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Terms and Conditions of Use
Terms & Conditions:
USER AGREEMENT

Themis, Inc. ("GayWeddings.com") makes the Web sites located at GayWeddings.com, Shop.GayWeddings.com and GayWeddings.groupee.net (collectively referred to as the "Site") available for your use subject to the terms and conditions set forth in this document and any changes to this document that GayWeddings.com may publish from time to time (collectively, the "Terms of Use").

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

GayWeddings.com reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

DEFINED TERMS.

Services offered through this Site include: a forum and discussion board service known as the GayWeddings.com commUNIONity; engagement announcement pages known as “Wed Pages”; stories about actual couples known as “Wedding Stories;” and listing services, powered by WeddingWire, for gay-friendly vendors known as the Vendor Directory. These services consist of information, materials, files, communications, and documents that are posted by GayWeddings.com and its users. All user-supplied information, materials, files, communications, and documents are referred to collectively as "User Content." "GayWeddings.com Content" means all Materials provided by GayWeddings.com.

TYPES OF USERS.

Please be aware that certain activities on this Site, such as entry to the Member Area, are available only to persons who have registered as members with GayWeddings.com ("Licensees").

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS.

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, GayWeddings.com does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

USE OF SERVICES.

When using Services on this Site that are offered by GayWeddings.com, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

In addition to the Materials and Services offered by GayWeddings.com, this Site also makes available materials, information, and services provided by third parties (collectively, the "Third-Party Services"). The Third-Party Services are governed by separate license agreements that accompany such services. GayWeddings.com offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services. You agree that you will not hold GayWeddings.com responsible or liable with respect to the Third-Party Services or seek to do so.

USE OF GAYWEDDINGS.COM CONTENT AND USER CONTENT.

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the GayWeddings.com Content and User Content available on this Site subject to the following conditions:

   1. The GayWeddings.com Content and User Content may be used solely for personal, informational, and internal purposes.
   2. The GayWeddings.com Content and User Content may not be modified or altered in any way.
   3. The GayWeddings.com Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
   4. You may not remove any copyright or other proprietary notices contained in the GayWeddings.com Content and User Content.
   5. GayWeddings.com reserves the right to revoke the authorization to view, download, and print the GayWeddings.com Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from GayWeddings.com.
   6. The rights granted to you constitute a license and not a transfer of title.

IMPORTANT EXCEPTIONS.

Various sections of the Site may contain links to other sites. The works on such sites belong to their creators, may be protected by copyright or other proprietary laws.

The rights specified above to view, download, and print the GayWeddings.com Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

TRADEMARK INFORMATION.

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of GayWeddings.com or other third parties. You are not permitted to use the Marks without the prior written consent of GayWeddings.com or such third party that may own the Marks. GayWeddings.com and the GayWeddings.com logo are trademarks of Themis, Inc.

LICENSE TO GAYWEDDINGS.COM FOR USER CONTENT.

Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site, you grant GayWeddings.com one of the following types of licenses:

1) For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, such as examples of work you have done using GayWeddings.com products, you grant GayWeddings.com a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant GayWeddings.com the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site. You acknowledge and agree that any User Content you submit to GayWeddings.com, including by not limited to, its commUNIONity, Wed Pages, and Wedding Story, and Vendor Directory, such as hacks and graphics, may be downloaded, modified, reproduced, and distributed by users of this Site. 2) For User Content such as comments to the GayWeddings.com commUNIONity forum, Wed Pages, & Wedding Stories, Vendor Directory, bug reports, piracy reports, or product suggestions, you grant GayWeddings.com and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that GayWeddings.com is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you have posted your identity yourself on our Community message board, wedding pages or elsewhere on the Site; (b) you grant us permission to do so; (c) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (d) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (e) we believe it necessary in order to protect the rights of GayWeddings.com or others.

PROHIBITED COMMUNICATIONS.

You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

USER CONDUCT.

In using the Site, including all Services and Materials available through it, you agree:

    * not to disrupt or interfere with any other user's enjoyment of the Site;
    * not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
    * not to create a false identity;
    * not to use or attempt to use another's account, password, service, or system without authorization from GayWeddings.com;
    * not to access or attempt to access any Material which you are not authorized to access;
    * not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site. 

MANAGING CONTENT AND COMMUNICATIONS.

Although it is not our intention to do so, GayWeddings.com reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of GayWeddings.com or others) without prior notice or liability.

GayWeddings.com may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.

To the maximum extent permitted by law, GayWeddings.com will have no liability related to User Content or Design Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. GayWeddings.com also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Design Content.

USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD.

You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GayWeddings.com MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. GayWeddings.com MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND GayWeddings.com MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) GayWeddings.com DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) GayWeddings.com MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) GayWeddings.com SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. GayWeddings.com ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GayWeddings.com OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

INTERNATIONAL USERS.

This Site can be accessed from countries around the world and may contain references to GayWeddings.com products, services, and programs that are not available in your country. These references do not imply that GayWeddings.com intends to announce such products, services, or programs in your country.

The Site is controlled, operated, and administered by GayWeddings.com from its offices within the United States of America. GayWeddings.com makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws, below, for further information.

PERSONAL INFORMATION AND PRIVACY.

To learn about non-identifying data collection used by third party advertisers on our site, and how GayWeddings.com protects your personal information, such as your name and address, refer to the GayWeddings.com Privacy Policy. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. Any non-personal information or material sent to GayWeddings.com will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of GayWeddings.com or others, or as stated in our Privacy Policy. Please be aware that your browser must be enabled to accept cookies in order for you to make online purchases at the Site.

LIMITATION OF LIABILITY.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL GayWeddings.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT GayWeddings.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

NOTIFICATION OF COPYRIGHT INFRINGEMENT.

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites hosted by Themis, Inc, please provide GayWeddings.com with a Notice containing the following elements:

   1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed;
   2. Identification of the copyrighted work or a list of the copyrighted works claimed to have been infringed;
   3. Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
   4. Contact information for the complaining party, such as an address, telephone number, and, if available, email address;
   5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
   6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

GayWeddings.com's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Kathryn Hamm
President
Themis, Inc.
1100 N. Glebe Road
Suite 1010
Arlington, VA 22201 USA

Online: Kathryn@GayWeddings.com

THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO. 

INDEMNITY AND LIABILITY.

You agree to indemnify and hold GayWeddings.com, and its officers, agents, 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 to, or transmit through the Site (including, without limitation, any User Content, or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION.

This Site is controlled by GayWeddings.com from its offices within the state of Virginia, United States of America. By accessing this Site, you and GayWeddings.com agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Virginia, without regard to the conflicts of laws principles thereof. You and GayWeddings.com also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Arlington County with respect to such matters.

GENERAL.

The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between GayWeddings.com and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by GayWeddings.com to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Any rights not expressly granted herein are reserved.
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