The
following constitutes a legally binding agreement between the
Chicagoland Wedding Directory ("CWD," "we," "us," or "our") and
"you," the user of this Site.
By accessing, browsing and/or using this Website ("Site"),
you acknowledge that you have read, understand, and agree to be
bound to these terms of service ("Terms") and to comply with all
applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY
DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree
to these Terms, please do not visit this Site.
Use of this Site
The CWD hereby grants you a limited license to copy and use the
materials, features, and services provided by the CWD on this
Site (collectively the "Materials") solely for your personal,
non-commercial use, subject to these Terms. The design and layout
of the Site are specifically excluded from the Materials. No other
use of the Site or Materials is authorized. You agree that any
copy of the Materials (or any portion of the Materials) that you
make shall retain all copyright and other proprietary notices
contained herein or therein. Framing of the Site or Site Materials
or posting of Materials on other Web Sites is strictly prohibited.
The products, technology, and/or processes described and/or
used on this Site may be the subject of intellectual property
rights reserved by the CWD or other third parties. Except for
the limited license granted above, nothing contained herein shall
be construed as conferring to you in any manner, whether by implication,
estoppel or otherwise, any license, title, or ownership of or
to any intellectual property right of the CWD or any third party.
Copyrights
All of the Material on the Site is copyrighted © 1998-2006, Chicagoland
Wedding Directory, or used under license. The Chicagoland Wedding
Directory currently uses copyrighted materials from Digital Imagery©
copyright 2001 PhotoDisc, Inc. All Rights Reserved. This may constitute
only a partial list and is subject to change.
Service Marks
Chicagoland Wedding Directory is a service mark or registered
service mark in the United States. All rights reserved. Use of
the Chicagoland Wedding Directory service mark in meta-tags for
search engines is strictly prohibited. This site is neither endorsed,
nor sponsored by, nor affiliated with any third party websites
or entities.
Acceptable Use Policy
The CWD has adopted the following Acceptable Use Policy in order
to assure that its electronic chat forums and/or wedding blog
are used in a lawful and appropriate manner. While the CWD does
not ordinarily monitor the content of users' postings, it reserves
the right to investigate reports of misuse of its service and
to protect its property and assets. The following conduct is prohibited
on the service:
- posting harassing, abusive, or threatening messages;
- posting obscene or pornographic messages or images;
- posting defamatory or libelous messages;
- sending viruses or other harmful, disruptive, or destructive
files to the published e-mail addresses of its users;
- posting advertisements of wedding-related businesses (such
users are directed to our Advertising
Information page);
- posting messages in furtherance of unlawful, criminal, or
fraudulent activity; or
- attempting to conceal or misrepresent your identity.
Violations of the CWD's Acceptable Use Policy will not be tolerated
and may result in the sender being blocked from making additional
postings our wedding forum and/or wedding blog. If the poster
is an advertiser or subscriber to the CWD's newsletter or in any
other way a member of the CWD's subscription service, the CWD
may disable the sender's account without compensation or refund.
THE CWD RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE
TO THIRD PARTIES, INCLUDING WEDFORUM USERS, THEIR COUNSEL, AND/OR
LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION,
INCLUDING, BUT NOT LIMITED TO, THE POSTER'S NAME, ACCOUNT INFORMATION,
MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT
SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY THE
CWD TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND
TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH
OR WITHOUT PRIOR NOTICE. BY USING THE SERVICE, YOU IRREVOCABLY
CONSENT TO SUCH DISCLOSURES.
Spam
You may not use this Site or its boards, chat forums, or wedding
blog to harvest e-mail addresses with the intent to send unsolicited
bulk or commercial messages. In addition, the use of automated
scripting-type programs that automate the process of sending or
viewing any of the Materials is strictly prohibited. The CWD reserves
the right to limit, in its sole discretion and without prior notice
to you, the number of messages that you may post via the Site.
You are solely responsible for your actions and communications
undertaken or transmitted using the Site. Neither we nor our affiliates
exercise editorial control over your transmissions; however, we
do reserve the right to review postings on its chat forum and/or
wedding blog in order to ensure compliance with these Terms.
Links and Advertisements
The CWD features on its Site and may feature in its newsletters
or other e-mail communications to you, links to third-party web
sites. These may appear in the form of text links, advertisements,
banners, buttons, or otherwise. THE GOODS AND SERVICES AVAILABLE
THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH
ARE NOT AFFILIATED IN ANY WAY WITH THE CWD. THE CWD MAKES NO REPRESENTATIONS
AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS,
OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SERVICES OFFERED
OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. THE
CWD WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY
INCUR AS A RESULT OF TRANSACTIONS WITH ANY CWD ADVERTISER. USERS
ARE ADVISED TO USE DISCRETION IN SELECTING ENTITIES WITH WHICH
TO DO BUSINESS.
There may be circumstances where access to this Site is
provided by a link located at another website. Neither the CWD
nor its affiliates makes any representations or give any warranties
with respect to any information contained in or at these other
sites and neither the CWD nor its affiliates shall be liable for
any damages or injury arising from the content of these other
sites. Neither the CWD nor its affiliates endorses the individuals,
companies, or other similar entities, or any products or materials
associated with such individuals, companies, or other similar
entities, that provide a link to this Site.
Third Party Claims
The CWD may allow you to supply us with your own photos, artwork,
text and other materials ("Third Party Materials") for the purpose
of advertising or other purpose on the Site. When supplying Third
Party Materials to the CWD, you are subject to the conditions
outlined in these Terms. In supplying us with Third Party Materials,
you indicate that you own the Third Party Materials and have full
rights to their use.
When you supply us with material for the purpose of advertising
or other purpose, your material will be used for its intended
purpose; however, you agree that we may also use such material
in the course of performing testing, training and/or archiving
of our and our affiliates' systems and hereby expressly reserve
the right to do so.
Contests and Give-Aways
From time to time, the CWD may sponsor contests, give-aways or
other promotions ("Promotions") on the Site. Participation in
Promotions is entirely voluntary. The CWD does not condition access
to any services it offers on participation in any Promotion. If
you elect to enter any such Promotion, your participation shall
be governed exclusively by the contest rules available through
the entry forms or in these Terms of Service. You agree to strictly
abide by any and all contest rules. Any personally identifiable
information you provide in conjunction with any contest shall
become the property of the CWD and you hereby consent to receive
e-mail correspondence including, but not limited to, special promotions,
offers and newsletters from the CWD. The CWD does not provide
affiliates, CWD advertisers or other third parties with user information,
as consistent with our Privacy
Policy. In the event that you are awarded or provided with
any prize, gift, or other consideration, you give the CWD permission
to use your name, likeness, portrait, recorded voice, and/or biographical
information to advertise, publicize, or promote the CWD, its products
and services, and no additional consideration shall be paid for
such rights.
Warranty Restriction; Limitation Of Liability.
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE
IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY
MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED
TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING
COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT.
THE CWD IS NOT RESPONSIBLE FOR ANY FAILURE OF E-MAIL SENT THROUGH
THE SITE. ALL MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE
WITHOUT NOTICE.
NEITHER THE CWD NOR ITS OWNER, ADVERTISERS, OR AFFILIATES
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES)
IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH
YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM
YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF
CHICAGOLANDWEDDING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION
IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION,
AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY
SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR
INAPPLICABLE, YOU AGREE THAT CHICAGOLANDWEDDING.COM AND ITS AFFILIATES'
AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS
AGREEMENT.
NEITHER THE CWD, NOR ITS OWNER OR AFFILIATES TAKES ANY
RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED
OR OTHERWISE TRANSMITTED BY ANY THIRD PARTY, OR FOR ANY MISTAKES,
DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY,
PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE,
OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO
HOLD HARMLESS THE CWD AND ITS AFFILIATES AND PARTIES WITH WHOM
THE CWD HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING
THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS
MADE AVAILABLE BY ITS ADVERTISERS, YOU, OR OTHER THIRD PARTIES
ON THE SITE.
Indemnification
You hereby indemnify, defend and hold harmless the CWD and its
affiliates, and all owners, agents, content providers, licensors
and licensees (collectively, the "Indemnified Parties") from and
against any and all liability and costs, including, without limitation,
reasonable attorneys' fees, incurred by the Indemnified Parties
in connection with any claim arising out of any breach by you
or any user of your account of this Agreement. You shall cooperate
as fully as reasonably required in defense of any such claim.
The CWD reserves the right, at its own expense, to assume the
exclusive defense and control of any matter subject to indemnification
by you.
Enforcement
In the event the CWD determines, in its sole discretion, that
you have violated these Terms, the CWD shall have the right to
immediately terminate your account (with or without refund), refuse
access to, or block the posting of communications on the chat
forum or wedding blog of the Site, and/or pursue any other remedies
available to it under applicable law.
Governing Law
This Agreement, and the respective rights and obligations of
the parties hereto, shall be governed by and construed in accordance
with the laws of the State of Illinois.
Updates to Terms
The CWD shall have the right to revise these Terms at any time
by updating this posting. By using this Site, you agree to be
bound by any such revisions and should therefore periodically
visit this information to determine the Terms to which you are
bound.
Rules for Advertisers
- Applicability. The CWD is a geographically-specific web site
catering specifically to the needs of persons who are marrying,
planning a wedding, and otherwise work in the wedding industry.
The CWD reserves the right to include, deny, modify, remove,
in whole or in part, any advertising content, whether currently
in publication on the Site or submitted for publication on the
Site, not deemed appropriate for reasons of applicability. The
CWD reserves the right to deny publication of any submitted
advertisement, in whole or in part, that does not comply with
the Terms set forth herein.
- General Audience. You understand and agree that the CWD is
a general audience web site and, as such, reserves the right
to modify, remove, in whole or in part, any advertising content
whether currently in publication on the Site or submitted for
publication on the Site, not deemed appropriate for reasons
of discrimination, adult nature, or other possible offense.
The CWD reserves the right to deny publication of any submitted
advertisement, in whole or in part, that does not comply with
the Terms set forth herein.
- Advertisements. All forms of advertising available to you
are posted on the Site's Advertising
Information page. Advertisements may include, but are not
limited to text, banners, buttons, pages, or links, either paid
or unpaid, freely provided or reciprocal, affiliate or non-affiliate
or by any other compensatory or non-compensatory means determined
by the CWD. All agreements made between you and the CWD are
exclusive and you agree that the CWD may not be bound to any
agreement for advertising based on agreements made between the
CWD and other third parties.
- Property Rights. All applications, submissions, and related
materials become the property of and remain the property of
the CWD. The CWD reserves the right of use of any applications,
submissions, and related materials.
- Contract Period and Termination. All advertisements will remain
in effect throughout the paid contract period; minimum new contract
or renewal contract period of three (3) months is required.
Advertisers will be notified of the need for renewal of any
and all advertisements via e-mail, telephone communication or
regular U.S. mail, prior to the termination of the current contract.
Renewal payments not received at the business address of the
CWD on or before 5:00 p.m. CST of the termination date of the
then-current paid contract period, may result in the termination
of your account and the immediate removal of your advertisement
from this web site. The creation, uploading, account termination,
removal, and all other maintenance processes of your advertisement
("Processes"), whether manual or automated, are initiated by
a human being and as such are exposed to human error. In the
event an error occurs in the Processes, you agree to forego
resolution of the error in a legal forum and to correspond with
the CWD to reach a fair and reasonable resolution, unless a
fair and reasonable solution can not be reached within a reasonable
timeframe.
- Modification of Published Advertisements. Advertisements may
be changed, updated, or otherwise modified as deemed necessary
by the CWD to ensure the accuracy and timeliness of information
contained on the Site. Advertisers requests for listing modification
must be submitted to the CWD in writing, via e-mail notification
or by regular mail, at the time modification becomes necessary.
Scheduled modifications are not permitted.
- Form and Content. You agree to abide by the specifications
for form and content for any and all advertisements as stated
within our Advertising Information section. Where applicable,
your "Business Name" may be published as such or as
a variation of your business name where additional verbage may
be necessary to clarify the services offered (ie: the business
name "Mary's Boutique" may be published as "Mary's
Boutique for Bridal Gowns & Accessories" thus clarifying
the exact nature of the services offered. You further agree
to abide by the following general editorial guidelines throughout
the entirety of your advertisement: 1) no repeated or unnecessary
punctuation or symbols, 2) no excessive or unnecessary capitalization
(ie: FREE), unnecessary capitalization of the first letter of
each word(s) within a sentence (ie: This is First Letter Capping.),
or gimmicky capitalization (ie: gImMIcKy CaPS), 3) any text
will abide by the general rules of proper grammar, including
the use of logical sentence/phrase form and grammatically correct
spacing, punctuation, and spelling.
- Payment Terms and Cancellation. All advertisements must be
paid in advance of publication on the Site. The CWD accepts
credit card and electronic bank account (e-check) payments online
via PayPal and Google Checkout and personal or business checks
(made out to "Chicagoland Wedding Directory") and money order
payments via U.S. Mail. A minimum three (3) month contract/payment
is required for all new accounts and account renewals. Any quote
proffered which includes adjusted pricing, rates or contract
terms will be in written form and will be valid through date
stated with the offer. If no "good through" or termination date
is made with the offer, it shall be deemed valid for thirty
(30) days from the date of offer. Requests for cancellation
of then-current advertisements will be honored only in the event
that the CWD is deemed responsible for unmodifiable, inaccurate
information, or where deemed necessary on a case-by-case basis.
Requests for cancellation of then-current advertisements must
be made in writing, via e-mail or regular mail, to the business
address of the CWD.
- Confidentiality. You agree to keep confidential all terms
of the agreement made between you and the CWD for advertisement
on the Site. You agree that all communications relevant to your
advertisement agreement, either verbal or written, will be held
confidential and will not be disclosed to third parties unless
authorized, in writing, by the CWD. The CWD will not be bound
by these terms of Confidentiality and may disclose its advertisement
agreements to third parties.
- Rules for Advertisers. The CWD reserves the right to add to,
delete, or modify the Rules for Advertisers as deemed necessary
for purposes of clarification or as circumstance requires.
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