The Wedding Lens may, in its sole discretion, modify this Agreement from time to time, and may modify, suspend, or terminate the Site and Services, for any reason, and without notice. Each revision will be marked with a revision date and will be posted on the Site. The Wedding Lens recommends that you review these terms from time to time to note any changes. Although you may be asked to indicate your assent to the terms of this Agreement only once (e.g., when you register for a The Wedding Lens account), the terms of this Agreement, as modified by The Wedding Lens from time to time, will govern all use of the Site and Services. By continuing to use or access the Site or any of the Services, you agree to be bound by the Terms of Service in effect at the time of such use or access.
- Description of the Services
The Wedding Lens provides its Registered Users (defined below) with the ability to host a variety of content, including without limitation images and videos (including any audio accompanying the videos) ("Content") that Registered Users own or to which they have the necessary rights ("User Content"), in order to share User Content via the Web on, for example, online journals, blogs, message boards, personal websites, social networking sites, and online photo albums. Registered Users and visitors to the Site may also order, via the Site or via partner websites ("Partner Sites"), prints, photographs, t-shirts, and similar items that incorporate publicly available Content.
Although the Site and Services are normally available, there will be occasions when the Site or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of The Wedding Lens. Also, although The Wedding Lens will normally only delete Content that violates this Agreement, The Wedding Lens reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by The Wedding Lens in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, The Wedding Lens encourages you to maintain your own backup of your User Content. In other words, The Wedding Lens is not a backup service. As discussed further in Section 8, The Wedding Lens will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
- Accounts and Passwords
In order to access certain features of the Site and the Services, and to post Content, you must create a The Wedding Lens account. You may create an account on the Registered Page. Once you have created an account, you will be a "Registered User." Registered Users are limited to one free "Standard" account per person. You may also upgrade to a "Premium" or "Ultimate" account by paying a membership fee, in which case you are entitled to one free account (in addition to your "Premium" or "Ultimate" account). Your The Wedding Lens account is solely for your own personal use and benefit. You are responsible for safeguarding the password that you use to access the Site and Services. You agree not to disclose your password to any third party nor to permit any third party to use your The Wedding Lens account. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify The Wedding Lens of any unauthorized use of your password. In registering and creating an account, you agree to provide accurate, current and complete information, and to promptly update that information as necessary. The Wedding Lens will have no liability for failure to deliver notices that result from inaccurate account information.
You are limited to the file size, bandwidth, and storage limitations related to your account level, as described on the account comparison page. The Wedding Lens reserves the right to disable direct linking on accounts that are using excessive bandwidth or otherwise abusing the system. The Wedding Lens has the right to change its file size, bandwidth, or storage limitations without notice.
You may terminate your account at any time, for any reason, by following the instructions on the options page. The Wedding Lens reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including without limitation a breach of any part of this Agreement
- Your License to The Wedding Lens
The Wedding Lens does not claim any ownership rights in any User Content that you choose to post to the Site. After posting User Content to the Site,you continue to retain all ownership or license rights in your User Content and you continue to have the right to use your User Content as you did prior to such posting. However, where you have made your User Content public, posted a link to your User Content on another website or otherwise shared a link to your User Content, you grant to The Wedding Lens a nonexclusive, royalty-free, worldwide right to sublicense the right to copy, modify, prepare derivative works from, and distribute your User Content as necessary to perform the Services, including without limitation the printing services offered by Partner Sites. In connection with the above license, you provide your consent for The Wedding Lens personnel, including The Wedding Lens contractors and service providers, to view your User Content at any time for the purpose of providing the Services and filtering content that violates this Agreement. You acknowledge that you are solely responsible for all Content you submit to the Site or provide to the Service. You represent that you either own the User Content or have the rights necessary to grant The Wedding Lens this license.
Your license to The Wedding Lens with respect to any particular piece of User Content will terminate once you or The Wedding Lens remove it from the Site.
- The Wedding Lens's Limited License to You
Subject to your compliance with the terms and conditions of this Agreement, The Wedding Lens grants you a non-transferable, non-sublicensable right to access, view and print public Content, only for your personal, non-commercial use. With the exception of your User Content, you may not distribute any Content to third parties, use any Content commercially (except as may be permitted by a separate license explicitly attached to a particular piece of Content), or otherwise copy, modify, distribute, publicly display or perform any Content (except as such acts may be permitted by a separate license explicitly attached to such Content).
You will not do any of the following while using or accessing the Site or the Services:
a. Post, upload, email, or otherwise transmit (i) any Content that you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); (ii) any Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or (iii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
b. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except your User Content;
c. Use any meta tags or other hidden text or metadata utilizing a The Wedding Lens name, trademark, URL or product name without The Wedding Lens's express written consent;
d. Post, upload, email or otherwise transmit, without first obtaining the permission of The Wedding Lens, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," Ponzi schemes or any other form of solicitation;
e. Post, upload, email, or otherwise transmit, via the Site or Services, any Content that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of The Wedding Lens, or its Registered Users;
f. Post, upload, email, or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
g. Post, upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;
h. Attempt to probe, scan or test the vulnerability of any The Wedding Lens system or network or breach any security or authentication measures;
i. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive, or false source-identifying information;
j. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Site or Services;
k. Collect or store personal data about other users without their express permission;
l. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud;
m. Resell the Services, in whole or in part;
n. Violate any applicable law, regulation, or ordinance; or
o. Use the Site or Services in any manner not permitted by this Agreement.
- Age Requirements
Users of the Services must be at least 14 years of age. Children under the age of 14 are not permitted to use the Service and no information of children under the age of 14 will be knowingly collected by The Wedding Lens. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without the parent or guardian's consent by, for example, misrepresenting his or her age, that parent or guardian should contact us at the contact us page. If The Wedding Lens determines that it has collected personal information of children under the age of 14, The Wedding Lens will immediately delete such information and any accounts believed to be held by children under 14.
- Disclaimer of Warranty
THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, The Wedding Lens DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Limitations of Liability
You understand that Content is posted by users and that The Wedding Lens has only limited control over the Content that is made available via the Site and Services. You understand that by using the Site and Services, you may be exposed to this Content. You acknowledge that The Wedding Lens will not be liable for (a) Content, including without limitation the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or download of any Content posted, emailed, transmitted, or otherwise made available via the Site or Services; (b) the deletion, failure to store, mis-delivery, or untimely delivery of any information or material; (c) Site unavailability or Service interruptions; or (c) the defamatory, offensive, or illegal conduct of any third party.
IN NO EVENT WILL The Wedding Lens BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY EVEN IF The Wedding Lens HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL The Wedding Lens'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE OR ANY SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO The Wedding Lens. You acknowledge that The Wedding Lens has set its prices and entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate the risk between the parties and form a basis of the bargain between the parties. Some jurisdictions do not allow the exclusion or limitation of liability of incidental or consequential damages, so the above limitation may not apply to you.
You agree to defend, indemnify, and hold harmless The Wedding Lens and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services, or your violation of this Agreement. The Wedding Lens reserves the right, at its own expense, to assume the exclusive defense and control of any such claim otherwise subject to defense by you, in which event you will cooperate with The Wedding Lens and its counsel, as necessary, in the conduct of such defense.
- Email Addresses
You agree that you give the right to The Wedding Lens to send emails on your behalf to email addresses that you provide to us. The emails that The Wedding Lens sends are designed to increase the number of photos that are uploaded in behalf of the Registered User. We will not sell or send those email addresses to a third party.
- Links to Third Party Sites
The Site may contain links to third-party websites or resources. You acknowledge and agree that The Wedding Lens is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by The Wedding Lens of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. For the terms and conditions governing your use of Partner Sites, refer to the terms of service governing those websites.
- Forum and Choice of Law
This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in the federal courts located in the State of California, or state courts located in San Francisco County, California. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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 Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
- Refund Policy
The Wedding Lens will not honor any refunds for any paid The Wedding Lens services, including without limitation "Standard", "Premium" or "Ultimate" account payments, more than sixty (60) days after you last submitted such payment to The Wedding Lens. Should you find the need to request a refund, please email us using the contact us page or call us toll free at: (888) 852-2170 ext 2.
You may not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. The Wedding Lens may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization or sale of all, or substantially all, of its assets relating to this Agreement. The failure of The Wedding Lens at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. If a court should find that one or more rights or provisions contained in this Agreement are invalid, you agree that the remainder of the Agreement will be enforceable. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. This Agreement constitutes the complete and exclusive understanding and agreement between you and The Wedding Lens regarding its subject matter, and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter.
If you have any questions or concerns about this Agreement or any issues raised in this Agreement or on the Site, please contact The Wedding Lens at the contact us page.
- How Your Information is Used:
Order and Payment Processing, Customer Service, Credit Card Issuers and Quality Assurance: We use contact information to help us efficiently perform transactions, to deliver the services you have requested, to perform quality assurance, sales analyses and other business analyses, and to contact you in connection with any orders that you have placed with us. We may also provide your contact information to your credit card issuer or to credit card processors for their purposes. No other use of your financial information will be made except to satisfy any law, regulation, governmental request, or judicial order. When you make a purchase through the Site, or register with the Site, you will provide us with an email address where we, or these service providers, may contact you for the purposes described in this paragraph.
Contacting You for Offers and Promotions: You agree, in consideration for the use of the Services provided by The Wedding Lens, to allow The Wedding Lens to use your personal information to send you marketing and promotional materials. The Wedding Lens may also send you marketing and promotional materials that promote third party products. The Wedding Lens will not rent or sell your personal information for use by third parties. These materials may include, but are not limited to: newsletters providing you with additional information on how to use the Services, and promotional offers for goods and services from The Wedding Lens or third parties.
- Disclosure to Governmental Entities:
The Wedding Lens may disclose specific contact information when we determine that such disclosure is necessary to comply with law, to cooperate with or seek assistance from law enforcement or to protect the interests or safety of The Wedding Lens or other visitors to the site or users of the Services. Also, your contact information may be passed on to a third party in the event of a merger, acquisition, consolidation, divestiture, or a bankruptcy of The Wedding Lens.
- Information from Other Sites
- Non-US Users
If you are not a resident of the United States, you understand and agree that The Wedding Lens stores and processes your information on computers located in the United States, and by providing any data to The Wedding Lens, you consent to the transfer of such information to the United States.
- Security Precautions
- How to Contact Us
Address: Two-Bit Operation LLC, 548 Market St #68790, San Francisco, CA 94104