Last Updated on 14/11/2010
Please read the Agreement below thoroughly prior to creating an account with theWeddingDay.co.za. This "Agreement" is a contract between each party ("User") who accesses theWeddingDay.co.za site (the "Site") and the proprietor of the Site ("theWeddingDay", a company having a place of business in Milnerton, South Africa) regarding access to, and use of, the Site. By accessing, or otherwise using, the Site, User agrees to be bound by this Agreement and acknowledges the consideration provided by theWeddingDay in support of this Agreement, and particularly including the disclaimers, limitation of liability and provisions related to prohibited conduct and remedies set-out herein. theWeddingDay reserves the right to change this Agreement at its sole discretion by posting revisions thereto on the Site. Continued accessing, or otherwise using, the Site following any such revision(s) constitutes acceptance of the revised Agreement. USER AGREES TO REVIEW THIS AGREEMENT AND ANY CHANGES THERETO REGULARLY ENOUGH DURING THE PERIOD OF TIME IN WHICH SUCH USER ACCESSES THE SITE TO ENSURE THAT SUCH USER REMAINS FAMILIAR AND IN COMPLIANCE WITH THIS AGREEMENT. Any User not agreeing with this Agreement or any changes to or revisions thereof must terminate access to, or other use of, the Site immediately.
1. Registration, Accounts and Passwords.
theWeddingDay site includes a number of wedding related services ("Services") such as personalization, web hosting, and ancillary but helpful tools such as weather services, all made available after registration. A User agrees to provide accurate and current information for such registration, and to update such information completely and timely as needed. User agrees not to deceive or obfuscate in making such registration.
2. Use of Site.
A USER AGREES THAT SUCH USER SHALL USE THE SITE SOLELY FOR THE PURPOSES INTENDED, NAMELY, A WEB SITE FOR PERSONAL USE OR AS OTHERWISE REFLECTED ON THE SITE ITSELF BY THEWEDDINGDAY, AND SHALL NOT USE THIS SITE FOR COPYING OF THE SITE ITSELF OR ANY PORTION THEREOF OR ANY CONTENT OR MATERIAL ON IT OR ABOUT IT, OR TO MAKE FALSE OR FRAUDULENT REPRESENTATIONS OR TO POST, PERFORM, OR OTHERWISE DISTRIBUTE OR KNOWINGLY ALLOW ANOTHER TO POST, PERFORM, OR OTHERWISE DISTRIBUTE, ANY UNAUTHORIZED MATERIAL OWNED BY ANOTHER INCLUDING INFORMATION IN ANY FORM, MUSIC, SOFTWARE, PHOTOGRAPHS OR IMAGES, FACSIMILES OR OTHER MATERIAL WHICH IS EITHER A TRADE SECRET OF ANOTHER OR IS PROTECTED BY ANY INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY, OR OTHER RIGHT, WITHOUT OBTAINING PERMISSION OF THE RIGHT HOLDER. A User shall not use any devices or methodology to monitor or copy any web pages or content found on the Site, without the prior written consent of theWeddingDay. A User shall not: (a) post or otherwise distribute any defamatory, obscene or unlawful material or information, any information encouraging conduct that would constitute a criminal offense or give rise to civil liability, any information or software which contains a virus, worm or other harmful or damaging component, or any photographs containing obscene images (as determined by and in the sole discretion of theWeddingDay or unauthorized images of another or in which another owns rights, any unauthorized music or musical composition or performance; (b) defame, harass, threaten or otherwise violate the legal rights of another; or (c) exploit the Site for any commercial purposes or otherwise use the Site in a manner which is contrary to the law of any country or locality.
4. IP Addresses.
An User's IP address is recorded upon the creation of a wedding website account. If a visitor to a User's wedding website submits an entry on that User's wedding website (ie. A guestbook or RSVP entry), the IP address that is associated with that visitor will be recorded with the entry submitted by that visitor in the User's wedding website account. If the User deletes a visitor entry, all IP address information associated with that entry will also be removed and will be unrecoverable.
5. Payment for Services.
All Services on the Site are offered by theWeddingDay on a payment basis, after an initial free trial period. A User warrants that all information submitted in association with such payment by such User is correct and that such User is of the age sufficient to execute an Agreement in the jurisdiction of such User's residence. A User further warrants that any costs of collection that may be incurred by theWeddingDay regarding such payments will be born by the User.
6. User Responsibility.
A User is solely responsible for all results of acts or omissions that occur through such User's actions and for maintaining the confidentiality of any password or account information in the User's control. A USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THEWEDDINGDAY, ITS OWNER(S), AGENTS, EMPLOYEES, AND CONSULTANTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM THE USE OF THE SITE BY USER, THE VIOLATION BY USER OF THIS AGREEMENT, OR THE INFRINGEMENT BY USER OF ANY RIGHT OF ANOTHER. Users agree to immediately notify theWeddingDay of any unauthorized use of their account or any other breach of security known to them.
7. Related Links.
theWeddingDay may provide access to various other sites ("Related Links") but does not warrant the accuracy, completeness, or any other aspect of information provided through such Related Links and does not warrant or endorse any goods or services available through such Related Links. Information obtained from such Related Links should be independently verified before relied upon for any purpose. Goods and services available through such Related Links should be independently assessed before purchase thereof by a User. A User agrees that all dealings with any third party, including those of which it learns on the Site, are strictly the responsibility of such User and such third party, and Wedding Window shall have no responsibility or liability associated with any such dealings.
8. No Warranties.
A User understands and agrees that: (a) the Site is subject to various vagaries of electronic transmission, data storage and computer, server, or Internet availability that can occasionally cause the Site to be unavailable for periods of time or may cause the loss of information, data or content, and (b) the Site is subject to hacking, circumvention or other breaches of security arising out of efforts of third parties who may unlawfully and without authorization avoid the normal processes and procedures employed on the Site. theWeddingDay shall have no liability for such unavailability, or loss or such hacking, circumvention or other breaches. Accordingly, A USER AGREES THAT THEWEDDINGDAY MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR THE SERVICES SHALL BE AVAILABLE AT ALL TIMES, OR BE SECURE, OR WITHOUT ERROR OR MISTAKE OR THAT DATA OR OTHER CONTENT MAY NOT BE LOST OR MISAPPROPRIATED. Moreover, THE SITE, AND ITS CONTENTS, ARE PROVIDED "AS IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; QUIET ENJOYMENT; OR NON-INFRINGEMENT. THEWEDDINGDAY IS NOT RESPONSIBLE FOR ANY CONTENT ON THE SITE SUPPLIED BY ANY USER OR THIRD PARTY, OR FOR DAMAGES OR ANY CLAIM OF LOSS CAUSED BY THE INTERNET, COMPUTER, STORAGE, OR TRANSMISSION FAILURE, OR CONTENT ON THE SITE AND/OR OR THROUGH ANY RELATED LINK OR FOR MISAPPROPRIATION OR MISUSE OF CONTENT ON THE SITE. FURTHERMORE, THEWEDDINGDAY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET ANY OF USER'S EXPECTATIONS.
9. Limitation of Liability.
THEWEDDINGDAY, ITS PROPRIETOR, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF THE SITE OR ANY INFORMATION OR LINKS AVAILABLE ON THE SITE. IF A RELEVANT JURISDICTION DOES NOT PERMIT ANY OF THE EXCLUSIONS OF LIABILITY STATED HEREIN, THE EXCLUSIONS SHALL BE AMENDED ACCORDINGLY BUT ONLY TO THE EXTENT NEEDED TO PRESERVE THEIR EFFECT TO THE MAXIMUM EXTENT OF THE LAW IN THAT JURISDICTION. IF, NOTWITHSTANDING THE FOREGOING, THEWEDDINGDAY SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER, SUCH LIABILITY SHALL BE LIMITED IN TOTO TO THE AMOUNTS PAID TO THEWEDDINGDAY IN CONNECTION WITH THE EVENTS LEADING TO SUCH LIABILITY BY THE PARTY CLAIMING SUCH LIABILITY. THE FOREGOING PROVISIONS SHALL APPLY TO ALL TYPES OF CLAIMS WHETHER SOUNDING IN CONTRACT AND TORT.
10. Rights to Terminate Use.
A User agrees that theWeddingDay reserves the right, without prejudice to its other rights, to suspend or terminate the Account of a User relating to use of the Site at any time where theWeddingDay has determined, in its sole discretion, that the use of the Site by such User is, or was, in breach of this Agreement. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO theWeddingDay AND WITHOUT ANY LIABILITY WHATSOEVER, theWeddingDay AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS BY A USER TO THE SITE OR REMOVE CONTENT FROM THE SITE OF A USER AS theWeddingDay MAY IN ITS SOLE DISCRETION DEEM ADVISABLE.
" theWeddingDay.co.za " is a trademark of theWeddingDay. Any use of any of the marks, names, logos, or other indicia appearing on the Site without the prior written consent of theWeddingDay or the owner of the respective marks, names, logos, or other indicia, is prohibited.
12. Ownership of Site and Copyrights.
A User agrees that the site is the property of theWeddingDay. NONE OF THE CONTENT FOUND ON THE SITE MAY BE COPIED, REPRODUCED, REPUBLISHED, SOLD, TRANSFERRED, MODIFIED OR DISTRIBUTED IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF theWeddingDay, EXCEPT BY A USER BUT ONLY REGARDING CONTENT SUPPLIED BY SUCH USER. Moreover, all content on the Site, except for content provided by any User, is: Copyright theWeddingDay, as of the year of first publication, beginning in 2011. All rights are reserved. Any copying, republication, derivation, or redistribution of such content, including by framing or other means, is prohibited, without the prior written consent of the owner.
13. No Licenses, No Copying, No Cloning, No Infringement, No Misuse Permitted.
A User agrees that content available through the Site and the software associated with or implementing the Site and all aspects thereof are protected by intellectual property rights including, but not limited to, copyright, trademark, and/or patent, and agrees not to take any action that would compromise or the integrity of the Site, or copy its content, style, look, format, structure or software, or copy, decompile, disassemble, or reverse engineer any software, programs, designs, pages or screens used in or in connection with the Site. Except as expressly provided, nothing shall be construed as conferring any license, expressed, implied, or by waiver or estoppel, under any of theWeddingDay’s or any third party's intellectual property rights. A User agrees further not to use any of the intellectual property rights mentioned above for any purpose other than the purpose for which such rights are made available in association with the Site. USER FURTHER AGREES THAT ANY VIOLATION OR INFRINGEMENT OF ANY OF THE RIGHTS OF theWeddingDay, OR MISUSE OF THE SITE FACILITATED OR MADE POSSIBLE BY THE ACCESS OR VIEWING OR OTHER USE OF THE SITE, SHALL CONSTITUTE A MATERIAL BREACH OF THIS AGREEMENT. MOREOVER, AS IT MAY BE DIFFICULT TO QUANTIFY DAMAGES AT ANY GIVEN TIME ARISING FROM SUCH BREACH, SUCH USER AGREES THAT THE SUM OF ZAR 5,000 IS A REASONABLE ESTIMATE OF THE LIKELY DAMAGES ON A WORLD WIDE BASIS PER DAY FOR EACH VIOLATION, INFRINGEMENT OR MISUSE AND USER AGREES TO PAY LIQUIDATED DAMAGES OF ZAR 5,000 PER DAY PER VIOLATION OR INFRINGEMENT OR MISUSE. IF USER OR ITS ASSIGNS OR OTHERS TO WHICH INFORMATION GIVING RISE TO SUCH VIOLATION OR INFRINGEMENT HAS BEEN GIVEN BY USER, COMMITS VIOLATION OR INFRINGEMENT OR USES SUCH INFORMATION, FOR A COMMERCIAL OR COMPETING WEBSITE OR BUSINESS, THE DAMAGES EXPERIENCED BY theWeddingDay ARE REASONABLY EXPECTED TO BE DOUBLED AT LEAST AND LIQUIDATED DAMAGES SHALL BE INCREASED DUE TO THE INCREASED HARM THEREFROM SUCH THAT LIQUIDATED DAMAGES OF ZAR 10,000 SHALL BE PAID BY USER AND SUCH ASSIGNS OR OTHERS, JOINTLY AND SEVERALLY, PER DAY OF SUCH VIOLATION OR INFRINGEMENT OR USAGE. USER HEREBY AGREES THAT theWeddingDay MAY SUE FOR ENFORCEMENT OF THE RIGHTS MENTIONED HEREIN, FOR PAYMENT OF SUCH LIQUIDATED DAMAGES, AND FOR INJUNCTION, IN ANY COURT OF ITS CHOOSING IN NEW HAMPSHIRE OR MASSACHUSETTS AND USER HEREBY SUBMITS TO IN PERSONAM JURISDICTION THEREIN AND AGREES TO THE ENFORCEMENT IN ITS COUNTRY OF RESIDENCE OR DOMICILE OF ANY JUDGMENT ARISING OUT OF SUCH SUIT. USER ALSO AGREES TO PAY THE ATTORNEYS FEES AND COSTS OF theWeddingDay IN ALL SUCH ACTIONS AND ENFORCEMENT PROCEEDINGS AND TO INDEMNIFY AND HOLD HARMLESS theWeddingDay FROM ALL DAMAGES, HARM, LOSS OF BUSINESS, LOSS OF REPUTATION OR OTHER INJURY CAUSED BY USER OR ITS ASSIGNS OR OTHERS TO WHOM USER PROVIDED INFORMATION DERIVED IN ANY WAY FROM MISUSE OF THE SITE, AND WHO COMMIT VIOLATION OR INFRINGEMENT OR USE SUCH INFORMATION, FOR A COMMERCIAL OR COMPETING WEBSITE OR BUSINESS AND USER AGREES TO COOPERATE IN ALL WAYS TO ASSIST theWeddingDay IN ENDING SUCH HARM, VIOLATION, INFRINGEMENT OR USE. USER AGREES THAT THE RIGHTS OF theWeddingDay REGARDING SUCH USER ARE RENEWED WITH EACH USAGE OF THE SITE BY SUCH USER, AND ANY USER WHO HAS PREVIOUSLY VIOLATED OR INFRINGED OR MISUSED THE RIGHTS OF theWeddingDay OR ASSISTED OTHERS IN DOING SO AND RETURNS TO OR ACCESSES THE SITE AGAIN AND THEREAFTER CONTINUES OR RENEWS ITS PREVIOUS VIOLATION OR INFRINGEMENT OR MISUSE OR DOES NOT ACT IMMEDIATELY TO END THE VIOLATION, INFRINGEMENT OR MISUSE THAT IT PREVIOUSLY ASSISTED SHALL BE LIABLE HEREUNDER FOR ALL SUCH VIOLATIONS, INFRINGEMENTS OR MISUSES FROM THEIR FIRST INITIATION WHENEVER THEY MAY HAVE BEGUN. ALL RIGHTS OF theWeddingDay HEREUNDER SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
14.1 Relationship. theWeddingDay and a User shall be independent or each other for all purposes and no relationship as partners, joint ventures, fiduciaries, employees or agents of the other shall be inferred or implied.
14.2 Assignment. A User may not assign or delegate any rights or obligations hereunder. theWeddingDay may assign and/or delegate all of its rights and/or duties at its sole discretion to any third party.
14.3 Entire Agreement. A User agrees that this Agreement is the complete statement of the Agreement between such User and theWeddingDay and supersedes any other communications between such User and theWeddingDay relating to access of or use of the Site. Thus, this is the entire agreement between theWeddingDay and a User. However, its provisions other than those above related to "No Warranties" and "Limitations of Liability" of theWeddingDay are severable to preserve the validity of the Agreement to the maximum extent possible. In the event that any provision of this Agreement should be determined to be unenforceable or invalid to any extent by a Court of competent jurisdiction, such provision shall be deemed to be modified as needed to ensure its enforceability to the maximum extent permitted under the law and shall not affect the validity and enforceability of any other remaining provisions.
15. User Acknowledgement and Agreement. User acknowledges that such User has read this Agreement and agrees to be bound by it as a condition precedent to continuing access to or use of the Site in any way. Furthermore, User acknowledges that a User's Site is a wedding website reflecting the joint wishes of both parties to the wedding contemplated on the User's Site. Accordingly, if at any time, one of such parties to such wedding wishes the Site to be deactivated, and notifies theWeddingDay in writing, the Site shall be deactivated without refund, as soon as practicable with no liability whatsoever for theWeddingDay. Moreover, theWeddingDay reserves the right to remove anything from a Site that it deems in its sole discretion to be inappropriate for public display, or inconsistent with good decorum. Accordingly, if at any time, one of such parties to such wedding wishes the Site to be deactivated, and notifies theWeddingDay in writing, theWeddingDay shall reserve the right to permit the Site to remain active and accessible to the User who issued payment for the services, if and only if all content regarding the parties as it relates to the wedding is removed and the Site is utilized for personal use that is unrelated to the wedding. If a dispute arises between the parties as to who issued payment for the services, theWeddingDay shall retain the right to deactivate the Site without refund, as soon as practicable with no liability whatsoever for theWeddingDay. Moreover, theWeddingDay reserves the right to remove anything from a Site that it deems in its sole discretion to be inappropriate for public display, or inconsistent with good decorum.
If you have any questions about theWeddingDay or the Agreement described herein, you may contact: