Areas, you are in agreement that you accept the community rules as part of these Terms and Conditions of Use of the Website.
Neither SJM, or any of its affiliates or subsidiaries, including WEDDINGBELLS, shall be responsible for any material posted on our current or future Interactive Areas. You agree to maintain a friendly tone and be respectful when posting topics or replying to threads in every post you make. The Interactive Areas on the Website are meant to be inviting and pleasant places, where members feel welcomed. In using the Website, you further agree not to engage in any acts or submit any content which: (a) libels, defames, invades privacy or is obscene, vulgar, pornographic, profane, indecent, abusive or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to, violating any person’s copyrights or trade-marks; (c) violates any law or advocates or encourages conduct that would constitute a criminal offence, giving rise to civil liability, or otherwise violates any local, provincial or federal law; (d) uses any automated means to access the site or collect any information from the site; (e) uses programs, cookies, web bugs or tracking technologies; (f) collects any personal information about users through the Website, including, but not limited to, their username or password; (g) publishes or uses files or processes that pose a threat to the proper technical operation of the system or to the security of other Members; (h) customizes the Website in a way that adversely affects the display of any advertising or promotional links on the Website; (i) requests search engines to crawl or index any portion of the Website; (j) speaks on behalf of SJM or WEDDING BELLS describing yourself as an employee of same; (k) includes contact or personal information about another individual without their permission; (l) harasses another Member; (m) advertises or otherwise solicits funds, goods or services; or (n) contains harmful content, including a virus, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Neither SJM, or any of its affiliates or subsidiaries, including WEDDINGBELLS, have an obligation to monitor the Interactive Areas.
However, SJM and any of its affiliates or subsidiaries reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, and further reserves the right to edit, refuse to post, or to remove any information or materials, in whole or in part, that SJM, or its affiliates or subsidiaries, in their sole discretion, deems objectionable or in violation of these Terms and Conditions of Use, including, without limitation, posts, information or materials that contain:
- comments that flame someone for his or her opinions. We all think differently and may not agree with others opinions. If you disagree with someone, please agree to disagree – nicely. Do not get personal with someone regarding an opinion that you may not agree with. Name-calling and insulting of other posters is not permitted. Please remember in your replies to follow the golden rule of posting: “If you wouldn’t say it to them in person, don’t say it here!”;
- racial or ethnic slurs, sexism, slander and bad/offensive language. If you see language or read a post that you consider personally offensive, please report it to firstname.lastname@example.org . Please everyone, let’s work together to keep it clean and friendly!
- issues/scandals/drama that happen within un-related chatroom, message board or online communities or forums (“Other Interactive Areas”). WEDDINGBELLS recognizes that many of its Members may have and employ active memberships within such Other Interactive Areas, and we fully respect a Member’s right to do so. However, we request that any issues/scandals/drama that may be happening within these Other Interactive Areas remain where they are.
- hyperlinking, linking or uploading of illegal content or content that WEDDINGBELLS deems, in its sole discretion, to be disruptive, harmful or otherwise to WEDDINGBELLS and/or its Members, including but not limited to materials relating to:
- pornography or strongly sexually suggestive material
- illegal drugs and drug use
- committing crimes or making weapons or explosives
- pirated software, music, or other media, including modern commercial game emulation, file sharing networks and ways of circumventing copy protection.
- voicing your personal grievances. If there is an instance where a Member is causing problems or doing something inappropriate on a topic or post, please do not respond to the post. This just bumps it back up to the top of the board and draws more attention to it. Instead, please email email@example.com and we will quickly do what we can to resolve the matter at hand.
- spam, or spam-related activities. Please do not spam.
- vendor-related concerns and complaints. This online forum was primarily created to connect engaged couples in the Canadian wedding community to share experiences, express opinions and heed advice. Occasionally, members post topics regarding personal experiences they have encountered with vendors in their local community. WEDDINGBELLS.CA is not responsible for ANY comments made by members with regard to services rendered – either positive or negative. We discourage participating in conversations that can adversely affect the livelihood of wedding professionals when you have not had the direct experience yourself (in other words…no hearsay). If a comment is posted in any Interactive Areas by a Member that is subject to question by the vendor, WEDDINGBELLS.CA reserves the right to remove the post if requested to do so, by either the vendor or its legal counsel.
- materials that infringe intellectual property or other rights of an entity or person. SJM is not in a position to arbitrate any copyright, trade-mark or other intellectual property or other disputes between the advertisers or users of the Website and the owners of such intellectual property, or other parties to the dispute. SJM encourages you to resolve your dispute directly with the advertiser or other party. Moreover, SJM does not control nor does it assume responsibility for content that appears on a third party’s website that may be accessed through the Website. You should contact third party sites to resolve all disputes.
SJM further reserve the right at all times to revoke posting privileges by a Member if such a Member engages in further offences.
SJM does not take any responsibility, nor does it assume any liability for any content contained on the Website, whether posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor shall SJM be, in any way, liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you may encounter.
The opinions expressed in the Interactive Areas do not necessarily reflect the opinions of SJM, WEDDING BELLS or their employees. SJM shall not be held responsible for any opinions expressed on the Website, nor can it be held responsible for the personal safety of its visitors.
Links to Third Party Web Sites, etc.
The Website, and all content, materials, information, software, products and services provided on the Website, are provided on an “as is” basis and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SJM disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, with respect to the Website and any website with which the Website is linked. SJM does not warrant or make any representations that: (a) the functions, information or links contained on the Website or that its contents will meet your requirements; (b) the Website or its contents are fit for any particular purpose; (c) the Website (or its contents) will be available on an uninterrupted, timely, secure or error-free basis; (d) defects will be corrected, or that the Website or the service that makes it available are free of viruses, worms or other harmful components; (e) the results that may be obtained from the use of the Website or any services offered through the Website will be correct, accurate or reliable; or (f) the quality of any products, services, information or other material purchased or obtained by you through the Website will meet your expectations.
Any content, materials, information or software downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. SJM shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software. You, and not SJM, assume the entire cost of any necessary servicing, repair or correction.
Limitation of Liability
Neither St. Joseph Media Inc., nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether direct, indirect, incidental, actual, consequential, punitive, special or otherwise), injury, claim, liability or other causes of any kind or character whatsoever, including for any damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort or otherwise, based upon or resulting from any information or opinions provided on the Website or from the use of, or the inability to use, the SJM materials. You specifically agree that SJM is not liable for defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Website or any materials on the Website, or with any of these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using the Website.
You agree to defend, indemnify and hold harmless SJM, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Website.
Termination of Use
These Terms and Conditions of Use constitute an agreement that is effective until terminated by SJM at any time without notice. You agree that SJM may, in its sole discretion, at any time terminate your access to the Website and any account(s) you may have in connection with the Website. In the event of termination, you are no longer authorized to access the Interactive Areas, and other benefits of this Website; and the restrictions imposed on you with respect to material copied or downloaded, the disclaimers and limitations of liabilities set forth herein, shall survive the termination of this agreement. These Terms and Conditions of Use constitute the entire agreement between you and SJM related to the Website. Access to the Website may be monitored by SJM.
This agreement, your use of the Website, and all related matters are governed solely by and shall be construed in accordance with the laws of the Province of Ontario and applicable federal laws of Canada, without giving effect to any principles of conflicts of law.
Any dispute between SJM and you or any other person arising from, connected with or relating to the Website, this Agreement or any related matters must be resolved before the Courts of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Toronto, Ontario, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
You agree to bring any claims against SJM exclusively in the courts of Ontario. If any provisions of these Terms and Conditions of Use proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding these Terms and Conditions of Use or the Website generally, please contact us.
Thank you for your cooperation – and overall, please enjoy Weddingbells.ca and all it has to offer!