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Terms of Use
Terms of Use Friday, Sep , 03rd
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I, voWedding Member, Take this Site… 1. voWedding is a Neutral Venue. voWedding, Inc. is not a wedding product or service provider, wedding vendor or an agent representative. We and our website function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. We are not involved in the actual transaction between couples and Wedding Vendors. As a result, we have no control over the quality, accuracy, safety, or legality of the transactions that take place on our website, the accuracy of listings, or the ability of Wedding Vendors to provide items or services. We cannot ensure that a Couple or Wedding Vendor will actually complete a transaction and service delivery. 2. Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors or to temporarily or indefinitely suspended voWedding members. Minors may only use this service in conjunction with their parents or guardians. Your voWedding membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Members who engage in the transaction of goods and services must have a valid business operations license, as applicable. You agree that the website is for services only and that work that you provide will only involve services. You agree that you will not use your participation in the voWedding website as a means to sell or market any types of non-wedding & events related good or services, unless specifically allowed in writing by voWedding. 3. Other Terms and Conditions. You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the website at various places throughout the website. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern. 4. Fees. There are currently NO Fees to join voWedding for Couples and for Wedding for Vendors. Optional fee-based services are available but participation is NOT mandatory. See below for details. voWedding for Couples: There are currently NO Fee-based services available. It’s ALL FREE. On occasions, Couples may be asked to submit a credit card for authentication purposes. This is just to ensure authentication, the user will NOT be billed. voWedding reserves the right to release future fee-based functionality/services. voWedding for Wedding Vendors: Vendors with valid Vendor Accounts may opt into the following fee-based services. These fee-based services are optional: Optional Fee-based programs for Vendors: • Storefront Listing Enhancement (Featured or Enhanced Listings): Vendors who participate in this optional fee-based service will pay an annual fee as described by the most current voWedding Rate-Card. • Banner Advertisement: voWedding banner advertisement may be purchased at the then current rate as outlined in the voWedding Rate-Card. 5. Authorization to Credit and Debit Accounts. If Applicable, based on the various optional fee-based programs, You irrevocably and expressly authorize voWedding to credit any monies to the account that you have identified for voWedding. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our website. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated above. You irrevocably and expressly authorize voWedding to withhold any monies and/or debit any monies from any account that you have identified to voWedding for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to voWedding. We reserve our rights to all actions and remedies in connection with any monies owed to voWedding. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section. 6. Unpaid Fees. If, for any reason, any fees have not been received or in any manner realized by voWedding ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. If in any billing period, we are not able to charge your credit card on file the full amount owed us (i) we reserve the right to charge your credit card for fees associated with specific matches or transactions that occurred on our site; and (ii) voWedding may charge your account a penalty of no more than $10 for every billing period that your account remains unpaid. In addition, voWedding may charge interest, in the amount of 2.0% per month (or the maximum amount allowed by law), on any unpaid account balance that you maintain. Any partial payments made to members’ account balances will first be applied to the most recent fees owed us. voWedding reserves the right to waive or change our fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us to in our sole discretion make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. 7. Dispute Management and Resolution. voWedding requires all our members, whether couples or Wedding Vendors, to give a good faith effort to complete the delivery of goods or services matched on our site. When a dispute arises after a match is made, Wedding Vendors and couples should communicate with each other to try and work out a mutually agreeable solution. Disputes between Couples and Vendors (among members). In the event that a dispute occurs between you (the Engaged Couple or Vendor) with the other Party (Engaged Couple or Vendor), we ask that you follow these steps: • If you cannot come to an agreement regarding how to resolve your dispute with the other Member, voWedding will assist you in mediating your dispute through attempts to contact both parties, provided you adhered to the Site Rules and followed the guidelines herein. • If voWedding’s involvement still does not resolve the dispute, voWedding will ask that you involve an outside mediator or use a certified dispute resolution service to help you reach an agreement. If there is a signed settlement reached between you and the other party and there are actions needed on voWedding's part, send an email to voWedding with the case identification information, the name of the mediator, both parties' voWedding Usernames and the name of the transaction. voWedding will then verify the settlement agreement with the mediator. • If the other party does not respond to your private contacts (email or phone or in person), contact voWedding Customer Service and provide complete details about the project and the dispute, including your Username, the Username of the other party and the Quote ID. voWedding will attempt to contact the other party to try to re-establish lines of communication and reach a quick resolution. Any agreements made via email/instant messages, must be emailed to voWedding Customer Service as text or attachments to allow voWedding to review the other party's response. • If you are involved in a dispute involving feedback, please refer to the Rating and Feedback System section in the Site Policies to find out in what circumstances voWedding will consider removing feedback. 8. No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the voWedding website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate voWedding in any manner whatsoever. 9. Release. Should you have a dispute with one or more voWedding Members, you release voWedding, Inc., its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes or use of the service. 10. Delivery of Goods and Services. As a couple, you are obligated to complete the transaction with the Wedding Vendor if you accept the Wedding Vendor's bid, unless the transaction is prohibited by law or by this Agreement. By accepting a Wedding Vendor's bid, you agree to be bound by the conditions of the bid included in the bid details so long as the transaction details are not in violation of this Agreement or unlawful. Acceptance generally is not retractable unless: (1) the Wedding Vendor materially changes the bid details after your acceptance; (2) a typographical error is made; or (3) you cannot authenticate the Wedding Vendor's identity or credentials. IMPORTANT: voWedding does not screen or qualify Wedding Vendors for compliance with federal, state or local laws and regulations. It is recommended that you confirm such compliance directly with the Wedding Vendor before services are rendered by the Wedding Vendor. 11. Delivery of Services/Goods. As a Wedding Vendor, you must legally be able to deliver the goods or services you bid on. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements. You must describe your offer and all terms of your services on the bid submittal form on our site. You acknowledge that the voWedding website exists for members to make a fully informed decision about your bids, services offering, policies and procedures. Therefore, you shall disclose to every member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. In the event, that you charge "extra fees" (and we are made aware of this fact), voWedding reserve the right to suspend or cancel your account at our sole discretion. Your bid may only include content relevant to the description of your wedding related goods or services. You warrant that the services will be performed in a good and workmanlike manner. 12. Account Flagging System. The voWedding site is self-policed by the voWedding community via a flagging system. The flagging system is used to communicate the policies of the voWedding Terms of Use. voWedding members are able to ‘flag’ certain texts that do not comply with this Agreement. A “Flag as Inappropriate” link will appear on certain pages. When accessed, the popup window will appear asking the user to specify the reason for the violation. This information will then be sent to voWedding for investigation. If the violation is deemed legitimate by voWedding staff in its sole discretion, a warning will be given to the member. A member who receives two warnings of the same nature or multiple general warnings is subject to suspension of their account in voWedding’s sole discretion. 13. Information You Submit. You solely are responsible for any information you provide to us or other users in the registration, date, venue, and other transaction/delivery process. Your personal information and any relevant transaction information must be true, legal, accurate, and non-fraudulent. Information may not contain any viruses, spyware, or other malicious software that may damage or interfere with our website. Furthermore, you may not list any offerings on our site that, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our Prohibited Items terms. You authorize voWedding to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website that is in violation of this Agreement, illegal, threatening, lewd, or otherwise inappropriate, as determined in voWedding’s sole discretion. You acknowledge and agree that this website acts as a passive conduit for any of your online communication or distribution of content or information. Furthermore, you expressly represent and warrant the following: (1) you are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website, or; (2) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, you grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information: • Will not violate any federal or state law, regulation, rule, or statute; • Will not violate the terms of this Agreement; • Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights; • Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography; • Will not be libelous, threatening, harassing, racist, or defamatory. This specifically includes making legal claims of any sort about voWedding employees, agents, other members, or the marketplace itself; • Will not contain any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our website, operation of any of our systems and or create or impose a large burden or load on our website; • Will not scan or test the vulnerability or security of our website or the system within which it operates; • Will not be used for commercial or public purposes outside of the requirements of this Agreement; • Will not create liability for us in any manner whatsoever; • Will not frame or link to our website without our written permission; • Will not involve the upload, or insertion of, any programming language or code into or onto, our website. You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for and will indemnify us from, all damages incurred as a result of any of your online communication or distribution of information. 14. Fraud. voWedding may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our website, as determined in our sole discretion. Members may not manipulate the bid prices for any transactions or interfere with other members' listings or transactions. Other fraudulent acts include the following: Manipulating feedback - You acknowledge and agree that the voWedding website is a neutral venue and that all transactions for services are made by and between you and other members only and, therefore, we can not, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the website is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the website, you shall NOT: • Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member; • Post and/or cut and paste and/or copy the content of a member feedback review from the voWedding website to your own personal or business website, to any other third party web site and/or on any of your own personal, business or third party marketing/advertising materials regardless of the form; • Attempting to gain feedback by receiving multiple feedback from the same member (members may only leave one feedback, whether positive, neutral, or negative, to any other member, regardless of the number of matches that the two parties complete with each other); • Post or attempt to post, in any manner or by any means, a feedback review on your own account; or • Misrepresent or impersonate another member. 15. Off-Site Communications. voWedding prohibits offers by its members to offer listed wedding services & goods requests outside of the voWedding site. Offers of this nature circumvent voWedding’s fee structure and are a potential fraud risk for both couples and Wedding Vendors. Some examples of off-site offers include: Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in voWedding’s question and answer system, profile section, “Additional Information” sections, user ID, discussion forums, services requests, or transaction description. Using personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, obtained through voWedding’s question and answer system, profile section, “Additional Information” section, user ID, discussion forums, services requests, or transaction description to offer to deliver a listed item or service off-site. voWedding reserves the right to edit, amend, or delete any personal contact information that members submit on our site. voWedding reserves the right to suspend or delete the account of any member that attempts to make off-site transactions. 16. Community Forums. Community Forum intended to allow our members to communicate their experiences using voWedding. voWedding reserves the right to edit, amend, or delete any information posted on the discussion forums if, in the sole opinion of voWedding, the posting contains language that is vulgar, obscene, inflammatory, illegal, irrelevant, or in violation of any section of this Agreement, our Privacy Policy or our Discussion Forum Policies, which has detailed information about what postings we deem unacceptable. 17. Right to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in the voWedding website at any time and for any reason or for no reason and without notice to you. An event that may result in the rejection or removal of your participation can include, but is not limited to: any circumvention of the voWedding marketplace by you or by others at your direction; Your creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by you to improperly influence, or cause another to, improperly influence the feedback of members; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or partners. 18. Petition for Reinstatement. Upon your removal from the voWedding website, you may petition for reinstatement. Your petition for reinstatement must include the following: (a) a written statement as to why you should be reinstated and (b) your contact information. Your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final. 19. Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief. 20. Taxes. You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site, including sales and VAT taxes. 21. Record Keeping/Audit. We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes. 22. Non-solicitation. During the term of this Agreement, you shall not solicit to hire nor hire our employees, former employees, contractors, or former contractors of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members. 23. No Felony Convictions. You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services. 24. Unsolicited Idea Submission. We always want to receive messages and feedback from voWedding members and welcome any comments regarding the voWedding marketplace. However, voWedding policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by voWedding might be similar or even identical to your idea. If you do send voWedding an unsolicited suggestion, idea, or proposal, or if you send, at the request of voWedding, a comment or suggestion to improve the voWedding Marketplace (for example, through Discussion Boards or via email) (collectively, the "Submission"), voWedding will consider the Submission to be non-confidential and non-proprietary. voWedding shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. voWedding shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you and you further grant voWedding and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise use all such Submissions as if it were the full owner thereof. 25. Identity Verification. We use techniques to help verify the identity of Wedding Vendors when they register on our website; however, voWedding cannot and will not confirm each service provider's identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with. 26. Feedback. If you undermine the integrity of our feedback system in any way, your membership may be suspended. You acknowledge that your feedback consists of comments left by other voWedding members and a composite feedback number compiled by voWedding. Feedback Disputes - In order to protect the integrity of the feedback system and protect Members from abuse, voWedding will consider removing feedback under the following scenarios: • Feedback or information posted by a Member that has never contracted business with the voWedding Vendor Member. • The Member who left feedback provided voWedding with false contact information during the transaction period and cannot be contacted by voWedding. • Feedback or information posted seeks to elicit or solicit any Member’s contact information, such as other Member email addresses, for any non-voWedding related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters." • Feedback or information posted contains language that is profane, vulgar, racist or contains adult material. Insulting or inflammatory feedback is strongly discouraged but will not be removed. • Feedback or information posted is shown to have been left by any Member who is in violation of voWedding's Eligibility requirements, or by or for a Member who has conducted any fraudulent transaction. • Feedback or information posted makes any reference to actions taken or purported to be taken by voWedding or any law enforcement organization. • When voWedding is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal. • The Member who left feedback is participating in a voWedding transaction with the intent of leaving feedback as part of a campaign to harass voWedding member(s). Member can contact Customer Service to file a feedback review request. Members in receipt of a rating will have the opportunity to respond to the rating within the voWedding marketplace. 27. Remedies. Remedies for use of our website that violate this Agreement include, but are not limited to, the immediate removal your listings, notifying our members of your actions, issuing a warning (including a public warning), temporarily suspending your membership, terminating your membership, and refusing to provide our services to you. 28. No Warranty. voWedding, our employees, and our suppliers provide services “AS IS” without any warranty of any kind either including express, implied or statutory conditions. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. 29. Limited Liability. IN NO EVENT SHALL WE, OUR EMPLOYEES, OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THIS AGREEMENT HOWEVER ARISING, INCLUDING NEGLIGENCE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OUR LIABILITY, AND THAT OF OUR EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND $100 AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. 30. Indemnity. You agree to indemnify and hold us and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, your provision of your services, or violation of any law or the rights of a third party. 31. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items. 32. Arbitration. Disputes between you and voWedding regarding our services should be reported to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . We will attempt to resolve any disputes you have with us. Because we are a neutral venue we are not responsible for resolving any disputes between you and members regarding services/transactions. Any claim or controversy arising out of or relating to the use of this Site, to the goods or services provided through voWedding, this Agreement, or to any acts or omissions for which you may contend voWedding is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Lviv, Ukraine. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND VOWEDDING WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using voWedding's goods and services you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and voWedding, the parties agree that jurisdiction over and venue of any suit shall be exclusively in courts sitting in Lviv, Ukraine. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees. 33. Protection of Intellectual Property Content. The voWedding website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners. 34. Trademark and Domain Name Protection. The voWedding website contains trademarks, tradenames, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us. Unless otherwise agreed to in writing, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks. 35. Security. voWedding uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website can be interrupted by numerous factors outside of our control. 36. Governing Law. THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF UKRAINE, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS OF ANY STATE OR JURISDICTION. 37. General. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. I DO |
