Terms and Conditions of Use
Welcome to letsgetmarried.com. This web site is owned and operated by Sarnet Communications Inc. and Phenmar Productions Inc. (collectively referred to as “SCPP”).
By accessing, visiting and/or using this web site, mobile site, application, any interactive, discussion, community share, public forum pages and/or other services related to this web site, including any sub domains thereof, regardless of how transmitted, distributed, published or broadcast, and any content, including products or services provided therein, made available on or through this web site (collectively to be referred to as “Web Site”), You declare that You have read and understood the following terms and conditions of this User Agreement (to be referred to as “Terms and Conditions”) and that You accept and agree to be legally bound to the Terms and Conditions as it applies to your access, visitation and/or use of this Web Site. Whether You are an individual user of this Web Site or You are acting on behalf of an entity, the term “You” will collectively include You and all persons, entities, or digital engines of any kind that you are affiliated with either directly or indirectly and that harvest, crawl, index, scrape, spider or mine digital content by an automated or manual process or by any other means.
If You do not accept and agree to the Terms and Conditions, You do not have the right to access, visit and/or use this Web Site.
You must be at least of legal age (18 years old in most jurisdictions) and You must be able to enter into a legally binding contract under applicable law in order to access, visit and/or use this Web Site.
SCPP, in its sole discretion, has the right to amend the Terms and Conditions from time to time without notice to You. Such amendments will be posted on the Web Site and will be effective from the date of posting and binding on You from this date. Each time you access, visit and/or use the Web Site, your signify your acceptance and agreement to be bound by the Terms and Conditions and You agree to review the Terms and Conditions as access, visitation and/or use of this Web Site following any amendments will constitute acceptance of the amendments by You. You may not change, supplement or amend the Terms and Conditions in any manner.
INTELLECTUAL PROPERTY RIGHTS
All content on the Web Site and the compilation of such content, including but not limited to trademarks (including trade names, and other brand identifiers), images (including photographs and illustrations), text (including articles), communication, information, graphics (including the “look & feel” of the Web Site), creative, copy, artwork, logos, icons, tools, products, services, surveys, special promotions, audio and video clips, music, podcasts, ringtones, games, software, source and object code, algorithms, data, registries, statistics, data compilations, digital downloads and all other content, information and materials available on or through this Web Site (collectively referred to as “Content”) is the property of SCPP or its affiliates and subsidiaries or its Content suppliers with full intellectual property rights and is protected by Canadian and International copyright, trademark, and other laws. Your access, visitation and/or use of the Web Site does not transfer to You any ownership or other rights in the Web Site and its Content. You may not use, copy, reproduce, display, modify, create a derivative work, publish, download, post, transmit or distribute (including through computer networks), perform, broadcast, make available to the public (including posting on any other web site), participate in the transfer or sale of, or otherwise use or exploit any Content.
The Web Site is made available to You for lawful, personal, non-commercial use only for the purpose of using this Web Site as a wedding shopping and planning resource. You may print or download Web Site pages for this use provided You do not modify any of the Web Site pages or Content and You do not remove or alter any visible or non-visible identification, marks, notices or disclaimers.
Furthermore, LET’S GET MARRIED and MARIONS-NOUS are registered trademarks of Sarnet Communications Inc. SCPP reserves all copyright and trademark rights for its registered and unregistered trademarks, logos, service marks and trade names (collectively referred to as “Marks”) and does not grant, by implication, estoppel, or otherwise, any right or license of use without SCPP’s express, written permission. Company names, product names and logos of SCPP’s affiliates, subsidiaries and/or Content suppliers may be registered or unregistered Marks of their respective owners and any use of the Marks appearing on the Web Site, except as provided hereunder, is strictly prohibited. You are strictly prohibited from any misuse or exploitation of the Marks or the Content appearing on the Web Site.
CONTENT SUBMITTED BY YOU
Except as provided otherwise in the Terms and Conditions, You warrant that You are the owner, with all appurtenant rights thereto or that You have all rights necessary to grant the rights herein, for any and all Content (including communication and/or distribution of information) that You upload, transmit, post, send, or make available on or through the Web Site, by e-mail or in any other way and that You are responsible for its completeness, accuracy, reliability, veracity and suitability. You assume full legal responsibility and liability for any and all Content submitted by You to SCPP including but not limited to copyright infringement, defamation, invasion of privacy, mistakes and omissions and for any damage or losses You may incur and You indemnify SCPP from all damages or losses, resulting from any and all Content, communications and/or distribution of information submitted by You or any third party to SCPP.
By uploading, transmitting, posting, sending or otherwise making available any and all Content on or through the Web Site, entering a contest, or any other form of communication with SCPP, You hereby automatically grant to SCPP, an irrevocable, perpetual, non-exclusive, fully transferable, assignable, fully-paid-up, royalty-free, unrestricted, worldwide right and license (with the right to sublicense) to use, copy, reproduce, reformat (including to modify, edit, alter, crop, adapt, revise, enhance, remix, rearrange, resize, create derivative works of or incorporate into other works, move, remove (including delete and erase), store, cache, aggregate, publish, post, display, distribute, broadcast, transmit, rent, sell, share, syndicate, or otherwise provide to other parties, translate, excerpt (in whole or in part), republish, publicly and digitally perform, and publicly and digitally display any and all Content and communication submitted by You, in any form, media or technology currently in existence or developed in the future and for any purpose, including promotional and commercial purposes, and to authorize others to do so, without compensation to or prior approval by You or any other person or entity. Furthermore, You warrant that SCPP and its assigns are free from any obligation of confidentiality, attribution or otherwise with regard to any and all Content submitted by You to SCPP, and You further irrevocably waive any moral rights in the submission of any and all Content in favour of SCPP and it assigns.
You warrant that all persons and entities connected with any and all Content submitted by You to SCPP, and all other persons and entities whose names, voices, photographs, likenesses, works, services and materials have been used in the Content or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Content and the rights granted herein. Furthermore, You warrant that the Content submitted is in accordance with all applicable laws, rules and regulations and that SCPP will not be liable for the use or disclosure of any or all of the Content.
SCPP is not responsible for maintaining any Content submitted by You to SCPP and reserves the right in its sole discretion to refuse, edit, modify, reject, delete or destroy any such Content at any time.
USE OF WEB SITE
You agree and warrant that in your access, visitation and/or use of the Web Site and the various services, features and functionality offered on or through the Web Site, You shall not (a) access, visit and/or use the Web Site in any way that causes, or may cause, damage to the Web Site or impairment of the availability or accessibility of the Web Site or otherwise undermine or interfere with the operation of the Web Site, or any Content thereof, or make any unauthorized use thereof, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (b) redistribute, republish or exploit Content for any further commercial or promotional purposes (c) attempt to access other computer systems through the Web Site (d) use programs, cookies, web bugs, or tracking technologies (e) conduct any systematic or automated access or data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site. (f) obtain or attempt to obtain unauthorized access to the Web Site, computer systems, materials or information through any means (g) undertake in any way any action which is unlawful, illegal, fraudulent or harmful, or which is in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
Any attempt to do any of the foregoing prohibited acts or to otherwise undermine the Web Site and any of the various services, features and functionality offered on or through the Web Site, may constitute a violation of applicable laws, rules and regulations. SCPP reserves the right, in addition to other remedies in the Terms and Conditions, to seek damages (including attorneys’ fees) from You to the fullest extent permitted by law, including criminal prosecution.
THIRD PARTY SITES LINKED TO AND FROM THE WEB SITE
The Web Site provides links to third party web sites, and third party web sites may link to the Web Site (“Linked Sites”) provided the links are not framed links, do not create the impression of SCPP association or approval and acknowledgement of the source by visible attribution to www.letsgetmarried.com is given. SCPP is not responsible for the availability of external sites or resources linked to the Web Site.
SCPP is not responsible for or any form of transmission received from a Linked Site and reserves the right to block transmissions or links to the Web Site at any time and in its sole discretion, through technological or other means without prior notice.
DISCLAIMER OF WARRANTY
The Web Site and any and all Content including but not limited to products and services, features, information, software, tools, functionality and materials available on or through the Web Site are provided on an “as is” and “as available” basis without any representations, conditions or warranties of any kind either express or implied, including without limitation, any representations, conditions or warranties for Content, data, data processing and information and that your use is at your own risk. SCPP does not represent or warrant that the Web Site and all Content, products and services, features, information, advice, software, tools, functionality and materials provided on or through the Web Site will: (a) be accurate, complete, useful or current; (b) give accurate, complete, useful or current results; (c) be available, playable, displayable; (d) meet your requirements; (e) be timely, secure, uninterrupted, free of error or free from viruses or other harmful components and that any errors or defects on the Web Site will be corrected; (f) be merchantable or fit for a particular purpose with respect to the Web Site and any web site to which the Web Site is linked (other than those warranties which are incapable of exclusion under law); (g) or that any data that You store on the Web Site will be secure, available or preserved.
LIMITATION OF LIABILITY
SCPP and any of its directors, officers, employees and its agents, licensors, affiliates, content providers, vendors and service providers (collectively referred to as “Protected Parties”) are not responsible or liable whatsoever to You or any third parties for any injury, claim, damages whether direct, indirect, special, incidental, consequential, exemplary, punitive or otherwise, including but not limited to damages for loss of profits, business, sales, data or use, goodwill and reputation, or other intangible losses or damages of any kind whatsoever arising from, or directly or indirectly related to the access, visitation and/or use of or inability to access, visit and/or use the Web Site, Content, features, materials, and functions and from any decisions made or act taken by You in reliance on Web Site Content and information, whether in an action of contract, obligation or otherwise.
In no event shall the total aggregate liability of the Protected Parties to You for all damages, losses and causes of action (whether in contract or obligation, including but not limited to, negligence or otherwise) arising from the Terms and Conditions or your access, visitation and/or use of the Web Site, and Content, products and services, features, information, software, tools, functionality and materials available on or through the Web Site, exceed, in the aggregate, the amount if any, paid by You to the Protected Parties.
Certain elements of the Web Site, and Content, products and services, features, information, software, tools, functionality and materials available on or through the Web Site may be hosted, administered, run or otherwise participated in by third parties including but not limited to service providers that provide social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs and shopping. These service providers may require that You agree to their additional terms and conditions and/or rules and your compliance with any such additional terms and conditions and/or rules is solely your responsibility and will not diminish your obligations to comply with these Terms and Conditions. You hereby agree that SCPP neither endorses nor is responsible or liable for any user’s illegal conduct or offensive, defamatory or obscene posting made available on or through the Web Site and these service providers.
You hereby agree to indemnify, defend and hold harmless SCPP and its agents, licensors, affiliates, content providers, vendors, service providers, and each of their respective officers, directors, employees from and against any and all claims, proceedings, liabilities, damages, losses and expenses, including attorneys’ fees, which may arise from or which are connected in any way to your access, visitation or use of the Web Site.
SCPP has the right to remove, terminate, change, suspend or discontinue any aspect of the Web Site and/or services made available on or through the Web Site and has the right to terminate this User Agreement, for any reason and at any time and in its sole discretion without notice.
Furthermore, SCPP reserves the right, in addition to other remedies in the Terms and Conditions, to reject, remove, terminate, discontinue and/or restrict your access, visitation and/or use of the Web Site and/or services made available on or through the Web Site at any time, in its sole discretion and for any reason without notice to You or liability to You or any third party. In the event that SCPP rejects, removes, terminates, discontinues and/or restricts your access, visitation and/or use of the Web Site and/or services made available on or through the Web Site, SCPP is under no obligation to remove any of your Content and/or information that You may have uploaded, transmitted, sent or otherwise made available on or through the Web Site and such Content and/or information may be retained or remain viewable by SCPP and its agents, licensors, affiliates, content suppliers, vendors, service providers and/or third parties, including other users. SCPP will however have no obligation to retain, store or provide You with any information or Content You may have uploaded, transmitted, sent or otherwise made available on or through the Web Site.
The provisions and restrictions of the Terms and Conditions imposed on You shall survive the termination or expiration of this User Agreement and be binding on You in respect of your prior access, visitation and/or use of the Web Site.
The Terms and Conditions, Web Site and any and all Content including but not limited to products and services, features, information, software, tools, functionality and materials available on or through the Web Site shall be governed by the laws of the province of Quebec, Canada and any applicable federal laws of Canada, without regard to any rules of private international law or the conflict of laws which would lead to the application of any other laws. You agree not to commence or prosecute any claim or cause of action other than exclusively in a court of competent jurisdiction in the City of Montreal, Quebec, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of any such claim or cause of action. Furthermore, You waive any jurisdictional, venue or inconvenient forum objections to such courts.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of your access, visitation and/or use of the Web Site and/or services made available on or through the Web Site, the Terms and Conditions, or any other associated matters, must be filed in a court of competent jurisdiction in the City of Montreal, Quebec, Canada within six (6) months after such claim or cause of action arose or be forever barred.
If any provisions of the Terms and Conditions prove unenforceable for any reason, then that provision shall be deemed severable from this User Agreement and will not affect the validity and enforceability of any remaining provisions.
This User Agreement will be binding and enure to the benefit of SCPP and its successors, assigns and related persons, and You and your heirs, executors, adminstrators, successors, and personal representatives. SCPP may assign, transfer and/or sublicense any or all of its rights and obligations under the Terms and Conditions without restriction and without your consent, but You may not do so without the express prior written consent of SCPP which may be withheld in SCPP’s sole discretion.
This User Agreement, including any and all amendments made from time to time, constitutes the entire agreement between You and SCPP.
The parties have expressly requested and required that this User Agreement and any and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et toutes autres documents qui s’y rapportent soient rediges en anglais.
Sarnet Communications Inc. – Phenmar Productions Inc.
6841 rue Saint-Hubert, Suite 203 , Montréal, Québec, H2S 2M7
Date: May 15, 2014